Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 12805-12806 [2023-03891]

Download as PDF 12805 Rules and Regulations Federal Register Vol. 88, No. 40 Wednesday, March 1, 2023 This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. DEPARTMENT OF TRANSPORTATION Office of the Secretary 2 CFR Part 1201 [Docket No. DOT–OST–2023–0032] RIN 2105–AF06 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards Office of the Secretary (OST), U.S. Department of Transportation (DOT). ACTION: Final rule. AGENCY: The Office of the Secretary of Transportation is updating the DOT regulation that adopts the Office of Management and Budget (OMB) Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. This amendment responds to the 2020 changes to the Office of Management and Budget Guidance for Grants and Agreements, which amended OMB’s Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, by revising section cross-references. DATES: Effective March 1, 2023. FOR FURTHER INFORMATION CONTACT: Tevin Frederick, Office of the General Counsel (C–10), 1200 New Jersey Avenue SE, Washington, DC 20590, (202) 366–5189, tevin.frederick@dot.gov. SUPPLEMENTARY INFORMATION: SUMMARY: ddrumheller on DSK120RN23PROD with RULES Background This final rule updates the DOT regulation that outlines the requirements for Federal Awards adopted in OMB’s Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR part 200). The purpose of this rule is to revise section cross-references to conform with the 2020 changes to the OMB Guidance for VerDate Sep<11>2014 16:10 Feb 28, 2023 Jkt 259001 Grants and Agreements (85 FR 49506; Aug. 13, 2020). This rule updates cross-references in three sections of part 1201. This rule revises the cross-references in 2 CFR 1201.80 that refer to the definitions of program income and period of performance to reflect the OMB changes to 2 CFR 200 that moved all definitions to 2 CFR 200.1. Second, this rule changes the cross-reference in 2 CFR 1201.206 to reflect revisions in the OMB Guidance for Grants and Agreements that moved ‘‘Standard application requirements’’ to section 2 CFR 200.207. Lastly, this rule changes the crossreference in 2 CFR 1201.327 to reflect revisions in the OMB Guidance for Grants and Agreements that moved ‘‘Financial reporting’’ from 2 CFR 200.327 to 2 CFR 200.328. This final rule does not impose substantive requirements on the public. It is ministerial and relates only to technical corrections. As these changes will not have a substantive impact on the public, the Department does not expect to receive substantive comments on the rule. Therefore, the Department has determined that notice and comment are unnecessary and that the rule is exempt from prior notice and comment requirements under 5 U.S.C. 553(b)(3)(A). Similarly, under 5 U.S.C. 553(d)(3), the Department finds good cause for this rule to be effective less than 30 days after its publication in the Federal Register. various levels of government. Therefore, the consultation requirements of Executive Order 13132 do not apply. Executive Order 13175 (Consultation and Coordination With Indian Tribal Governments) This final rule has been analyzed in accordance with the principles and criteria contained in Executive Order 13175 (‘‘Consultation and Coordination with Indian Tribal Governments’’). Because this final rule does not significantly or uniquely affect the communities of the Indian tribal governments and does not impose substantial or direct compliance costs, the funding and consultation requirements of Executive Order 13175 do not apply. Regulatory Flexibility Act Because no notice of proposed rulemaking is required for this rule under the Administrative Procedure Act, 5 U.S.C. 553, the provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) do not apply. We also do not believe this rule will impose any costs on small entities because it is merely organizational in nature. I hereby certify that this final rule will not have a significant economic impact on a substantial number of small entities. Regulatory Analyses and Notices Paperwork Reduction Act This final rule contains no information collection requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520). Executive Order 12866 (Regulatory Planning and Review) and DOT Regulatory Policies and Procedures The Department has determined that this final rule is not a significant regulatory action under Executive Order 12866 and DOT Regulatory Policies and Procedures (44 FR 11034). It was not reviewed by the Office of Management and Budget. There are no costs associated with this rule. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) does not require a written statement for this final rule because the rule does not include a Federal mandate that may result in the expenditure in any one year of $100,000,000 or more (adjusted annually for inflation) by State, local, and tribal governments, or the private sector. Executive Order 13132 (Federalism) This final rule has been analyzed in accordance with the principles and criteria contained in Executive Order 13132 (‘‘Federalism’’). This final rule does not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the National Environmental Policy Act DOT has analyzed the environmental impacts of this action pursuant to the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.) and has determined that it is categorically excluded pursuant to DOT Order 5610.1C, Procedures for Considering Environmental Impacts (44 FR 56420, Oct. 1, 1979). Categorical PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\01MRR1.SGM 01MRR1 12806 Federal Register / Vol. 88, No. 40 / Wednesday, March 1, 2023 / Rules and Regulations ddrumheller on DSK120RN23PROD with RULES exclusions are actions identified in an agency’s NEPA implementing procedures that do not normally have a significant impact on the environment and therefore do not require either an environmental assessment (EA) or environmental impact statement (EIS). See 40 CFR 1508.4. In analyzing the applicability of a categorical exclusion, the agency must also consider whether extraordinary circumstances are present that would warrant the preparation of an EA or EIS. Id. Paragraph 3.c.5 of DOT Order 5610.1C incorporates by reference the categorical exclusions for all DOT Operating Administrations. This action is covered by the categorical exclusion listed in the Federal Highway Administration’s implementing procedures, ‘‘[p]romulgation of rules, regulations, and directives.’’ 23 CFR 771.117(c)(20). The purpose of this rulemaking is to update the regulation that outlines the requirements for Federal Awards and to revise section cross-references to conform with the 2020 changes to the OMB Guidance for Grants and Agreements. The agency does not anticipate any environmental impacts, and there are no extraordinary circumstances present in connection with this rulemaking. List of Subjects in 2 CFR Part 1201 Accounting, Administrative practice and procedure, Adult education, Aged, Agriculture, American Samoa, Bilingual education, Blind, Business and industry, Civil rights, Colleges and universities, Communications, Community development, Community facilities, Copyright, Credit, Cultural exchange programs, Educational facilities, Educational research, Education, Education of disadvantaged, Education of individuals with disabilities, Educational study programs, Electric power, Electric power rates, Electric utilities, Elementary and secondary education, Energy conservation, Equal educational opportunity, Federally affected areas, Government contracts, Grant programs, Grants administration, Guam, Home improvement, Homeless, Hospitals, Housing, Human research subjects, Indians, Indians-education, Infants and children, Insurance, Intergovernmental relations, International organizations, Inventions and patents, Loan programs, Manpower training programs, Migrant labor, Mortgage insurance, Nonprofit organizations, Northern Mariana Islands, Pacific Islands Trust Territories, Privacy, Renewable energy, Reporting and recordkeeping requirements, Rural areas, Scholarships and fellowships, School construction, Schools, Science and technology, Securities, Small VerDate Sep<11>2014 16:10 Feb 28, 2023 Jkt 259001 businesses, State and local governments, Student aid, Teachers, Telecommunications, Telephone, Urban areas, Veterans, Virgin Islands, Vocational education, Vocational rehabilitation, Waste treatment and disposal, Water pollution control, Water resources, Water supply, Watersheds, Women. For the reasons stated in the preamble, the Department of Transportation amends 2 CFR part 1201 as set forth below: PART 1201—UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS 1. The authority citation for part 1201 continues to read as follows: ■ Authority: 49 U.S.C. 322(a); 2 CFR 200.106. § 1201.80 [Amended] 2. In § 1201.80, remove ‘‘2 CFR 200.80’’ and add in its place ‘‘2 CFR 200.1’’ and remove ‘‘See 2 CFR 200.77 Period of performance.’’ and add in its place ‘‘See 2 CFR 200.1 Definitions.’’ ■ § 1201.206 Amended] [Redesigated as § 1201.207 and 3. Redesignate § 1201.206 as § 1201.207 and amend the newly redesignated section by removing ‘‘2 CFR 200.206’’ and adding in its place ‘‘2 CFR 200.207’’. ■ § 1201.327 Amended] [Redesigated as § 1201.328 and 4. Redesignate § 1201.327 as § 1201.328 and amend the newly redesignated section by removing ‘‘2 CFR 200.327’’ and adding in its place ‘‘2 CFR 200.328’’. ■ Signed under authority provided by 49 U.S.C. 322(a), 2 CFR 200.106, and 49 CFR 1.27 in Washington, DC on February 21, 2023. John E. Putnam, General Counsel, U.S. Department of Transportation. [FR Doc. 2023–03891 Filed 2–28–23; 8:45 am] BILLING CODE 4910–9X–P PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 DEPARTMENT OF AGRICULTURE Rural Utilities Service 7 CFR Part 1710 [Docket No. RUS–22–ELECTRIC–0057] RIN # 0572–AC60 Electric Program Coverage Ratios Clarification and Modifications Rural Utilities Service, U.S. Department of Agriculture (USDA). ACTION: Final rule; request for comment. AGENCY: The Rural Utilities Service (RUS), a Rural Development (RD) agency of the United States Department of Agriculture (USDA), is issuing a final rule with comment. The intent of this rule is to modify its coverage ratio requirements, add an additional set of ratios, and update and add definitions. The effect of this action is to reduce the regulatory impact on RUS Electric Program borrowers, ensure that loan funds will be repaid in the time agreed upon, facilitate the lending for construction of rural electric infrastructure, and allow RUS to focus on feasibility and security issues while increasing customer efficiency, customer satisfaction and service. DATES: This final rule is effective May 30, 2023. Comments must be submitted on or before May 1, 2023. ADDRESSES: You may submit comments, identified by Docket Number (RUS–22– ELECTRIC–0057) or the RIN #(0572– AC60). • Federal eRulemaking Portal: https:// www.regulations.gov. Follow instructions for sending comments. In the ‘‘Search Documents’’ box, enter the Docket Number (RUS–22–ELECTRIC– 0057) or the RIN # (0572–AC60), and click the ‘‘Search’’ button. To submit a comment, choose the ‘‘Comment Now!’’ button. Information on using Regulations.gov, including instructions for accessing documents, submitting comments, and viewing the docket after the close of the comment period, is available through the site’s FAQ page. Instructions: All submissions received must include the agency name and docket number or Regulatory Information Number (RIN) for this rulemaking. All comments received will be posted without change to www.regulations.gov, including any personal information provided. FOR FURTHER INFORMATION CONTACT: Mark Bartholomew, Rural Utilities Service Electric Program, Rural Development, United States Department of Agriculture, 1400 Independence SUMMARY: E:\FR\FM\01MRR1.SGM 01MRR1

Agencies

[Federal Register Volume 88, Number 40 (Wednesday, March 1, 2023)]
[Rules and Regulations]
[Pages 12805-12806]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03891]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 

========================================================================


Federal Register / Vol. 88, No. 40 / Wednesday, March 1, 2023 / Rules 
and Regulations

[[Page 12805]]



DEPARTMENT OF TRANSPORTATION

Office of the Secretary

2 CFR Part 1201

[Docket No. DOT-OST-2023-0032]
RIN 2105-AF06


Uniform Administrative Requirements, Cost Principles, and Audit 
Requirements for Federal Awards

AGENCY: Office of the Secretary (OST), U.S. Department of 
Transportation (DOT).

ACTION: Final rule.

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

SUMMARY: The Office of the Secretary of Transportation is updating the 
DOT regulation that adopts the Office of Management and Budget (OMB) 
Uniform Administrative Requirements, Cost Principles, and Audit 
Requirements for Federal Awards. This amendment responds to the 2020 
changes to the Office of Management and Budget Guidance for Grants and 
Agreements, which amended OMB's Uniform Administrative Requirements, 
Cost Principles, and Audit Requirements for Federal Awards, by revising 
section cross-references.

DATES: Effective March 1, 2023.

FOR FURTHER INFORMATION CONTACT: Tevin Frederick, Office of the General 
Counsel (C-10), 1200 New Jersey Avenue SE, Washington, DC 20590, (202) 
366-5189, [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    This final rule updates the DOT regulation that outlines the 
requirements for Federal Awards adopted in OMB's Uniform Administrative 
Requirements, Cost Principles, and Audit Requirements for Federal 
Awards (2 CFR part 200). The purpose of this rule is to revise section 
cross-references to conform with the 2020 changes to the OMB Guidance 
for Grants and Agreements (85 FR 49506; Aug. 13, 2020).
    This rule updates cross-references in three sections of part 1201. 
This rule revises the cross-references in 2 CFR 1201.80 that refer to 
the definitions of program income and period of performance to reflect 
the OMB changes to 2 CFR 200 that moved all definitions to 2 CFR 200.1. 
Second, this rule changes the cross-reference in 2 CFR 1201.206 to 
reflect revisions in the OMB Guidance for Grants and Agreements that 
moved ``Standard application requirements'' to section 2 CFR 200.207. 
Lastly, this rule changes the cross-reference in 2 CFR 1201.327 to 
reflect revisions in the OMB Guidance for Grants and Agreements that 
moved ``Financial reporting'' from 2 CFR 200.327 to 2 CFR 200.328.
    This final rule does not impose substantive requirements on the 
public. It is ministerial and relates only to technical corrections. As 
these changes will not have a substantive impact on the public, the 
Department does not expect to receive substantive comments on the rule. 
Therefore, the Department has determined that notice and comment are 
unnecessary and that the rule is exempt from prior notice and comment 
requirements under 5 U.S.C. 553(b)(3)(A). Similarly, under 5 U.S.C. 
553(d)(3), the Department finds good cause for this rule to be 
effective less than 30 days after its publication in the Federal 
Register.

Regulatory Analyses and Notices

Executive Order 12866 (Regulatory Planning and Review) and DOT 
Regulatory Policies and Procedures

    The Department has determined that this final rule is not a 
significant regulatory action under Executive Order 12866 and DOT 
Regulatory Policies and Procedures (44 FR 11034). It was not reviewed 
by the Office of Management and Budget. There are no costs associated 
with this rule.

Executive Order 13132 (Federalism)

    This final rule has been analyzed in accordance with the principles 
and criteria contained in Executive Order 13132 (``Federalism''). This 
final rule does not have substantial direct effects on the States, on 
the relationship between the national government and the States, or on 
the distribution of power and responsibilities among the various levels 
of government. Therefore, the consultation requirements of Executive 
Order 13132 do not apply.

Executive Order 13175 (Consultation and Coordination With Indian Tribal 
Governments)

    This final rule has been analyzed in accordance with the principles 
and criteria contained in Executive Order 13175 (``Consultation and 
Coordination with Indian Tribal Governments''). Because this final rule 
does not significantly or uniquely affect the communities of the Indian 
tribal governments and does not impose substantial or direct compliance 
costs, the funding and consultation requirements of Executive Order 
13175 do not apply.

Regulatory Flexibility Act

    Because no notice of proposed rulemaking is required for this rule 
under the Administrative Procedure Act, 5 U.S.C. 553, the provisions of 
the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) do not apply. We 
also do not believe this rule will impose any costs on small entities 
because it is merely organizational in nature. I hereby certify that 
this final rule will not have a significant economic impact on a 
substantial number of small entities.

Paperwork Reduction Act

    This final rule contains no information collection requirements 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) does 
not require a written statement for this final rule because the rule 
does not include a Federal mandate that may result in the expenditure 
in any one year of $100,000,000 or more (adjusted annually for 
inflation) by State, local, and tribal governments, or the private 
sector.

National Environmental Policy Act

    DOT has analyzed the environmental impacts of this action pursuant 
to the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 
et seq.) and has determined that it is categorically excluded pursuant 
to DOT Order 5610.1C, Procedures for Considering Environmental Impacts 
(44 FR 56420, Oct. 1, 1979). Categorical

[[Page 12806]]

exclusions are actions identified in an agency's NEPA implementing 
procedures that do not normally have a significant impact on the 
environment and therefore do not require either an environmental 
assessment (EA) or environmental impact statement (EIS). See 40 CFR 
1508.4. In analyzing the applicability of a categorical exclusion, the 
agency must also consider whether extraordinary circumstances are 
present that would warrant the preparation of an EA or EIS. Id. 
Paragraph 3.c.5 of DOT Order 5610.1C incorporates by reference the 
categorical exclusions for all DOT Operating Administrations. This 
action is covered by the categorical exclusion listed in the Federal 
Highway Administration's implementing procedures, ``[p]romulgation of 
rules, regulations, and directives.'' 23 CFR 771.117(c)(20). The 
purpose of this rulemaking is to update the regulation that outlines 
the requirements for Federal Awards and to revise section cross-
references to conform with the 2020 changes to the OMB Guidance for 
Grants and Agreements. The agency does not anticipate any environmental 
impacts, and there are no extraordinary circumstances present in 
connection with this rulemaking.

List of Subjects in 2 CFR Part 1201

    Accounting, Administrative practice and procedure, Adult education, 
Aged, Agriculture, American Samoa, Bilingual education, Blind, Business 
and industry, Civil rights, Colleges and universities, Communications, 
Community development, Community facilities, Copyright, Credit, 
Cultural exchange programs, Educational facilities, Educational 
research, Education, Education of disadvantaged, Education of 
individuals with disabilities, Educational study programs, Electric 
power, Electric power rates, Electric utilities, Elementary and 
secondary education, Energy conservation, Equal educational 
opportunity, Federally affected areas, Government contracts, Grant 
programs, Grants administration, Guam, Home improvement, Homeless, 
Hospitals, Housing, Human research subjects, Indians, Indians-
education, Infants and children, Insurance, Intergovernmental 
relations, International organizations, Inventions and patents, Loan 
programs, Manpower training programs, Migrant labor, Mortgage 
insurance, Nonprofit organizations, Northern Mariana Islands, Pacific 
Islands Trust Territories, Privacy, Renewable energy, Reporting and 
recordkeeping requirements, Rural areas, Scholarships and fellowships, 
School construction, Schools, Science and technology, Securities, Small 
businesses, State and local governments, Student aid, Teachers, 
Telecommunications, Telephone, Urban areas, Veterans, Virgin Islands, 
Vocational education, Vocational rehabilitation, Waste treatment and 
disposal, Water pollution control, Water resources, Water supply, 
Watersheds, Women.

    For the reasons stated in the preamble, the Department of 
Transportation amends 2 CFR part 1201 as set forth below:

PART 1201--UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, 
AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS

0
1. The authority citation for part 1201 continues to read as follows:

    Authority: 49 U.S.C. 322(a); 2 CFR 200.106.


Sec.  1201.80  [Amended]

0
2. In Sec.  1201.80, remove ``2 CFR 200.80'' and add in its place ``2 
CFR 200.1'' and remove ``See 2 CFR 200.77 Period of performance.'' and 
add in its place ``See 2 CFR 200.1 Definitions.''


Sec.  1201.206  [Redesigated as Sec.  1201.207 and Amended]

0
3. Redesignate Sec.  1201.206 as Sec.  1201.207 and amend the newly 
redesignated section by removing ``2 CFR 200.206'' and adding in its 
place ``2 CFR 200.207''.


Sec.  1201.327  [Redesigated as Sec.  1201.328 and Amended]

0
4. Redesignate Sec.  1201.327 as Sec.  1201.328 and amend the newly 
redesignated section by removing ``2 CFR 200.327'' and adding in its 
place ``2 CFR 200.328''.

    Signed under authority provided by 49 U.S.C. 322(a), 2 CFR 
200.106, and 49 CFR 1.27 in Washington, DC on February 21, 2023.
John E. Putnam,
General Counsel, U.S. Department of Transportation.
[FR Doc. 2023-03891 Filed 2-28-23; 8:45 am]
BILLING CODE 4910-9X-P
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