Veterans Legacy Grants Program Improvements, 65572-65575 [2024-17316]
Download as PDF
<![CDATA[
65572
Federal Register / Vol. 89, No. 155 / Monday, August 12, 2024 / Proposed Rules
Administration (NARA). For information on
the availability of this material at NARA,
visit www.archives.gov/federal-register/cfr/
ibr-locations or email fr.inspection@nara.gov.
Issued on August 6, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2024–17834 Filed 8–9–24; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 38
RIN 2900–AS13
Veterans Legacy Grants Program
Improvements
Department of Veterans Affairs.
ACTION: Proposed rule.
AGENCY:
The Department of Veterans
Affairs (VA) proposes to amend its
Veterans Legacy Grants Program (VLGP)
regulations to align them with
regulatory updates to the uniform
administrative requirements and other
requirements for Federal awards and
makes additional revisions to improve
the process for administration of the
grant program. This rulemaking
proposes housekeeping amendments to
key terms, legal citations, and
definitions and extends timelines for
reporting and other grant recipient
requirements.
SUMMARY:
Comments must be received on
or before October 11, 2024.
ADDRESSES: Comments must be
submitted through www.regulations.gov.
Except as provided below, comments
received before the close of the
comment period will be available at
www.regulations.gov for public viewing,
inspection, or copying, including any
personally identifiable or confidential
business information that is included in
a comment. We post the comments
received before the close of the
comment period on
www.regulations.gov as soon as possible
after they have been received. VA will
not post on Regulations.gov public
comments that make threats to
individuals or institutions or suggest
that the commenter will take actions to
harm an individual. VA encourages
individuals not to submit duplicative
comments; however, we will post
comments from multiple unique
commenters even if the content is
identical or nearly identical to other
comments. Any public comment
received after the comment period’s
closing date is considered late and will
khammond on DSKJM1Z7X2PROD with PROPOSALS
DATES:
VerDate Sep<11>2014
16:18 Aug 09, 2024
Jkt 262001
not be considered in the final
rulemaking. In accordance with the
Providing Accountability Through
Transparency Act of 2023, a 100 word
Plain-Language Summary of this
proposed rule is available at
Regulations.gov, under RIN 2900–AS13.
FOR FURTHER INFORMATION CONTACT: John
Williams, Senior Grants Management
Specialist, Veterans Legacy Grants
Program, National Cemetery
Administration, Department of Veterans
Affairs, 810 Vermont Avenue NW,
Washington, DC 20420. Telephone:
(314) 348–4073 (this is not a toll-free
number).
SUPPLEMENTARY INFORMATION: VA
proposes changes to the regulations
governing Veterans Legacy grants to
make housekeeping and clarifying edits,
described below. These revisions would
implement various programmatic
improvements for applicants.
Additionally, in April 2024, the Office
of Management and Budget (OMB)
published revisions to Uniform
Administrative Requirements, Cost
Principles, and Audit Requirements for
Federal Awards (also known as the
Uniform Guidance at 2 CFR part 200).
Current VLGP regulations reference
outdated 2 CFR part 200 throughout and
in this rulemaking we propose changes
to reflect revised sections, where
appropriate.
Replacing the Term ‘‘Notice of Funding
Availability’’ With ‘‘Notice of Funding
Opportunity’’
VA proposes to replace the terms
‘‘Notice of Funding Availability’’ and
‘‘NOFA’’ with ‘‘Notice of Funding
Opportunity’’ and ‘‘NOFO’’,
respectively, in 38 CFR 38.715(k) and
throughout the VLGP regulations to
align them with OMB’s use and
definition of the term ‘‘Notice of
funding opportunity’’ in 2 CFR 200.1
and 200.204. Under the revised
definition, the term ‘‘NOFO’’ would be
defined as ‘‘a formal announcement of
the availability of a Federal funding
opportunity published in the OMBdesignated government-wide website
Grants.gov (https://www.grants.gov) in
accordance with § 38.725 and 2 CFR
200.1 and 200.204.’’ Consistent with the
definition in 2 CFR 200.1, a NOFO
would provide information on the
award, who is eligible to apply, the
evaluation criteria for selection of an
awardee, required components of an
application, and how to submit the
application. This change is intended to
reduce the potential for grant recipient
confusion due to discrepancies between
terminology used in the VLGP
regulations and the Grants.gov website.
PO 00000
Frm 00017
Fmt 4702
Sfmt 4702
Replacing the Term ‘‘Grantee’’ With
‘‘Recipient’’
VA proposes to replace the term
‘‘Grantee’’ with ‘‘Recipient’’ in 38 CFR
38.715(j) and to make similar changes
throughout the VLGP regulations where
applicable. This change would be
consistent with OMB’s use of the term
‘‘Recipient’’ as the entity that receives a
Federal award directly from a Federal
awarding agency. The alignment of
these terms is intended to reduce any
confusion for the public regarding the
VLGP. The definition would clarify that
‘‘recipient’’ does not include a
subrecipient or individual that is a
beneficiary of the award.
Consolidating the Publication Location
of the NOFO
OMB uniform grant guidance requires
a funding agency to provide public
notice of Federal financial assistance
programs. Current 38 CFR 38.725
requires VA to publish funding
opportunity announcements in both the
Federal Register and in Grants.gov. VA
proposes to discontinue the requirement
in its current regulation to post NOFOs
in the Federal Register. Because
Grants.gov is an OMB-designated
government-wide website and is
recognized as the primary Federal
system used for publication of notices
concerning Federal funding
opportunities and financial assistance,
see 89 FR 30072 (Apr. 22, 2024), VA
proposes to use Grants.gov as the
primary source of publication for its
funding opportunity announcements.
VA believes this change would make the
VLGP award procedures more efficient
and would eliminate the duplicative
publication requirement in the Federal
Register, which may often result in
additional processing time.
Updating the Terminology of
Additional Factors for Deciding
Applications
VA proposes to amend 38 CFR 38.735
(Additional factors for deciding
applications) by updating the
terminology in the regulation to align it
with the terminology and process
framework established in 2 CFR part
200. Specifically, VA would amend the
heading in 38 CFR 38.735(a) from
‘‘Applicant’s performance on prior
award’’ to ‘‘Applicant’s history of
performance’’. History of performance is
a principal factor considered when
evaluating an applicant’s application. 2
CFR 200.206(b)(2)(iii). VA would revise
the description for additional clarity
and consistency on this deciding factor.
The revised language would state that
VA may consider the applicant’s record
E:\FR\FM\12AUP1.SGM
12AUP1
Federal Register / Vol. 89, No. 155 / Monday, August 12, 2024 / Proposed Rules
in managing Federal awards, if it is a
prior recipient of a Federal award,
including timeliness of compliance with
applicable reporting requirements and
conformance to the terms and
conditions of any previous Federal
award. The current language is specific
to the applicant’s noncompliance with
requirements and limits the scope of
evaluation to past written evaluation
reports, memoranda on performance,
and completion of prior submissions.
The proposed language would expand
VA’s ability to review and consider a
broader scope of relevant conduct that
may impact an applicant’s evaluative
rating under the merit review process.
VA proposes to also amend the
heading in 38 CFR 38.735(b) from
‘‘Applicant’s fiscal integrity’’ to
‘‘Applicant’s financial stability’’ to align
it with 2 CFR 200.206(b)(2)(i), which
includes an applicant’s ‘‘financial
stability’’ among the principal
evaluative factors to consider. In
addition, VA proposes to remove the
reference to 2 CFR 200.205 within the
description, which would provide
flexibility for the VLGP regulation if
future edits are made to 2 CFR part 200.
Extending the Timeframe for Recipients
To Fulfill Reporting Requirements
VA proposes to amend 38 CFR 38.765
(Recipient reporting requirements) to
allow 120 calendar days after the end
date of the period of performance for a
grant recipient to submit a final report.
Currently, the regulation only allows for
a grant recipient to submit this
information no later than 60 days after
the last day of the grant period. The
amended language would align with the
closeout requirements under 2 CFR
200.344 (Closeout) and provide the
grant recipient with the standard time
period to submit required financial,
performance, and other reports after the
period of performance has concluded.
khammond on DSKJM1Z7X2PROD with PROPOSALS
Changes to Authority Citations
VA proposes to revise authority
citations for the VLGP regulations. VA
proposes to revise the authority citation
for § 38.715 by removing the reference
to 2 CFR 200.203, which governs the
requirement to provide public notice of
Federal financial assistance programs,
and adding in its place a reference to 2
CFR 200.1, which defines the term
‘‘notice of funding opportunity,’’ and 2
CFR 200.204, which sets forth
requirements of notices of funding
opportunities. VA proposes to revise the
authority citation for § 38.725 by
removing the reference to 2 CFR 200.203
and adding in its place a reference to 2
CFR 200.204.
VerDate Sep<11>2014
16:18 Aug 09, 2024
Jkt 262001
VA also proposes to revise the
authority citation for § 38.730 by
removing the reference to 2 CFR 200.203
and adding a reference to 2 CFR
200.208, which sets forth specific
conditions for federal grant awards. VA
proposes to revise the authority citation
for § 38.735 by removing the reference
to 2 CFR 200.203 and adding a reference
to 2 CFR 200.206, which provides that
the Federal awarding agency will review
risk posed by applicants. VA proposes
to revise the authority citation for
§ 38.740 by removing the reference to 2
CFR 200.203 and adding a reference to
2 CFR 200.205, which provides that the
Federal awarding agency will have a
merit review process for proposals. VA
also proposes to revise the authority
citation for § 38.745 by removing the
reference to 2 CFR 200.203 and adding
a reference to 2 CFR 200.211, which sets
forth information contained in a Federal
award. VA proposes to revise the
authority citation for § 38.750 by
removing the reference to 2 CFR 200.203
and adding a reference to 2 CFR
200.204, which governs notices of
funding opportunities generally. VA
proposes to revise the authority citation
for § 38.755 by removing the reference
to 2 CFR 200.203 and adding a reference
to 2 CFR 200.211, which sets forth
information contained in a Federal
award.
VA also proposes to revise the
authority citation for § 38.760 by
removing the reference to 2 CFR 200.203
and adding a reference to 2 CFR
200.305, which governs Federal
payments. VA proposes to revise the
authority citation for § 38.765 by
removing the reference to 2 CFR 200.203
and adding a reference to 2 CFR
200.344, which governs closeout of
federal awards. VA proposes to revise
the authority citation for § 38.770 by
removing the reference to 2 CFR 200.203
and adding a reference to 2 CFR 200.339
and 200.410, which sets forth remedies
for noncompliance and addresses
collection of unallowable costs,
respectively. VA proposes to revise the
authority citation for § 38.775 by
removing the reference to 2 CFR 200.203
and adding a reference to 2 CFR
200.329, which governs monitoring and
reporting program performance. VA also
proposes to revise the authority citation
for § 38.780 by including a reference to
2 CFR 200.476, which is included as
part of the regulations governing general
cost principles. VA proposes to revise
the authority citation for § 38.785 by
removing the reference to 2 CFR
200.333, which governs fixed amount
subawards, and adding a reference to 2
PO 00000
Frm 00018
Fmt 4702
Sfmt 4702
65573
CFR 200.334–200.338, which govern
record retention and access.
Executive Orders 12866, 13563 and
14094
Executive Order 12866 (Regulatory
Planning and Review) directs 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
14094 (Executive Order on Modernizing
Regulatory Review) supplements and
reaffirms the principles, structures, and
definitions governing contemporary
regulatory review established in
Executive Order 12866 of September 30,
1993 (Regulatory Planning and Review)
and Executive Order 13563 of January
18, 2011 (Improving Regulation and
Regulatory Review). The Office of
Information and Regulatory Affairs has
determined that this rulemaking is not
a significant regulatory action under
Executive Order 12866, as amended by
Executive Order 14094. The Regulatory
Impact Analysis associated with this
rulemaking can be found as a
supporting document at
www.regulations.gov.
Regulatory Flexibility Act
The Secretary hereby certifies that
this proposed rule would 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. The
amendments proposed in this rule
would likely not be determinative of
whether small entities receive or do not
receive a grant because they would have
limited impact on small entities
complying with grant application and
reporting requirements. In addition to
some technical revisions to the VLGP
regulations, this rule would merely
align those regulations to updates to the
uniform administrative requirements
and other requirements for Federal
awards (2 CFR part 200). Therefore,
pursuant to 5 U.S.C. 605(b), the initial
and final regulatory flexibility analysis
requirements of 5 U.S.C. 603 and 604 do
not apply.
Unfunded Mandates
The Unfunded Mandates Reform Act
of 1995 requires, at 2 U.S.C. 1532, that
E:\FR\FM\12AUP1.SGM
12AUP1
65574
Federal Register / Vol. 89, No. 155 / Monday, August 12, 2024 / Proposed Rules
numbers 4040–0004, 4040–0006, 4040–0007,
and 4040–0013)’’.
§ 38.715
(a) Applicant’s history of
performance. VA may consider the
applicant’s record in managing Federal
awards, if a prior recipient of a Federal
award, including timeliness of
compliance with applicable reporting
requirements and conformance to the
terms and conditions of any previous
Federal award.
(b) Applicant’s financial stability.
Applicants must meet and have
maintained standards of financial
stability for participation in Federal
grant programs.
■
Paperwork Reduction Act
Although this proposed rule contains
collection of information under the
provisions of the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501–3521), there
are no provisions associated with this
rulemaking constituting any new
collection of information or any
revisions to the existing collection of
information. The collections of
information for 38 CFR 38.730 are
currently approved by the Office of
Management and Budget (OMB) and
have been assigned OMB control
numbers 4040–0004, 4040–0006, 4040–
0007, and 4040–0013.
*
Assistance Listing
The Assistance Listing number and
title for the program affected by this
document are 64.204, Veterans Legacy
Grants Program.
List of Subjects in 38 CFR Part 38
Administrative practice and
procedure, Cemeteries, Claims, Crime,
Grants programs—veterans, Veterans.
Signing Authority
Denis McDonough, Secretary of
Veterans Affairs, approved this
document on July 31, 2024, 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.
Luvenia Potts,
Regulations Development Coordinator, Office
of Regulation Policy & Management, Office
of General Counsel, Department of Veterans
Affairs.
For the reasons stated in the
preamble, the Department of Veterans
Affairs proposes to amend 38 CFR part
38 as set forth below:
khammond on DSKJM1Z7X2PROD with PROPOSALS
a. In paragraph (a) introductory text,
removing ‘‘Notice of Funding
Availability’’ and adding in its place
‘‘Notice of Funding Opportunity’’.
■ b. Removing ‘‘NOFA’’ each place it
appears and adding in each place
‘‘NOFO’’.
■ c. Revising paragraphs (j) and (k) and
the authority citation.
The revisions read as follows:
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 proposed rule would
have no such effect on State, local, and
tribal governments, or on the private
sector.
PART 38—NATIONAL CEMETERIES
OF THE DEPARTMENT OF VETERANS
AFFAIRS
1. The authority citation for part 38
continues to read as follows:
■
Authority: 38 U.S.C. 107, 501, 512, 531,
2306, 2400, 2402, 2403, 2404, 2407, 2408,
2411, 7105.
■
2. Amend § 38.715 by:
VerDate Sep<11>2014
16:18 Aug 09, 2024
Jkt 262001
Definitions.
*
*
*
*
(j) Recipient means an eligible
recipient (or entity) that is awarded a
VLGP grant under this part. It does not
include a subrecipient or individual that
is a beneficiary of the award.
(k) Notice of Funding Opportunity
(NOFO) means a formal announcement
of the availability of a Federal funding
opportunity published in the OMBdesignated government-wide website
Grants.gov (https://www.grants.gov) in
accordance with § 38.725 and 2 CFR
200.1 and 200.204.
(Authority: 38 U.S.C. 501(d), 2400 note, 2
CFR 200.1 and 200.204))
6. Amend § 38.735 by:
a. Revising paragraphs (a) and (b).
b. In the authority citation, removing
‘‘2 CFR 200.203’’ and adding in its place
‘‘2 CFR 200.206’’.
The revisions read as follows:
■
■
■
§ 38.735 Additional factors for deciding
applications.
(Authority: 38 U.S.C. 501(d), 2400 note, and
2 CFR 200.206)
§ 38.740
§ 38.720
[Amended]
3. Amend § 38.720 by:
a. Removing ‘‘grantee’’ and
‘‘grantee’s’’ each place they appear and
adding in each place ‘‘recipient’’ and
‘‘recipient’s’’, respectively.
■ b. Removing ‘‘NOFA’’ each place it
appears and adding in each place
‘‘NOFO’’.
■ 4. Amend § 38.725 by:
■ a. Revising the section heading and
introductory text.
■ b. In the authority citation, removing
‘‘2 CFR 200.203’’ and adding in its place
‘‘2 CFR 200.204’’.
The revisions read as follows:
■
■
§ 38.725 Notice of Funding Opportunity
(NOFO).
§ 38.745
§ 38.750
§ 38.755
§ 38.730
§ 38.760
Applications.
*
*
*
(The Office of Management and Budget has
approved the information collection
provisions in this section under control
PO 00000
Frm 00019
Fmt 4702
Sfmt 4702
[Amended]
9. Amend § 38.750 by, in the authority
citation, removing ‘‘2 CFR 200.203’’ and
adding in its place ‘‘2 CFR 200.204’’.
■
■
■
*
[Amended]
8. Amend § 38.745 by, in the authority
citation, removing ‘‘2 CFR 200.203’’ and
adding in its place ‘‘2 CFR 200.211’’.
■
When funds are available for VLGP
grants, VA will publish a NOFO at
Grants.gov (https://www.grants.gov). The
NOFO will identify:
*
*
*
*
*
■ 5. Amend § 38.730 by:
■ a. Removing ‘‘NOFA’’ each place it
appears and adding in each place
‘‘NOFO’’.
■ b. In the authority citation, removing
‘‘2 CFR 200.203’’ and adding in its place
‘‘2 CFR 200.208’’.
■ c. Adding a parenthetical reference at
the end of the section.
The revision reads as follows:
*
[Amended]
7. Amend § 38.740 by:
a. Removing ‘‘NOFA’’ each place it
appears and adding in each place
‘‘NOFO’’.
■ b. In the authority citation, removing
‘‘2 CFR 200.203’’ and adding in its place
‘‘2 CFR 200.205’’.
■
■
[Amended]
10. Amend § 38.755 by:
a. In the introductory text, removing
‘‘grantee’’ and adding in its place
‘‘recipient’’.
■ b. In the authority citation, removing
‘‘2 CFR 200.203’’ and adding in its place
‘‘2 CFR 200.211’’.
■ 11. Amend § 38.760 by:
■ a. Revising paragraph (a).
■ b. In paragraph (b), removing ‘‘NOFA’’
and adding in its place ‘‘NOFO’’.
■ c. In the authority citation, removing
‘‘2 CFR 200.203’’ and adding in its place
‘‘2 CFR 200.305’’.
The revision reads as follows:
Payments under the grant.
(a) Recipients are to be paid in
accordance with 2 CFR 200.305.
*
*
*
*
*
■ 12. Amend § 38.765 by:
E:\FR\FM\12AUP1.SGM
12AUP1
Federal Register / Vol. 89, No. 155 / Monday, August 12, 2024 / Proposed Rules
a. Revising the section heading and
paragraph (a).
■ b. In the authority citation, removing
‘‘2 CFR 200.203’’ and adding in its place
‘‘2 CFR 200.344’’.
■
§ 38.765
*
*
Recovery of funds by VA.
*
*
*
(Authority: 38 U.S.C. 501(d), 2400 note, 2
CFR 200.339 and 200.410)
§ 38.775
[Amended]
14. Amend § 38.775 by:
a. Removing ‘‘grantee’’ each place it
appears and adding in each place
‘‘recipient’’.
■ b. In the authority citation, removing
‘‘2 CFR 200.203’’ and adding in its place
‘‘2 CFR 200.329’’.
■
■
§ 38.780
[Amended]
15. Amend § 38.780 by:
a. In paragraph (b), removing
‘‘grantees’’ and ‘‘Grantees’’ each place
they appear and adding in each place
‘‘recipients’’ and ‘‘Recipients’’,
respectively.
■ b. Removing ‘‘2 CFR 200.400–
200.475’’ each place it appears and
adding in each place ‘‘2 CFR 200.400–
200.476’’.
■ 16. Revise § 38.785 to read as follows:
■
■
khammond on DSKJM1Z7X2PROD with PROPOSALS
§ 38.785
40 CFR Part 84
[EPA–HQ–OAR–2021–0643; FRL–11739–03–
OAR]
Recipient reporting requirements.
(a) Final report. The recipient must
submit to VA, no later than 120 calendar
days after the end date of the period of
performance, all financial, performance,
and other reports as required by the
terms and conditions of the Federal
award.
*
*
*
*
*
■ 13. Amend § 38.770 by:
■ a. Removing ‘‘grantee’’ each place it
appears and adding in each place
‘‘recipient’’.
■ b. Revising the authority citation.
The revision reads as follows:
§ 38.770
ENVIRONMENTAL PROTECTION
AGENCY
Record retention and access.
Recipients must ensure that records
are maintained and accessible in
accordance with 2 CFR 200.334–
200.338. Recipients must produce such
records at VA’s request.
(Authority: 38 U.S.C. 501(d), 2400 note, and
2 CFR 200.334–200.338)
[FR Doc. 2024–17316 Filed 8–9–24; 8:45 am]
BILLING CODE 8320–01–P
VerDate Sep<11>2014
16:18 Aug 09, 2024
Jkt 262001
Phasedown of Hydrofluorocarbons:
Restrictions on the Use of HFCs Under
the AIM Act in Variable Refrigerant
Flow Air Conditioning Subsector;
Reopening the Comment Period
Environmental Protection
Agency (EPA).
ACTION: Proposed rule; reopening the
comment period.
AGENCY:
On June 26, 2024, EPA
published a proposed rule titled,
Phasedown of Hydrofluorocarbons:
Restrictions on the Use of
Hydrofluorocarbons under the
American Innovation and
Manufacturing Act in Variable
Refrigerant Flow Air Conditioning
Subsector, to allow one additional year
for the installation of certain residential
and light commercial air conditioning
and heat pump variable refrigerant flow
systems. The proposed rule did not
include notice that the Agency would
hold a public hearing if one were
requested. This notice reopens the
comment period specifically to provide
an opportunity to request a public
hearing on this rulemaking if one is
desired.
DATES: The comment period for the
proposed rule published on June 26,
2024, at 89 FR 53373, is reopened to
allow for the opportunity to request a
public hearing. To request a public
hearing, please submit a comment per
the instructions in the ADDRESSES
section. If requested, EPA will hold a
virtual public hearing on August 19,
2024. See SUPPLEMENTARY INFORMATION
for information on requesting and
registering for a public hearing.
If no public hearing is requested, the
comment period will close on August
27, 2024. If a public hearing is
requested, the comment period will
close on September 26, 2024.
ADDRESSES: You may send comments,
identified by docket identification
number EPA–HQ–OAR–2021–0643, by
any of the following methods:
• Federal eRulemaking Portal:
https://www.regulations.gov (our
preferred method). Follow the online
instructions for submitting comments.
• Email: a-and-r-docket@epa.gov.
Include Docket ID No. EPA–HQ–OAR–
2021–0643 in the subject line of the
message.
• Mail: U.S. Environmental
Protection Agency, EPA Docket Center,
SUMMARY:
PO 00000
Frm 00020
Fmt 4702
Sfmt 4702
65575
Air and Radiation Docket, Mail Code
28221T, 1200 Pennsylvania Avenue
NW, Washington, DC 20460.
• Hand Delivery or Courier: EPA
Docket Center, WJC West Building,
Room 3334, 1301 Constitution Avenue
NW, Washington, DC 20004. The Docket
Center’s hours of operations are 8:30
a.m.–4:30 p.m., Monday–Friday (except
Federal Holidays).
Instructions: All submissions received
must include the Docket ID number for
this rulemaking. Comments received
may be posted without change to
https://www.regulations.gov, including
any personal information provided.
Do not submit any information you
consider to be Confidential Business
Information (CBI) through https://
www.regulations.gov. For submission of
confidential comments, please work
with the person listed in the FOR
FURTHER INFORMATION CONTACT section.
For additional submission methods, the
full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: For
questions about this notice, contact
Joshua Silver, Stratospheric Protection
Division, Office of Atmospheric
Protection (Mail Code 6205A),
Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC
20460; telephone number: 202–564–
2473; email address: silver.joshua@
epa.gov. You may also visit EPA’s
website at https://www.epa.gov/climatehfcs-reduction for further information.
SUPPLEMENTARY INFORMATION: The EPA
is reopening the public comment period
established in the Federal Register
document of June 26, 2024 (89 FR
53373), in order to provide an
opportunity for the public to request a
public hearing. The original public
comment period for the proposed rule
closed on July 26, 2024. The EPA did
not receive a request for a public
hearing or to reopen the comment
period but, per the notice requirements
of AIM Act subsection (k)(1)(C) and
CAA section 307(d)(5), EPA is offering
this opportunity to request a public
hearing. The comments the EPA has
received were supportive of extending
the compliance date for installations of
VRF systems and previously provided
comments do not need to be
resubmitted. Oral comments will be
weighed equally to written comments.
If a public hearing is requested and
held, the comment period will remain
open, as required by CAA section
307(d)(5), until September 26, 2024. If a
E:\FR\FM\12AUP1.SGM
12AUP1
]]>Agencies
[Federal Register Volume 89, Number 155 (Monday, August 12, 2024)]
[Proposed Rules]
[Pages 65572-65575]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17316]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 38
RIN 2900-AS13
Veterans Legacy Grants Program Improvements
AGENCY: Department of Veterans Affairs.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Veterans Affairs (VA) proposes to amend its
Veterans Legacy Grants Program (VLGP) regulations to align them with
regulatory updates to the uniform administrative requirements and other
requirements for Federal awards and makes additional revisions to
improve the process for administration of the grant program. This
rulemaking proposes housekeeping amendments to key terms, legal
citations, and definitions and extends timelines for reporting and
other grant recipient requirements.
DATES: Comments must be received on or before October 11, 2024.
ADDRESSES: Comments must be submitted through www.regulations.gov.
Except as provided below, comments received before the close of the
comment period will be available at www.regulations.gov for public
viewing, inspection, or copying, including any personally identifiable
or confidential business information that is included in a comment. We
post the comments received before the close of the comment period on
www.regulations.gov as soon as possible after they have been received.
VA will not post on Regulations.gov public comments that make threats
to individuals or institutions or suggest that the commenter will take
actions to harm an individual. VA encourages individuals not to submit
duplicative comments; however, we will post comments from multiple
unique commenters even if the content is identical or nearly identical
to other comments. Any public comment received after the comment
period's closing date is considered late and will not be considered in
the final rulemaking. In accordance with the Providing Accountability
Through Transparency Act of 2023, a 100 word Plain-Language Summary of
this proposed rule is available at Regulations.gov, under RIN 2900-
AS13.
FOR FURTHER INFORMATION CONTACT: John Williams, Senior Grants
Management Specialist, Veterans Legacy Grants Program, National
Cemetery Administration, Department of Veterans Affairs, 810 Vermont
Avenue NW, Washington, DC 20420. Telephone: (314) 348-4073 (this is not
a toll-free number).
SUPPLEMENTARY INFORMATION: VA proposes changes to the regulations
governing Veterans Legacy grants to make housekeeping and clarifying
edits, described below. These revisions would implement various
programmatic improvements for applicants. Additionally, in April 2024,
the Office of Management and Budget (OMB) published revisions to
Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards (also known as the Uniform Guidance at
2 CFR part 200). Current VLGP regulations reference outdated 2 CFR part
200 throughout and in this rulemaking we propose changes to reflect
revised sections, where appropriate.
Replacing the Term ``Notice of Funding Availability'' With ``Notice of
Funding Opportunity''
VA proposes to replace the terms ``Notice of Funding Availability''
and ``NOFA'' with ``Notice of Funding Opportunity'' and ``NOFO'',
respectively, in 38 CFR 38.715(k) and throughout the VLGP regulations
to align them with OMB's use and definition of the term ``Notice of
funding opportunity'' in 2 CFR 200.1 and 200.204. Under the revised
definition, the term ``NOFO'' would be defined as ``a formal
announcement of the availability of a Federal funding opportunity
published in the OMB-designated government-wide website Grants.gov
(https://www.grants.gov) in accordance with Sec. 38.725 and 2 CFR 200.1
and 200.204.'' Consistent with the definition in 2 CFR 200.1, a NOFO
would provide information on the award, who is eligible to apply, the
evaluation criteria for selection of an awardee, required components of
an application, and how to submit the application. This change is
intended to reduce the potential for grant recipient confusion due to
discrepancies between terminology used in the VLGP regulations and the
Grants.gov website.
Replacing the Term ``Grantee'' With ``Recipient''
VA proposes to replace the term ``Grantee'' with ``Recipient'' in
38 CFR 38.715(j) and to make similar changes throughout the VLGP
regulations where applicable. This change would be consistent with
OMB's use of the term ``Recipient'' as the entity that receives a
Federal award directly from a Federal awarding agency. The alignment of
these terms is intended to reduce any confusion for the public
regarding the VLGP. The definition would clarify that ``recipient''
does not include a subrecipient or individual that is a beneficiary of
the award.
Consolidating the Publication Location of the NOFO
OMB uniform grant guidance requires a funding agency to provide
public notice of Federal financial assistance programs. Current 38 CFR
38.725 requires VA to publish funding opportunity announcements in both
the Federal Register and in Grants.gov. VA proposes to discontinue the
requirement in its current regulation to post NOFOs in the Federal
Register. Because Grants.gov is an OMB-designated government-wide
website and is recognized as the primary Federal system used for
publication of notices concerning Federal funding opportunities and
financial assistance, see 89 FR 30072 (Apr. 22, 2024), VA proposes to
use Grants.gov as the primary source of publication for its funding
opportunity announcements. VA believes this change would make the VLGP
award procedures more efficient and would eliminate the duplicative
publication requirement in the Federal Register, which may often result
in additional processing time.
Updating the Terminology of Additional Factors for Deciding
Applications
VA proposes to amend 38 CFR 38.735 (Additional factors for deciding
applications) by updating the terminology in the regulation to align it
with the terminology and process framework established in 2 CFR part
200. Specifically, VA would amend the heading in 38 CFR 38.735(a) from
``Applicant's performance on prior award'' to ``Applicant's history of
performance''. History of performance is a principal factor considered
when evaluating an applicant's application. 2 CFR 200.206(b)(2)(iii).
VA would revise the description for additional clarity and consistency
on this deciding factor. The revised language would state that VA may
consider the applicant's record
[[Page 65573]]
in managing Federal awards, if it is a prior recipient of a Federal
award, including timeliness of compliance with applicable reporting
requirements and conformance to the terms and conditions of any
previous Federal award. The current language is specific to the
applicant's noncompliance with requirements and limits the scope of
evaluation to past written evaluation reports, memoranda on
performance, and completion of prior submissions. The proposed language
would expand VA's ability to review and consider a broader scope of
relevant conduct that may impact an applicant's evaluative rating under
the merit review process.
VA proposes to also amend the heading in 38 CFR 38.735(b) from
``Applicant's fiscal integrity'' to ``Applicant's financial stability''
to align it with 2 CFR 200.206(b)(2)(i), which includes an applicant's
``financial stability'' among the principal evaluative factors to
consider. In addition, VA proposes to remove the reference to 2 CFR
200.205 within the description, which would provide flexibility for the
VLGP regulation if future edits are made to 2 CFR part 200.
Extending the Timeframe for Recipients To Fulfill Reporting
Requirements
VA proposes to amend 38 CFR 38.765 (Recipient reporting
requirements) to allow 120 calendar days after the end date of the
period of performance for a grant recipient to submit a final report.
Currently, the regulation only allows for a grant recipient to submit
this information no later than 60 days after the last day of the grant
period. The amended language would align with the closeout requirements
under 2 CFR 200.344 (Closeout) and provide the grant recipient with the
standard time period to submit required financial, performance, and
other reports after the period of performance has concluded.
Changes to Authority Citations
VA proposes to revise authority citations for the VLGP regulations.
VA proposes to revise the authority citation for Sec. 38.715 by
removing the reference to 2 CFR 200.203, which governs the requirement
to provide public notice of Federal financial assistance programs, and
adding in its place a reference to 2 CFR 200.1, which defines the term
``notice of funding opportunity,'' and 2 CFR 200.204, which sets forth
requirements of notices of funding opportunities. VA proposes to revise
the authority citation for Sec. 38.725 by removing the reference to 2
CFR 200.203 and adding in its place a reference to 2 CFR 200.204.
VA also proposes to revise the authority citation for Sec. 38.730
by removing the reference to 2 CFR 200.203 and adding a reference to 2
CFR 200.208, which sets forth specific conditions for federal grant
awards. VA proposes to revise the authority citation for Sec. 38.735
by removing the reference to 2 CFR 200.203 and adding a reference to 2
CFR 200.206, which provides that the Federal awarding agency will
review risk posed by applicants. VA proposes to revise the authority
citation for Sec. 38.740 by removing the reference to 2 CFR 200.203
and adding a reference to 2 CFR 200.205, which provides that the
Federal awarding agency will have a merit review process for proposals.
VA also proposes to revise the authority citation for Sec. 38.745 by
removing the reference to 2 CFR 200.203 and adding a reference to 2 CFR
200.211, which sets forth information contained in a Federal award. VA
proposes to revise the authority citation for Sec. 38.750 by removing
the reference to 2 CFR 200.203 and adding a reference to 2 CFR 200.204,
which governs notices of funding opportunities generally. VA proposes
to revise the authority citation for Sec. 38.755 by removing the
reference to 2 CFR 200.203 and adding a reference to 2 CFR 200.211,
which sets forth information contained in a Federal award.
VA also proposes to revise the authority citation for Sec. 38.760
by removing the reference to 2 CFR 200.203 and adding a reference to 2
CFR 200.305, which governs Federal payments. VA proposes to revise the
authority citation for Sec. 38.765 by removing the reference to 2 CFR
200.203 and adding a reference to 2 CFR 200.344, which governs closeout
of federal awards. VA proposes to revise the authority citation for
Sec. 38.770 by removing the reference to 2 CFR 200.203 and adding a
reference to 2 CFR 200.339 and 200.410, which sets forth remedies for
noncompliance and addresses collection of unallowable costs,
respectively. VA proposes to revise the authority citation for Sec.
38.775 by removing the reference to 2 CFR 200.203 and adding a
reference to 2 CFR 200.329, which governs monitoring and reporting
program performance. VA also proposes to revise the authority citation
for Sec. 38.780 by including a reference to 2 CFR 200.476, which is
included as part of the regulations governing general cost principles.
VA proposes to revise the authority citation for Sec. 38.785 by
removing the reference to 2 CFR 200.333, which governs fixed amount
subawards, and adding a reference to 2 CFR 200.334-200.338, which
govern record retention and access.
Executive Orders 12866, 13563 and 14094
Executive Order 12866 (Regulatory Planning and Review) directs
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 14094 (Executive Order on
Modernizing Regulatory Review) supplements and reaffirms the
principles, structures, and definitions governing contemporary
regulatory review established in Executive Order 12866 of September 30,
1993 (Regulatory Planning and Review) and Executive Order 13563 of
January 18, 2011 (Improving Regulation and Regulatory Review). The
Office of Information and Regulatory Affairs has determined that this
rulemaking is not a significant regulatory action under Executive Order
12866, as amended by Executive Order 14094. The Regulatory Impact
Analysis associated with this rulemaking can be found as a supporting
document at www.regulations.gov.
Regulatory Flexibility Act
The Secretary hereby certifies that this proposed rule would 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. The amendments proposed in this rule would likely not
be determinative of whether small entities receive or do not receive a
grant because they would have limited impact on small entities
complying with grant application and reporting requirements. In
addition to some technical revisions to the VLGP regulations, this rule
would merely align those regulations to updates to the uniform
administrative requirements and other requirements for Federal awards
(2 CFR part 200). Therefore, pursuant to 5 U.S.C. 605(b), the initial
and final regulatory flexibility analysis requirements of 5 U.S.C. 603
and 604 do not apply.
Unfunded Mandates
The Unfunded Mandates Reform Act of 1995 requires, at 2 U.S.C.
1532, that
[[Page 65574]]
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 proposed rule would have no such effect on State, local, and
tribal governments, or on the private sector.
Paperwork Reduction Act
Although this proposed rule contains collection of information
under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C.
3501-3521), there are no provisions associated with this rulemaking
constituting any new collection of information or any revisions to the
existing collection of information. The collections of information for
38 CFR 38.730 are currently approved by the Office of Management and
Budget (OMB) and have been assigned OMB control numbers 4040-0004,
4040-0006, 4040-0007, and 4040-0013.
Assistance Listing
The Assistance Listing number and title for the program affected by
this document are 64.204, Veterans Legacy Grants Program.
List of Subjects in 38 CFR Part 38
Administrative practice and procedure, Cemeteries, Claims, Crime,
Grants programs--veterans, Veterans.
Signing Authority
Denis McDonough, Secretary of Veterans Affairs, approved this
document on July 31, 2024, 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.
Luvenia Potts,
Regulations Development Coordinator, Office of Regulation Policy &
Management, Office of General Counsel, Department of Veterans Affairs.
For the reasons stated in the preamble, the Department of Veterans
Affairs proposes to amend 38 CFR part 38 as set forth below:
PART 38--NATIONAL CEMETERIES OF THE DEPARTMENT OF VETERANS AFFAIRS
0
1. The authority citation for part 38 continues to read as follows:
Authority: 38 U.S.C. 107, 501, 512, 531, 2306, 2400, 2402,
2403, 2404, 2407, 2408, 2411, 7105.
0
2. Amend Sec. 38.715 by:
0
a. In paragraph (a) introductory text, removing ``Notice of Funding
Availability'' and adding in its place ``Notice of Funding
Opportunity''.
0
b. Removing ``NOFA'' each place it appears and adding in each place
``NOFO''.
0
c. Revising paragraphs (j) and (k) and the authority citation.
The revisions read as follows:
Sec. 38.715 Definitions.
* * * * *
(j) Recipient means an eligible recipient (or entity) that is
awarded a VLGP grant under this part. It does not include a
subrecipient or individual that is a beneficiary of the award.
(k) Notice of Funding Opportunity (NOFO) means a formal
announcement of the availability of a Federal funding opportunity
published in the OMB-designated government-wide website Grants.gov
(https://www.grants.gov) in accordance with Sec. 38.725 and 2 CFR 200.1
and 200.204.
(Authority: 38 U.S.C. 501(d), 2400 note, 2 CFR 200.1 and 200.204))
Sec. 38.720 [Amended]
0
3. Amend Sec. 38.720 by:
0
a. Removing ``grantee'' and ``grantee's'' each place they appear and
adding in each place ``recipient'' and ``recipient's'', respectively.
0
b. Removing ``NOFA'' each place it appears and adding in each place
``NOFO''.
0
4. Amend Sec. 38.725 by:
0
a. Revising the section heading and introductory text.
0
b. In the authority citation, removing ``2 CFR 200.203'' and adding in
its place ``2 CFR 200.204''.
The revisions read as follows:
Sec. 38.725 Notice of Funding Opportunity (NOFO).
When funds are available for VLGP grants, VA will publish a NOFO at
Grants.gov (https://www.grants.gov). The NOFO will identify:
* * * * *
0
5. Amend Sec. 38.730 by:
0
a. Removing ``NOFA'' each place it appears and adding in each place
``NOFO''.
0
b. In the authority citation, removing ``2 CFR 200.203'' and adding in
its place ``2 CFR 200.208''.
0
c. Adding a parenthetical reference at the end of the section.
The revision reads as follows:
Sec. 38.730 Applications.
* * * * *
(The Office of Management and Budget has approved the information
collection provisions in this section under control numbers 4040-
0004, 4040-0006, 4040-0007, and 4040-0013)''.
0
6. Amend Sec. 38.735 by:
0
a. Revising paragraphs (a) and (b).
0
b. In the authority citation, removing ``2 CFR 200.203'' and adding in
its place ``2 CFR 200.206''.
The revisions read as follows:
Sec. 38.735 Additional factors for deciding applications.
(a) Applicant's history of performance. VA may consider the
applicant's record in managing Federal awards, if a prior recipient of
a Federal award, including timeliness of compliance with applicable
reporting requirements and conformance to the terms and conditions of
any previous Federal award.
(b) Applicant's financial stability. Applicants must meet and have
maintained standards of financial stability for participation in
Federal grant programs.
(Authority: 38 U.S.C. 501(d), 2400 note, and 2 CFR 200.206)
Sec. 38.740 [Amended]
0
7. Amend Sec. 38.740 by:
0
a. Removing ``NOFA'' each place it appears and adding in each place
``NOFO''.
0
b. In the authority citation, removing ``2 CFR 200.203'' and adding in
its place ``2 CFR 200.205''.
Sec. 38.745 [Amended]
0
8. Amend Sec. 38.745 by, in the authority citation, removing ``2 CFR
200.203'' and adding in its place ``2 CFR 200.211''.
Sec. 38.750 [Amended]
0
9. Amend Sec. 38.750 by, in the authority citation, removing ``2 CFR
200.203'' and adding in its place ``2 CFR 200.204''.
Sec. 38.755 [Amended]
0
10. Amend Sec. 38.755 by:
0
a. In the introductory text, removing ``grantee'' and adding in its
place ``recipient''.
0
b. In the authority citation, removing ``2 CFR 200.203'' and adding in
its place ``2 CFR 200.211''.
0
11. Amend Sec. 38.760 by:
0
a. Revising paragraph (a).
0
b. In paragraph (b), removing ``NOFA'' and adding in its place
``NOFO''.
0
c. In the authority citation, removing ``2 CFR 200.203'' and adding in
its place ``2 CFR 200.305''.
The revision reads as follows:
Sec. 38.760 Payments under the grant.
(a) Recipients are to be paid in accordance with 2 CFR 200.305.
* * * * *
0
12. Amend Sec. 38.765 by:
[[Page 65575]]
0
a. Revising the section heading and paragraph (a).
0
b. In the authority citation, removing ``2 CFR 200.203'' and adding in
its place ``2 CFR 200.344''.
Sec. 38.765 Recipient reporting requirements.
(a) Final report. The recipient must submit to VA, no later than
120 calendar days after the end date of the period of performance, all
financial, performance, and other reports as required by the terms and
conditions of the Federal award.
* * * * *
0
13. Amend Sec. 38.770 by:
0
a. Removing ``grantee'' each place it appears and adding in each place
``recipient''.
0
b. Revising the authority citation.
The revision reads as follows:
Sec. 38.770 Recovery of funds by VA.
* * * * *
(Authority: 38 U.S.C. 501(d), 2400 note, 2 CFR 200.339 and 200.410)
Sec. 38.775 [Amended]
0
14. Amend Sec. 38.775 by:
0
a. Removing ``grantee'' each place it appears and adding in each place
``recipient''.
0
b. In the authority citation, removing ``2 CFR 200.203'' and adding in
its place ``2 CFR 200.329''.
Sec. 38.780 [Amended]
0
15. Amend Sec. 38.780 by:
0
a. In paragraph (b), removing ``grantees'' and ``Grantees'' each place
they appear and adding in each place ``recipients'' and ``Recipients'',
respectively.
0
b. Removing ``2 CFR 200.400-200.475'' each place it appears and adding
in each place ``2 CFR 200.400-200.476''.
0
16. Revise Sec. 38.785 to read as follows:
Sec. 38.785 Record retention and access.
Recipients must ensure that records are maintained and accessible
in accordance with 2 CFR 200.334-200.338. Recipients must produce such
records at VA's request.
(Authority: 38 U.S.C. 501(d), 2400 note, and 2 CFR 200.334-200.338)
[FR Doc. 2024-17316 Filed 8-9-24; 8:45 am]
BILLING CODE 8320-01-P
