80 FR 61087 - Governmentwide Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 196 (October 9, 2015)

Page Range		61087-61088
FR Document		2015-25833

The Environmental Protection Agency (EPA) has adopted as final, with changes, the interim final rule outlining uniform administrative requirements, cost principles, and audit requirements for federal awards.

Federal Register, Volume 80 Issue 196 (Friday, October 9, 2015)

[Federal Register Volume 80, Number 196 (Friday, October 9, 2015)]
[Rules and Regulations]
[Pages 61087-61088]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-25833]



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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. 
Prices of new books are listed in the first FEDERAL REGISTER issue of each 
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Federal Register / Vol. 80, No. 196 / Friday, October 9, 2015 / Rules 
and Regulations

[[Page 61087]]



ENVIRONMENTAL PROTECTION AGENCY

2 CFR Part 1500

40 CFR Parts 30, 31, 33, 35, 40, 45, 46, and 47

[FRL-9926-01-OARM]
RIN 2030-AA99


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) has adopted as 
final, with changes, the interim final rule outlining uniform 
administrative requirements, cost principles, and audit requirements 
for federal awards.

DATES: This final rule is effective on October 9, 2015.

FOR FURTHER INFORMATION CONTACT: Alexandra Raver, National Policy 
Training and Compliance Division in the Office of Grants and Debarment 
(3903R), Environmental Protection Agency, 1200 Pennsylvania Avenue NW., 
Washington, DC 20460; telephone number: 202-564-5296; fax number: 202-
565-2470; email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

Affected Entities

    Entities affected by this action are those that apply for and/or 
receive Federal financial assistance (grants, cooperative agreements or 
fellowships) from EPA including but not limited to: State and local 
governments, Indian tribes, intertribal consortia, institutions of 
higher education, hospitals, and other non-profit organizations, and 
individuals.

II. Background

    This final rule implements for the Environmental Protection Agency 
the final guidance Uniform Administrative Requirements, Cost 
Principles, and Audit Requirements for Federal Awards published by the 
Office of Management and Budget (OMB) on December 26, 2013 in 2 CFR 
part 200 (Uniform Guidance--available at 78 FR 78589) and amended in 
the joint interim final rule published on December 19, 2014 (Interim 
Final Rule--available at 79 FR 75867). The Uniform Guidance followed on 
a notice of proposed guidance issued February 1, 2013 (available at 78 
FR 7282), and an advanced notice of proposed guidance issued February 
28, 2012 (available at 77 FR 11778).
    The final guidance incorporated feedback received from the public 
in response to those earlier issuances. Additional supporting resources 
are available from the Council on Financial Assistance Reform at 
www.cfo.gov/COFAR.
    The Uniform Guidance delivered on two presidential directives; 
Executive Order 13520 on Reducing Improper Payments (74 FR 62201; 
November 15, 2009), and February 28, 2011 Presidential Memorandum on 
Administrative Flexibility, Lower Costs, and Better Results for State, 
Local, and Tribal Governments, (Daily Comp. Pres. Docs.; http://www.thefederalregister.org/fdsys/pkg/DCPD-201100123/pdf/DCPD-201100123.pdf). It 
reflected more than two years of work by the Council on Financial 
Assistance Reform to improve the efficiency and effectiveness of 
Federal financial assistance. For a detailed discussion of the reform 
and its impacts, please see the Federal Register notice for the 
issuance of the final guidance (78 FR 78589).
    EPA's final rule incorporates minor changes to address a 
typographical error identifying the standard for quality management 
systems for environmental information and technology programs and to 
add 5 U.S.C. 301 to the authority citations in the regulation text.

    Authority: 5 U.S.C. 301, 42 U.S.C. 241, 242b, 243, 246, 1857 et 
seq., 33 U.S.C. 1251 et seq., 42 U.S.C. 7401 et seq., 42 U.S.C. 6901 
et seq., 42 U.S.C. 300f et seq., 7 U.S.C. 136 et seq., 15 U.S.C. 
2601 et seq., 42 U.S.C. 9601 et seq., 20 U.S.C. 4011 et seq., and 33 
U.S.C. 1401 et seq.; 2 CFR 200.

III. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was 
therefore not submitted to the Office of Management and Budget (OMB) 
for review.

B. Paperwork Reduction Act

    This action does not impose any new information collection burden 
under the PRA. OMB has previously approved the information collection 
activities contained in the existing regulations and has assigned OMB 
control number 2030-0020. The OMB control numbers for EPA's regulations 
in 40 CFR are listed in 40 CFR part 9.

C. Regulatory Flexibility Act

    This action is not subject to the RFA. The RFA applies only to 
rules subject to notice and comment rulemaking requirements under the 
Administrative Procedure Act (APA), 5 U.S.C. 553, or any other statute. 
This rule is not subject to notice and comment requirements under the 
APA or any other statute because this rule pertains to grants, which 
the APA expressly exempts from notice and comment rulemaking 
requirements. 5 U.S.C. 553(a)(2).

D. Unfunded Mandates Reform Act

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. UMRA does not apply to this action because it 
requires compliance with accounting and auditing procedures for grants, 
other money or property provided by the federal government.

E. Executive Order 13132 (Federalism)

    This action does not have federalism implications. It will 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.

F. Executive Order 13175

    This action does not have tribal implications as specified in 
Executive

[[Page 61088]]

Order 13175. This action affects all applicants and recipients of EPA 
financial federal assistance and therefore no one entity type will be 
impacted disproportionally. Thus, Executive Order 13175 does not apply 
to this action. Although Executive Order 13175 does not apply to this 
action, EPA has made a conscious effort to engage tribal entities on 
changes to federal financial assistance requirements. EPA published 
materials summarizing these changes which can be found at http://www.epa.gov/ogd/grants/regulations.htm. EPA intends to host 
informational sessions tailored to tribal entities.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. This action is not subject to 
Executive Order 13045 because it does not concern an environmental 
health risk or safety risk.

H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to Executive Order 13211, because it is 
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    This action does not involve technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    The EPA believes that it is not feasible to determine whether the 
human health or environmental risk addressed by this action will have 
potential disproportionately high and adverse effects on minority, low-
income or indigenous populations.

K. Congressional Review Act

    This action is subject to the CRA, and the EPA will submit a rule 
report to each House of the Congress and to the Comptroller General of 
the United States. This action is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

List of Subjects

2 CFR Part 1500

    Environmental protection, Accounting, Administrative practice and 
procedure, Colleges and universities, Grant programs, Hospitals, 
Indians, Intergovernmental relations, Loan programs, Nonprofit 
organizations, Reporting and recordkeeping requirements.

40 CFR Part 30

    Environmental protection, Accounting, Colleges and universities, 
Grant programs, Hospitals, Nonprofit organizations, Reporting and 
recordkeeping requirements.

40 CFR Part 31

    Environmental protection, Accounting, Administrative practice and 
procedure, Grant programs, Indians, Intergovernmental relations, Loan 
programs, Reporting and recordkeeping requirements.

40 CFR Part 33

    Environmental protection, Grant programs, Minority businesses, 
Reporting and recordkeeping requirements.

40 CFR Part 35

    Environmental protection, Air pollution control, Coastal zone, 
Grant programs, Hazardous waste, Indians, Intergovernmental relations, 
Pesticides and pests, Reporting and recordkeeping requirements, 
Technical assistance, Waste treatment and disposal, Water pollution 
control, Water supply.

40 CFR Part 40

    Environmental protection, Grant programs, Reporting and 
recordkeeping requirements.

40 CFR Part 45

    Environmental protection, Education, Grant programs, Reporting and 
recordkeeping requirements.

40 CFR Part 46

    Environmental protection, Education, Grant programs, Reporting and 
recordkeeping requirements, Scholarships and fellowships.

40 CFR Part 47

    Environmental protection, Education, Grant programs, Reporting and 
recordkeeping requirements.

    Dated: September 30, 2015.
Gina McCarthy,
Administrator.
    Accordingly, the interim rule amending 2 CFR part 1500 and 40 CFR 
parts 30, 31, 33, 35, 40, 45, 46, and 47 which was published in the 
Federal Register at 79 FR 75867 on December 19, 2014, is adopted as 
final with the following changes:

Title 2--Grants and Agreements

CHAPTER XV--ENVIRONMENTAL PROTECTION AGENCY

PART 1500--UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, 
AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS

0
1. The authority citation for part 1500 is revised to read as follows:

    Authority:  5 U.S.C. 301, 42 U.S.C. 241, 242b, 243, 246, 1857 et 
seq., 33 U.S.C. 1251 et seq., 42 U.S.C. 7401 et seq., 42 U.S.C. 6901 
et seq., 42 U.S.C. 300f et seq., 7 U.S.C. 136 et seq., 15 U.S.C. 
2601 et seq., 42 U.S.C. 9601 et seq., 20 U.S.C. 4011 et seq., and 33 
U.S.C. 1401 et seq.; 2 CFR part 200.

Subpart D--Post Federal Award Requirements


Sec.  1500.11  [Amended]

0
2. In Sec.  1500.11, paragraphs (c) and (f)(1)(i) are amended by 
removing ``ANSI/ASQ'' and adding ``ASQ/ANSI'' in its place.

[FR Doc. 2015-25833 Filed 10-8-15; 8:45 am]
 BILLING CODE 6560-50-P

61087

Rules and Regulations Federal Register
Vol. 80, No. 196

Friday, October 9, 2015

This section of the FEDERAL REGISTER non-profit organizations, and III. Statutory and Executive Order
contains regulatory documents having general individuals. Reviews
applicability and legal effect, most of which
are keyed to and codified in the Code of II. Background A. Executive Order 12866: Regulatory
Federal Regulations, which is published under This final rule implements for the Planning and Review and Executive
50 titles pursuant to 44 U.S.C. 1510. Environmental Protection Agency the Order 13563: Improving Regulation and
final guidance Uniform Administrative Regulatory Review
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of Requirements, Cost Principles, and This action is not a significant
new books are listed in the first FEDERAL Audit Requirements for Federal Awards regulatory action and was therefore not
REGISTER issue of each week. published by the Office of Management submitted to the Office of Management
and Budget (OMB) on December 26, and Budget (OMB) for review.
2013 in 2 CFR part 200 (Uniform
Guidance—available at 78 FR 78589) B. Paperwork Reduction Act
ENVIRONMENTAL PROTECTION
AGENCY and amended in the joint interim final This action does not impose any new
rule published on December 19, 2014 information collection burden under the
2 CFR Part 1500 (Interim Final Rule—available at 79 FR PRA. OMB has previously approved the
75867). The Uniform Guidance followed information collection activities
40 CFR Parts 30, 31, 33, 35, 40, 45, 46, on a notice of proposed guidance issued contained in the existing regulations
and 47 February 1, 2013 (available at 78 FR and has assigned OMB control number
7282), and an advanced notice of 2030–0020. The OMB control numbers
[FRL–9926–01–OARM]
proposed guidance issued February 28, for EPA’s regulations in 40 CFR are
RIN 2030–AA99 2012 (available at 77 FR 11778). listed in 40 CFR part 9.
The final guidance incorporated
Governmentwide Uniform feedback received from the public in C. Regulatory Flexibility Act
Administrative Requirements, Cost response to those earlier issuances. This action is not subject to the RFA.
Principles, and Audit Requirements for Additional supporting resources are The RFA applies only to rules subject to
Federal Awards available from the Council on Financial notice and comment rulemaking
Assistance Reform at www.cfo.gov/ requirements under the Administrative
AGENCY: Environmental Protection Procedure Act (APA), 5 U.S.C. 553, or
COFAR.
Agency (EPA). The Uniform Guidance delivered on any other statute. This rule is not
ACTION: Final rule. two presidential directives; Executive subject to notice and comment
Order 13520 on Reducing Improper requirements under the APA or any
SUMMARY: The Environmental Protection
Payments (74 FR 62201; November 15, other statute because this rule pertains
Agency (EPA) has adopted as final, with
2009), and February 28, 2011 to grants, which the APA expressly
changes, the interim final rule outlining
Presidential Memorandum on exempts from notice and comment
uniform administrative requirements,
Administrative Flexibility, Lower Costs, rulemaking requirements. 5 U.S.C.
cost principles, and audit requirements
and Better Results for State, Local, and 553(a)(2).
for federal awards.
Tribal Governments, (Daily Comp. Pres.
DATES: This final rule is effective on D. Unfunded Mandates Reform Act
Docs.; http://www.gpo.gov/fdsys/pkg/
October 9, 2015. DCPD-201100123/pdf/DCPD- This action does not contain any
FOR FURTHER INFORMATION CONTACT: 201100123.pdf). It reflected more than unfunded mandate as described in
Alexandra Raver, National Policy two years of work by the Council on UMRA, 2 U.S.C. 1531–1538, and does
Training and Compliance Division in Financial Assistance Reform to improve not significantly or uniquely affect small
the Office of Grants and Debarment the efficiency and effectiveness of governments. UMRA does not apply to
(3903R), Environmental Protection Federal financial assistance. For a this action because it requires
Agency, 1200 Pennsylvania Avenue detailed discussion of the reform and its compliance with accounting and
NW., Washington, DC 20460; telephone impacts, please see the Federal Register auditing procedures for grants, other
number: 202–564–5296; fax number: notice for the issuance of the final money or property provided by the
202–565–2470; email address: guidance (78 FR 78589). federal government.
raver.alexandra@epa.gov. EPA’s final rule incorporates minor E. Executive Order 13132 (Federalism)
SUPPLEMENTARY INFORMATION: changes to address a typographical error
identifying the standard for quality This action does not have federalism
I. General Information management systems for environmental implications. It will not have substantial
Affected Entities information and technology programs direct effects on the States, on the
and to add 5 U.S.C. 301 to the authority relationship between the national
Entities affected by this action are citations in the regulation text. government and the States, or on the
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those that apply for and/or receive distribution of power and
Federal financial assistance (grants, Authority: 5 U.S.C. 301, 42 U.S.C. 241,
242b, 243, 246, 1857 et seq., 33 U.S.C. 1251
responsibilities among the various
cooperative agreements or fellowships) levels of government.
et seq., 42 U.S.C. 7401 et seq., 42 U.S.C. 6901
from EPA including but not limited to: et seq., 42 U.S.C. 300f et seq., 7 U.S.C. 136
State and local governments, Indian F. Executive Order 13175
et seq., 15 U.S.C. 2601 et seq., 42 U.S.C. 9601
tribes, intertribal consortia, institutions et seq., 20 U.S.C. 4011 et seq., and 33 U.S.C. This action does not have tribal
of higher education, hospitals, and other 1401 et seq.; 2 CFR 200. implications as specified in Executive

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61088 Federal Register / Vol. 80, No. 196 / Friday, October 9, 2015 / Rules and Regulations

Order 13175. This action affects all List of Subjects which was published in the Federal
applicants and recipients of EPA Register at 79 FR 75867 on December
2 CFR Part 1500
financial federal assistance and 19, 2014, is adopted as final with the
therefore no one entity type will be Environmental protection, following changes:
impacted disproportionally. Thus, Accounting, Administrative practice
and procedure, Colleges and Title 2—Grants and Agreements
Executive Order 13175 does not apply
to this action. Although Executive Order universities, Grant programs, Hospitals, CHAPTER XV—ENVIRONMENTAL
13175 does not apply to this action, EPA Indians, Intergovernmental relations, PROTECTION AGENCY
has made a conscious effort to engage Loan programs, Nonprofit organizations,
tribal entities on changes to federal Reporting and recordkeeping PART 1500—UNIFORM
financial assistance requirements. EPA requirements. ADMINISTRATIVE REQUIREMENTS,
published materials summarizing these COST PRINCIPLES, AND AUDIT
40 CFR Part 30 REQUIREMENTS FOR FEDERAL
changes which can be found at http://
www.epa.gov/ogd/grants/ Environmental protection, AWARDS
regulations.htm. EPA intends to host Accounting, Colleges and universities,
Grant programs, Hospitals, Nonprofit ■ 1. The authority citation for part 1500
informational sessions tailored to tribal is revised to read as follows:
entities. organizations, Reporting and
recordkeeping requirements. Authority: 5 U.S.C. 301, 42 U.S.C. 241,
G. Executive Order 13045: Protection of 242b, 243, 246, 1857 et seq., 33 U.S.C. 1251
Children From Environmental Health 40 CFR Part 31 et seq., 42 U.S.C. 7401 et seq., 42 U.S.C. 6901
Risks and Safety Risks Environmental protection, et seq., 42 U.S.C. 300f et seq., 7 U.S.C. 136
Accounting, Administrative practice et seq., 15 U.S.C. 2601 et seq., 42 U.S.C. 9601
The EPA interprets Executive Order and procedure, Grant programs, Indians, et seq., 20 U.S.C. 4011 et seq., and 33 U.S.C.
13045 as applying only to those 1401 et seq.; 2 CFR part 200.
Intergovernmental relations, Loan
regulatory actions that concern programs, Reporting and recordkeeping
environmental health or safety risks that Subpart D—Post Federal Award
requirements. Requirements
the EPA has reason to believe may
disproportionately affect children, per 40 CFR Part 33
§ 1500.11 [Amended]
the definition of ‘‘covered regulatory Environmental protection, Grant
action’’ in section 2–202 of the ■ 2. In § 1500.11, paragraphs (c) and
programs, Minority businesses,
Executive Order. This action is not (f)(1)(i) are amended by removing
Reporting and recordkeeping
subject to Executive Order 13045 ‘‘ANSI/ASQ’’ and adding ‘‘ASQ/ANSI’’
requirements.
because it does not concern an in its place.
environmental health risk or safety risk. 40 CFR Part 35 [FR Doc. 2015–25833 Filed 10–8–15; 8:45 am]
Environmental protection, Air BILLING CODE 6560–50–P
H. Executive Order 13211: Actions
pollution control, Coastal zone, Grant
Concerning Regulations That
programs, Hazardous waste, Indians,
Significantly Affect Energy Supply,
Intergovernmental relations, Pesticides DEPARTMENT OF TRANSPORTATION
Distribution, or Use
and pests, Reporting and recordkeeping
This action is not subject to Executive requirements, Technical assistance, Federal Aviation Administration
Order 13211, because it is not a Waste treatment and disposal, Water
significant regulatory action under pollution control, Water supply. 14 CFR Part 39
Executive Order 12866. 40 CFR Part 40 [Docket No. FAA–2015–0677; Directorate
Identifier 2013–NM–244–AD; Amendment
I. National Technology Transfer and Environmental protection, Grant 39–18289; AD 2015–20–10]
Advancement Act programs, Reporting and recordkeeping
requirements. RIN 2120–AA64
This action does not involve technical
standards. 40 CFR Part 45 Airworthiness Directives; Gulfstream
Environmental protection, Education, Aerospace Corporation Airplanes
J. Executive Order 12898: Federal
Actions To Address Environmental Grant programs, Reporting and AGENCY: Federal Aviation
Justice in Minority Populations and recordkeeping requirements. Administration (FAA), DOT.
Low-Income Populations 40 CFR Part 46 ACTION: Final rule.
The EPA believes that it is not feasible Environmental protection, Education, SUMMARY: We are adopting a new
to determine whether the human health Grant programs, Reporting and airworthiness directive (AD) for all
or environmental risk addressed by this recordkeeping requirements, Gulfstream Aerospace Corporation
action will have potential Scholarships and fellowships. Model GVI airplanes. This AD was
disproportionately high and adverse 40 CFR Part 47 prompted by reports of corrosion on in-
effects on minority, low-income or service air non-return valves. This AD
indigenous populations. Environmental protection, Education,
Grant programs, Reporting and requires a revision to the Emergency
K. Congressional Review Act recordkeeping requirements. Procedures section of the airplane flight
manual (AFM). This AD also requires a
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This action is subject to the CRA, and Dated: September 30, 2015. revision to the maintenance or
the EPA will submit a rule report to Gina McCarthy, inspection program, as applicable, to
each House of the Congress and to the Administrator. incorporate airworthiness limitations for
Comptroller General of the United Accordingly, the interim rule the high pressure (HP) Stage 5 air non-
States. This action is not a ‘‘major rule’’ amending 2 CFR part 1500 and 40 CFR return valves. We are issuing this AD to
as defined by 5 U.S.C. 804(2). parts 30, 31, 33, 35, 40, 45, 46, and 47 ensure the flightcrew is provided with

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Document Created: 2015-12-15 08:33:56
Document Modified: 2015-12-15 08:33:56

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		This final rule is effective on October 9, 2015.
Contact		Alexandra Raver, National Policy Training and Compliance Division in the Office of Grants and Debarment (3903R), Environmental Protection Agency, 1200 Pennsylvania Avenue NW., Washington, DC 20460; telephone number: 202-564-5296; fax number: 202-
FR Citation		80 FR 61087
RIN Number		2030-AA99
CFR Citation		2 CFR 1500 40 CFR 30 40 CFR 31 40 CFR 33 40 CFR 35 40 CFR 40 40 CFR 45 40 CFR 46 40 CFR 47
CFR Associated		Environmental Protection; Accounting; Administrative Practice and Procedure; Colleges and Universities; Grant Programs; Hospitals; Indians; Intergovernmental Relations; Loan Programs; Nonprofit Organizations; Reporting and Recordkeeping Requirements; Minority Businesses; Air Pollution Control; Coastal Zone; Hazardous Waste; Pesticides and Pests; Technical Assistance; Waste Treatment and Disposal; Water Pollution Control; Water Supply; Education and Scholarships and Fellowships