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)

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, 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
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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.

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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