81_FR_19107 81 FR 19043 - Federal Awarding Agency Regulatory Implementation of Office of Management and Budget's Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; Correction and Technical Amendments

81 FR 19043 - Federal Awarding Agency Regulatory Implementation of Office of Management and Budget's Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; Correction and Technical Amendments

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Federal Register Volume 81, Issue 64 (April 4, 2016)

Page Range19043-19044
FR Document2016-07401

The Department of Health and Human Services published a document containing technical amendments in the Federal Register on January 20, 2016, revising the Uniform Administrative Requirements, Cost Principles and Audit Requirements for HHS Awards. That document inadvertently failed to update the following: A provision in Appendix II; an improper citation; a recent OMB change; and a grammatical error. This document makes correcting amendments to correct these sections.

Federal Register, Volume 81 Issue 64 (Monday, April 4, 2016)
[Federal Register Volume 81, Number 64 (Monday, April 4, 2016)]
[Rules and Regulations]
[Pages 19043-19044]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-07401]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

45 CFR Part 75

RIN 0991-ZA46


Federal Awarding Agency Regulatory Implementation of Office of 
Management and Budget's Uniform Administrative Requirements, Cost 
Principles, and Audit Requirements for Federal Awards; Correction and 
Technical Amendments

AGENCY: Department of Health and Human Services.

ACTION: Interim final rule; correction and technical amendments.

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

SUMMARY: The Department of Health and Human Services published a 
document containing technical amendments in the Federal Register on 
January 20, 2016, revising the Uniform Administrative Requirements, 
Cost Principles and Audit Requirements for HHS Awards. That document 
inadvertently failed to update the following: A provision in Appendix 
II; an improper citation; a recent OMB change; and a grammatical error. 
This document makes correcting amendments to correct these sections.

DATES: Effective on April 4, 2016.

FOR FURTHER INFORMATION CONTACT: Audrey E. Clarke, Ph.D., Division of 
Grants, Office of Grants and Acquisition Policy and Accountability, 
Office of the Assistant Secretary for Financial Resources, U.S. 
Department of Health and Human Services, email: [email protected].

SUPPLEMENTARY INFORMATION: HHS is correcting its regulations in line 
with FR Doc. 2014-28697, published on December 19, 2014 (79 FR 75871), 
entitled ``Federal Awarding Agency Regulatory Implementation of Office 
of Management and Budget's Uniform Administrative Requirements, Cost 
Principles, and Audit Requirements for Federal Awards'', the ``Guidance 
for Reporting and Use of Information Concerning Recipient Integrity and 
Performance'' to 2 CFR part 200, published on July 22, 2015 (80 FR 
43301), and ``Universal Identifier and System of Award Management; 
Corrections'', published on September 10, 2015 (80 FR 54407), made by 
the Office of Management and Budget (OMB). HHS adopts the correcting 
amendments made by OMB. HHS is also making amendments to address 
citation or grammatical inconsistencies, to amend incomplete statements 
in the regulation, and to update existing HHS regulations to 
incorporate 45 CFR part 75. The correcting amendments will go into 
effect at the time of publication.
    This is the second set of corrections. The first set of corrections 
was published in the Federal Register on January 20, 2016 (81 FR 3004). 
This document augments the corrections which were published in the 
Federal Register on January 20, 2016 (81 FR 3004). This document 
includes a corresponding change made by OMB to 2 CFR 200 on November 9, 
2015 (80 FR 69111) that was omitted from the first set of corrections. 
This document also removes instruction 197c on page 3018 in the Federal 
Register on January 20, 2016 (81 FR 3004), which as published attempted 
to amend the wrong appendix in 45 CFR part 75. Because that instruction 
cited the wrong appendix, that amendment could not be incorporated into 
the CFR.

 Correction

    In the Federal Register issue of January 20, 2016 (81 FR 3004), 
make the following correction:
    On page 3018, in the third column, remove amendatory instruction 
197c.

List of Subjects in 45 CFR Part 75

    Accounting, Auditing, Administrative practice and procedure, 
Colleges and universities, Cost principles, Grant programs, Grant 
programs-health, Grants administration, Hospitals, Indians, Nonprofit 
organizations, Reporting and recordkeeping requirements, and State and 
local governments.

    Accordingly, HHS makes the following technical amendments to 45 CFR 
part 75:

PART 75--UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND 
AUDIT REQUIREMENTS FOR HHS AWARDS

0
1. The authority citation for part 75 continues to read as follows:

    Authority:  5 U.S.C. 301.

[[Page 19044]]

Sec.  75.2  [Amended]

0
2. In Sec.  75.2:
0
a. In the definition of ``Federal Audit Clearinghouse (FAC)'', remove 
``(FAC)'' in the second and third sentences and add ``FAC'' in its 
place; and
0
b. In the introductory text of the definition of ``Federal financial 
assistance'', add the word ``means'' before the colon.


Sec.  75.205  [Amended]

0
3. Amend Sec.  75.205 paragraph (a)(2) by removing ``publicly available 
information in'' and adding, in its place ``non-public segment of''.

Appendix II to Part 75--[Amended]

0
4. Amend Appendix II to Part 75 Section C by adding '' ``Equal 
Employment Opportunity (30 FR 12319, 12935, 3 CFR 1964-1965 Comp., p. 
339)'' after ``Executive Order 11246,''; and adding ``amending 
Executive Order 11246 Relating to Equal Employment Opportunity,'' after 
``Executive Order 11375'':

    Dated: March 24, 2016.
Ellen Murray,
Assistant Secretary for Financial Resources, Department of Health and 
Human Services.
[FR Doc. 2016-07401 Filed 4-1-16; 8:45 am]
 BILLING CODE 4150-24-P



                                                                     Federal Register / Vol. 81, No. 64 / Monday, April 4, 2016 / Rules and Regulations                                          19043

                                                Instruction. An environmental analysis                  York Command Center). Those in the                    Reporting and Use of Information
                                                checklist supporting this determination                 safety zone must comply with all lawful               Concerning Recipient Integrity and
                                                and a Categorical Exclusion                             orders or directions given to them by the             Performance’’ to 2 CFR part 200,
                                                Determination will be available in the                  COTP or the COTP’s designated                         published on July 22, 2015 (80 FR
                                                docket where indicated under                            representative.                                       43301), and ‘‘Universal Identifier and
                                                ADDRESSES. We seek any comments or                        (d) Enforcement period. This section                System of Award Management;
                                                information that may lead to the                        will be enforced from March 17, 2016                  Corrections’’, published on September
                                                discovery of a significant environmental                through May 17, 2016, unless                          10, 2015 (80 FR 54407), made by the
                                                impact from this rule.                                  terminated sooner by the COTP.                        Office of Management and Budget
                                                                                                          Dated: March 17, 2016.                              (OMB). HHS adopts the correcting
                                                G. Protest Activities
                                                                                                        M.H. Day,                                             amendments made by OMB. HHS is also
                                                  The Coast Guard respects the First                                                                          making amendments to address citation
                                                                                                        Captain, U.S. Coast Guard, Captain of the
                                                Amendment rights of protesters.                         Port New York.                                        or grammatical inconsistencies, to
                                                Protesters are asked to contact the                                                                           amend incomplete statements in the
                                                                                                        [FR Doc. 2016–07657 Filed 4–1–16; 8:45 am]
                                                person listed in the FOR FURTHER                                                                              regulation, and to update existing HHS
                                                                                                        BILLING CODE 9110–04–P
                                                INFORMATION CONTACT section to                                                                                regulations to incorporate 45 CFR part
                                                coordinate protest activities so that your                                                                    75. The correcting amendments will go
                                                message can be received without                                                                               into effect at the time of publication.
                                                jeopardizing the safety or security of                  DEPARTMENT OF HEALTH AND
                                                                                                                                                                 This is the second set of corrections.
                                                people, places or vessels.                              HUMAN SERVICES
                                                                                                                                                              The first set of corrections was
                                                List of Subjects in 33 CFR Part 165                     45 CFR Part 75                                        published in the Federal Register on
                                                                                                                                                              January 20, 2016 (81 FR 3004). This
                                                  Harbors, Marine safety, Navigation                    RIN 0991–ZA46                                         document augments the corrections
                                                (water), Reporting and recordkeeping                                                                          which were published in the Federal
                                                requirements, Security measures,                        Federal Awarding Agency Regulatory
                                                                                                                                                              Register on January 20, 2016 (81 FR
                                                Waterways.                                              Implementation of Office of
                                                                                                                                                              3004). This document includes a
                                                  For the reasons discussed in the                      Management and Budget’s Uniform
                                                                                                                                                              corresponding change made by OMB to
                                                preamble, the Coast Guard amends 33                     Administrative Requirements, Cost
                                                                                                                                                              2 CFR 200 on November 9, 2015 (80 FR
                                                CFR part 165 as follows:                                Principles, and Audit Requirements for
                                                                                                                                                              69111) that was omitted from the first
                                                                                                        Federal Awards; Correction and
                                                                                                                                                              set of corrections. This document also
                                                PART 165–REGULATED NAVIGATION                           Technical Amendments
                                                                                                                                                              removes instruction 197c on page 3018
                                                AREAS AND LIMITED ACCESS AREAS
                                                                                                        AGENCY:  Department of Health and                     in the Federal Register on January 20,
                                                ■ 1. The authority citation for part 165                Human Services.                                       2016 (81 FR 3004), which as published
                                                continues to read as follows:                           ACTION: Interim final rule; correction                attempted to amend the wrong appendix
                                                                                                        and technical amendments.                             in 45 CFR part 75. Because that
                                                  Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                                                                                                                              instruction cited the wrong appendix,
                                                33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;               SUMMARY:    The Department of Health and
                                                Department of Homeland Security Delegation                                                                    that amendment could not be
                                                                                                        Human Services published a document                   incorporated into the CFR.
                                                No. 0170.1.
                                                                                                        containing technical amendments in the
                                                ■ 2. Add § 165.T01–0226 to read as                      Federal Register on January 20, 2016,                 Correction
                                                follows:                                                revising the Uniform Administrative                     In the Federal Register issue of
                                                                                                        Requirements, Cost Principles and                     January 20, 2016 (81 FR 3004), make the
                                                § 165.T01–0226 Safety Zone; Salvage of                  Audit Requirements for HHS Awards.
                                                TUG SPECIALIST, Hudson River, Tarrytown,                                                                      following correction:
                                                NY.
                                                                                                        That document inadvertently failed to                   On page 3018, in the third column,
                                                                                                        update the following: A provision in                  remove amendatory instruction 197c.
                                                  (a) Location. The following area is a
                                                                                                        Appendix II; an improper citation; a
                                                safety zone: All navigable waters within                                                                      List of Subjects in 45 CFR Part 75
                                                                                                        recent OMB change; and a grammatical
                                                100 yards of DECK BARGE WITTE 1406
                                                                                                        error. This document makes correcting                   Accounting, Auditing, Administrative
                                                while it is in the Hudson River.
                                                                                                        amendments to correct these sections.                 practice and procedure, Colleges and
                                                  (b) Definitions. As used in this
                                                section, designated representative                      DATES: Effective on April 4, 2016.                    universities, Cost principles, Grant
                                                means a Coast Guard Patrol                              FOR FURTHER INFORMATION CONTACT:                      programs, Grant programs-health,
                                                Commander, including a Coast Guard                      Audrey E. Clarke, Ph.D., Division of                  Grants administration, Hospitals,
                                                coxswain, petty officer, or other officer               Grants, Office of Grants and Acquisition              Indians, Nonprofit organizations,
                                                operating a Coast Guard vessel and a                    Policy and Accountability, Office of the              Reporting and recordkeeping
                                                Federal, State, and local officer                       Assistant Secretary for Financial                     requirements, and State and local
                                                designated by or assisting the Captain of               Resources, U.S. Department of Health                  governments.
                                                the Port New York (COTP) in the                         and Human Services, email:                              Accordingly, HHS makes the
                                                enforcement of the security zone.                       Audrey.Clarke@hhs.gov.                                following technical amendments to 45
                                                  (c) Regulations. (1) Under the general                SUPPLEMENTARY INFORMATION: HHS is                     CFR part 75:
                                                security zone regulations in subpart D of               correcting its regulations in line with FR
                                                this part, you may not enter the safety                 Doc. 2014–28697, published on                         PART 75—UNIFORM ADMINISTRATIVE
mstockstill on DSK4VPTVN1PROD with RULES




                                                zone described in paragraph (a) of this                 December 19, 2014 (79 FR 75871),                      REQUIREMENTS, COST PRINCIPLES,
                                                section unless authorized by the COTP                   entitled ‘‘Federal Awarding Agency                    AND AUDIT REQUIREMENTS FOR HHS
                                                or the COTP’s designated representative.                Regulatory Implementation of Office of                AWARDS
                                                  (2) To seek permission to enter,                      Management and Budget’s Uniform
                                                contact the COTP or the COTP’s                          Administrative Requirements, Cost                     ■ 1. The authority citation for part 75
                                                representative via VHF channel 16 or by                 Principles, and Audit Requirements for                continues to read as follows:
                                                phone at (718) 354–4353 (Sector New                     Federal Awards’’, the ‘‘Guidance for                      Authority: 5 U.S.C. 301.



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                                                19044                Federal Register / Vol. 81, No. 64 / Monday, April 4, 2016 / Rules and Regulations

                                                § 75.2   [Amended]                                      measures (i.e., requirement to move 15                rule for Framework 4 published in the
                                                ■ 2. In § 75.2:                                         nautical miles (27.78 km) or return to                Federal Register on August 27, 2015 (80
                                                ■ a. In the definition of ‘‘Federal Audit               port following a slippage event); and                 FR 52005), with a 30-day public
                                                Clearinghouse (FAC)’’, remove ‘‘(FAC)’’                 clarifications to existing slippage                   comment period that ended September
                                                in the second and third sentences and                   measures and definitions. NMFS                        28, 2015. NMFS received four comment
                                                add ‘‘FAC’’ in its place; and                           disapproved two measures in                           letters on the proposed rule.
                                                ■ b. In the introductory text of the
                                                                                                        Framework 4. These measures would                        NMFS implements approved
                                                definition of ‘‘Federal financial                       have required: Fish holds to be certified             measures in Framework 4 to the
                                                                                                        and observers to collect volumetric                   Atlantic Herring Fishery Management
                                                assistance’’, add the word ‘‘means’’
                                                                                                        catch estimates of total catch; and fish              Plan (Herring FMP) and minor
                                                before the colon.
                                                                                                        holds to be empty of fish before leaving              corrections to existing regulations in
                                                § 75.205   [Amended]                                    port, unless a waiver is issued by an                 this final rule. The Council developed
                                                                                                        authorized law enforcement officer.                   Framework 4 to build on catch
                                                ■  3. Amend § 75.205 paragraph (a)(2) by
                                                                                                        NMFS disapproved these measures                       monitoring improvements implemented
                                                removing ‘‘publicly available
                                                                                                        because it determined that they are                   in Amendment 5 to the Herring FMP (79
                                                information in’’ and adding, in its place
                                                                                                        inconsistent with the Magnuson-Stevens                FR 8786, February 13, 2014) by further
                                                ‘‘non-public segment of’’.
                                                                                                        Fishery Conservation and Management                   enhancing catch monitoring and
                                                Appendix II to Part 75—[Amended]                        Act, the Administrative Procedure Act,                addressing discarding in the herring
                                                                                                        and the Paperwork Reduction Act.                      fishery. The approved measures in
                                                ■ 4. Amend Appendix II to Part 75                       Therefore, those two measures are not                 Framework 4 clarify the slippage
                                                Section C by adding ’’ ‘‘Equal                          implemented in this action. Lastly,                   definition, require limited access
                                                Employment Opportunity (30 FR 12319,                    NMFS implements minor corrections to                  herring vessels to report slippage events
                                                12935, 3 CFR 1964–1965 Comp., p.                        regulations to clarify their intent and               on the daily vessel monitoring system
                                                339)’’ after ‘‘Executive Order 11246,’’;                ensure they are consistent with the                   (VMS) catch report, and establish
                                                and adding ‘‘amending Executive Order                   Atlantic Herring Fishery Management                   slippage consequences. Slippage
                                                11246 Relating to Equal Employment                      Plan.                                                 consequence measures require vessels
                                                Opportunity,’’ after ‘‘Executive Order                                                                        with All Areas (Category A) or Areas 2/
                                                11375’’:                                                DATES: Effective May 4, 2016.
                                                                                                                                                              3 (Category B) Limited Access Herring
                                                                                                        ADDRESSES: The New England Fishery
                                                  Dated: March 24, 2016.                                                                                      Permits to move 15 nautical miles
                                                                                                        Management Council (Council)
                                                Ellen Murray,                                                                                                 (27.78 km) following an allowable
                                                                                                        developed an environmental assessment
                                                Assistant Secretary for Financial Resources,                                                                  slippage event (i.e., slippage due to
                                                                                                        (EA) for this action that describes the
                                                Department of Health and Human Services.                                                                      safety, mechanical failure, or excess
                                                                                                        proposed action and other considered
                                                [FR Doc. 2016–07401 Filed 4–1–16; 8:45 am]                                                                    catch of spiny dogfish) and to terminate
                                                                                                        alternatives and provides a thorough
                                                                                                                                                              a fishing trip and return to port
                                                BILLING CODE 4150–24–P                                  analysis of the impacts of the proposed
                                                                                                                                                              following a non-allowable slippage
                                                                                                        measures and alternatives. Copies of the
                                                                                                                                                              event (i.e., slippage for any other
                                                                                                        framework, the EA, and the Regulatory
                                                                                                                                                              reason). NMFS also makes minor
                                                DEPARTMENT OF COMMERCE                                  Impact Review (RIR)/Initial Regulatory
                                                                                                                                                              corrections to new and existing
                                                                                                        Flexibility Analysis (IRFA), are
                                                National Oceanic and Atmospheric                                                                              regulations. These revisions, identified
                                                                                                        available upon request from Thomas A.
                                                Administration                                                                                                and described below, are necessary to
                                                                                                        Nies, Executive Director, New England
                                                                                                                                                              clarify current regulations or the intent
                                                                                                        Fishery Management Council, 50 Water
                                                50 CFR Part 648                                                                                               of the Herring FMP, and do not change
                                                                                                        Street, Newburyport, MA 01950. The
                                                                                                                                                              the intent of any regulations.
                                                [Docket No.: 150304214–6231–02]                         EA/RIR/IRFA is accessible via the                        NMFS disapproved two measures
                                                                                                        Internet at                                           recommended by the Council in
                                                RIN 0648–BE94                                           www.greateratlantic.fisheries.noaa.gov.               Framework 4. Those measures would
                                                                                                           Written comments regarding the                     have required: Herring vessel fish holds
                                                Fisheries of the Northeastern United                    burden-hour estimates or other aspects
                                                States; Atlantic Herring Fishery;                                                                             to be certified and observers to collect
                                                                                                        of the collection-of-information                      volumetric catch estimates on herring
                                                Framework Adjustment 4                                  requirements contained in this final rule             trips as a cross-check of vessel and
                                                AGENCY:  National Marine Fisheries                      may be submitted to NMFS, Greater                     dealer data; and herring vessel fish
                                                Service (NMFS), National Oceanic and                    Atlantic Regional Fisheries Office and                holds to be empty of fish before leaving
                                                Atmospheric Administration (NOAA),                      by email to OIRA_Submission@                          port, unless a waiver is issued by an
                                                Commerce.                                               omb.eop.gov, or fax to (202) 395–7285.                authorized law enforcement officer.
                                                                                                        FOR FURTHER INFORMATION CONTACT:                      During the development of Framework
                                                ACTION: Final rule.
                                                                                                        Carrie Nordeen, Fishery Policy Analyst,               4, NMFS expressed its concern with the
                                                SUMMARY:   NMFS implements approved                     phone 978–281–9272, fax 978–281–                      lack of support for these two measures
                                                measures in Framework 4 to the                          9135.                                                 in Framework 4. Specifically, NMFS
                                                Atlantic Herring Fishery Management                     SUPPLEMENTARY INFORMATION:                            commented that these measures are not
                                                Plan. The New England Fishery                                                                                 likely to improve catch monitoring, but
                                                Management Council developed                            Background                                            they would result in compliance and
                                                Framework 4 to further enhance catch                      The Council adopted Framework                       enforcement costs. Despite NMFS
mstockstill on DSK4VPTVN1PROD with RULES




                                                monitoring and address discarding in                    Adjustment 4 to the Atlantic Herring                  urging, the Council did not include
                                                the herring fishery. The approved                       Fishery Management Plan at its April                  sufficient support for these two
                                                measures include: A requirement that                    22, 2014, meeting. The Council                        measures in Framework 4. Framework 4
                                                vessels report slippage (i.e., catch                    submitted Framework 4 to NMFS for                     does not provide evidence of specific
                                                discarded prior to sampling by an                       review on July 18, 2014, and                          problems with catch monitoring or
                                                observer) via the vessel monitoring                     resubmitted it to NMFS on February 27,                discarding that need to be addressed,
                                                system; slippage consequences                           2015, and April 30, 2015. The proposed                nor does it demonstrate how these


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Document Created: 2016-04-02 03:54:14
Document Modified: 2016-04-02 03:54:14
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionInterim final rule; correction and technical amendments.
DatesEffective on April 4, 2016.
ContactAudrey E. Clarke, Ph.D., Division of Grants, Office of Grants and Acquisition Policy and Accountability, Office of the Assistant Secretary for Financial Resources, U.S. Department of Health and Human Services, email: [email protected]
FR Citation81 FR 19043 
RIN Number0991-ZA46
CFR AssociatedAccounting; Auditing; Administrative Practice and Procedure; Colleges and Universities; Cost Principles; Grant Programs; Grant Programs-Health; Grants Administration; Hospitals; Indians; Nonprofit Organizations; Reporting and Recordkeeping Requirements and State and Local Governments

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