81_FR_24816 81 FR 24735 - Federal Regulation Supplement: Revisions to Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards (NASA Case 2015-N030)

81 FR 24735 - Federal Regulation Supplement: Revisions to Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards (NASA Case 2015-N030)

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Federal Register Volume 81, Issue 81 (April 27, 2016)

Page Range24735-24737
FR Document2016-09625

NASA is proposing to amend the NASA regulation, titled Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards to modify the requirements related to information contained in a Federal award for commercial firms with no cost sharing requirement and to add new or modify existing terms and conditions related to indirect cost charges and access to research results.

Federal Register, Volume 81 Issue 81 (Wednesday, April 27, 2016) 
[Federal Register Volume 81, Number 81 (Wednesday, April 27, 2016)]
[Proposed Rules]
[Pages 24735-24737]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-09625]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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


Federal Register / Vol. 81, No. 81 / Wednesday, April 27, 2016 / 
Proposed Rules

[[Page 24735]]



NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

2 CFR Part 1800

RIN 2700-AE29


Federal Regulation Supplement: Revisions to Uniform 
Administrative Requirements, Cost Principles and Audit Requirements for 
Federal Awards (NASA Case 2015-N030)

AGENCY: National Aeronautics and Space Administration.

ACTION: Proposed rule.

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

SUMMARY: NASA is proposing to amend the NASA regulation, titled Uniform 
Administrative Requirements, Cost Principles and Audit Requirements for 
Federal Awards to modify the requirements related to information 
contained in a Federal award for commercial firms with no cost sharing 
requirement and to add new or modify existing terms and conditions 
related to indirect cost charges and access to research results.

DATES: Comments on the proposed rule should be submitted in writing to 
the address shown below on or before June 27, 2016, to be considered in 
the formation of a final rule.

ADDRESSES: Submit comments identified by NASA Case 2015-N030, using any 
of the following methods:
    [cir] Regulations.gov: http://www.regulations.gov. Submit comments 
via the Federal eRulemaking portal by entering ``NASA Case 2015-N030'' 
under the heading ``Enter keyword or ID'' and selecting ``Search.'' 
Select the link ``Submit a Comment'' that corresponds with ``NASA Case 
2015-N030.'' Follow the instructions provided at the ``Submit a 
Comment'' screen. Please include your name, company name (if any), and 
``NASA Case 2015-N030'' on your attached document.
    [cir] Email: [email protected]. Include NASA Case 2015-
N030 in the subject line of the message.
    [cir] Fax: (202) 358-3082.
    [cir] Mail: National Aeronautics and Space Administration, 
Headquarters, Office of Procurement, Contract and Grant Policy 
Division, Attn: Ms. Jennifer Richards, Room 5M34, 300 E Street SW., 
Washington, DC 20546-0001.

FOR FURTHER INFORMATION CONTACT: Ms. Jennifer Richards, NASA HQ, Office 
of Procurement, Contract and Grant Policy Division, Room 5M34, 300 E 
Street SW., Washington, DC 20456-0001. Telephone 202-358-0047; 
facsimile 202-358-3082.

SUPPLEMENTARY INFORMATION:

I. Background

    NASA is proposing the following changes to NASA regulation Uniform 
Administrative Requirements, Cost Principles and Audit Requirements for 
Federal Awards (2 CFR part 1800):
    1. Modify the requirement related to information contained in a 
Federal award for commercial firms with no cost sharing requirement. 
NASA requirements for information contained in a Federal award can be 
found at 2 CFR 1800.210, which adopts and supplements 2 CFR 200.210. 
Title 2 CFR 200.210 includes a list of data elements that must be 
included in a Federal award, including indirect cost rate for the 
Federal award (including if the de minimis rate is charged per Sec.  
200.414 Indirect (F&A) costs). Although 2 CFR part 200 does not apply 
to commercial firms, NASA, in its adoption of the regulation at 2 CFR 
1800.3, Applicability, added commercial firms with no cost sharing 
requirement to the list of applicable entities. Therefore, the 
requirement to include an indirect cost rate on a notice of Federal 
award is applicable to commercial firms with no cost sharing 
requirement.
    2. Add a new term and condition to address those instances when a 
recipient has a change in its negotiated indirect cost rate agreement 
during the period of performance of an award. See 2 CFR 200.56, 200.57, 
and 200.414 for more information on indirect (facilities & 
administrative) costs. NASA has discovered that, on occasion, when a 
recipient's indirect cost rate has changed as a result of a new 
negotiated indirect cost rate agreement, the change in rate has not 
always been captured when indirect costs have been charged to NASA. As 
a result, some recipients have either overcharged or undercharged NASA 
for indirect costs.
    3. Modify an existing term and condition and add a new term and 
condition to ensure recipients meet requirements associated with, 
``NASA Plan: Increasing Access to the Results of Scientific Research'' 
(see http://science.nasa.gov/media/medialibrary/2015/07/08/NASA_Plan_for_increasing_access_to_results_of_federally_funded_research1.pdf). This plan was issued in response to the Executive Office of the 
President's, Office of Science and Technology Policy (OSTP) Memorandum 
for the Heads of Executive Departments and Agencies, dated February 22, 
2013, ``Increasing Access to the Results of Federally Funded Scientific 
Research.'' Through this memorandum, OSTP directed all agencies with 
more than $100 million in annual research and development expenditures 
to prepare a plan for improving the public's access to the results of 
federally funded research. Part A of NASA's plan focuses on digital 
unclassified scientific research data, which are research data that can 
be stored digitally and accessed electronically.
    To facilitate increased access to such data, NASA has updated its 
research data policy to require all investigators submitting a research 
proposal or research project plan to NASA to include a Data Management 
Plan for managing and providing access to final research data or to 
state why their data cannot or need not be made publicly available. 
Part B of the plan focuses on the public access to peer-reviewed 
scientific research manuscripts. The scope of applicability of this 
part includes all final peer-reviewed scientific research manuscripts 
authored or coauthored by investigators funded for this research by 
NASA-appropriated funds.

II. Analysis

    After consideration of feedback from commercial firms expressing 
concern that indirect cost rates are sensitive financial information 
which should not be available on documents that could potentially be 
released to the public, NASA has determined that excluding indirect 
cost rates from notices of Federal award to commercial firms with no 
cost sharing requirement is a prudent business decision that protects 
sensitive financial information.

[[Page 24736]]

    In order to ensure that the permitted amount of indirect costs is 
being charged to an award, NASA is proposing a new term and condition 
requiring recipients that have changes to their indirect cost rate 
agreement during the period of performance of an award to apply the 
approved rate to covered direct costs expended during the time frame of 
the rate agreement, even if the agreement is not on file with NASA. 
This will prevent NASA from overpaying or underpaying for indirect 
charges and ensure recipients are receiving what they are legally 
allowed. To address the NASA plan requirements for awardees from non-
NASA organizations that publish scientific research or compile digital 
datasets resulting from research, development, and technology programs, 
NASA is proposing the following revisions:
     Modify an existing term and condition, 2 CFR 1800.902 
Technical Publications and Reports, to add a requirement for awardees 
with research and research-related awards to follow additional 
reporting requirements at 2 CFR 1800.930 Access to Research Results.
     Add a new term and condition requiring recipients to 
comply with their approved Data Management Plan submitted with their 
proposal, and as modified upon agreement by the recipient and NASA from 
time to time during the course of the period of performance. In 
addition, this new term and condition will ensure that any Final Peer-
Reviewed Manuscripts are submitted to the NASA-designated repository, 
currently the PubMed Central system at www.ncbi.nlm.nih.gov, within one 
year of peer-review or publication by a journal, whichever is earlier. 
Furthermore, it will ensure that any publisher's agreements entered 
into by an awardee will allow for the awardee to comply with these 
requirements including submission of Final Peer-Reviewed Manuscripts to 
the NASA-designated repository, currently the PubMed Central system, 
with sufficient rights to permit such repository to use such Final 
Peer-Reviewed Manuscript in its normal course, including rights to 
permit users to download XML and plain text formats. Finally, the 
grantee agrees to be responsible for, and defend NASA against, any 
royalties, fees, or other costs claimed against NASA or for which NASA 
may be held liable as a consequence of awardee failing to comply with 
the foregoing and include in annual and final reports a list of Final 
Peer-Reviewed Manuscripts covered by this term and condition.

III. Executive Orders 12866 and 13563

    Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess 
all costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). E.O. 
13563 emphasizes the importance of quantifying both costs and benefits, 
of reducing costs, of harmonizing rules, and of promoting flexibility. 
This is not a significant regulatory action and, therefore, was not 
subject to review under section 6(b) of E.O. 12866, Regulatory Planning 
and Review, dated September 30, 1993. This proposed rule is not a major 
rule under 5 U.S.C. 804.

IV. Paperwork Reduction Act

    This proposed rule contains information collection requirements 
that require the approval of the Office of Management and Budget under 
the Paperwork Reduction Act (44 U.S.C chapter 35; however, these 
changes to 2 CFR part 1800 do not impose additional information 
collection requirements to the paperwork burden previously approved 
under OMB Control Number 2700-0092, entitled Financial Assistant 
Awards/Grants and Cooperative Agreements.

List of Subjects in 2 CFR Part 1800

    Government financial assistance.

Manuel Quinones,
NASA Federal Register Liaison.

    Accordingly, 2 CFR part 1800 is proposed to be amended as follows:

PART 1800--UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, 
AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS

0
1. The authority citation for 2 CFR part 1800 continues to read as 
follows:

    Authority: 51 U.S.C. 20113(e), Pub. L. 97-258, 96 Stat. 1003 (31 
U.S.C. 6301 et seq.), and 2 CFR part 200.

0
2. Revise Sec.  1800.210 to read as follows:


Sec.  1800.210  Information contained in a Federal award.

    NASA waives the requirement for the inclusion of indirect cost 
rates on any notice of Federal award for commercial firms with no cost 
sharing requirement. The terms and conditions for NASA may be found at 
Appendix B of this Part and https://prod.nais.nasa.gov/pub/pub_library/srba.

0
3. Amend Appendix B to part 1800 by:
0
a. Under 1800.902 Technical Publications and Reports, adding paragraph 
(a)(4); and
0
b. Adding 1800.929 Indirect Costs and 1800.930 Access to Research 
Results.
    The additions read as follows:

Appendix B to Part 1800--Terms and Conditions

* * * * *

1800.902 Technical Publications and Reports

* * * * *
    (a) * * *
* * * * *
    (4) For research and research-related awards, see additional 
reporting requirements at 1800.930 Access to Research Results.
* * * * *

1800.929 Indirect Costs

    Prescription --The Grant Officer shall include this term and 
condition in all awards with indirect costs, excluding those awards 
using the 10% de minimis rate.

Indirect Costs

    If during the course of this award, the approved indirect cost 
rate is revised, changed or removed, that rate must be applied, as 
allowed, to the covered direct costs that are expended during the 
time frame of that rate agreement. Any corrections, either up or 
down, to the approved budget submitted with the awarded application 
must be reflected in the awardees' records of costs and should be 
audited as such.

(End of Term and Condition)

1800.930 Access to Research Results

    Prescription--The Grant Officer shall include this term and 
condition in all research and research-related awards.

Access to Research Results

    (a) This award is subject to the requirements of the, ``NASA 
Plan: Increasing Access to the Results of Scientific Research,'' 
which covers public access to digital scientific data and peer-
reviewed publications. For purposes of this term and condition, the 
following definitions apply:
    (1) Awardee: Any recipient of a NASA grant or cooperative 
agreement, its investigators, and subrecipient (subaward or contract 
as defined in 2 CFR part 200.92 and 200.22, respectively) at any 
level.
    (2) Final Peer-Reviewed Manuscript: The final text version of a 
peer-reviewed article disclosing the results of scientific research 
which is authored or co-authored by the Awardee or funded, in whole 
or in part, with funds from a NASA award, that includes all 
modifications from the publishing peer review process, and all 
graphics and supplemental material associated with the article.
    (b) The recipient shall:
    (1) Comply with their approved Data Management Plan submitted 
with its proposal, and as modified upon agreement by the recipient 
and NASA from time to time

[[Page 24737]]

during the course of the period of performance.
    (2) Ensure that any Final Peer-Reviewed Manuscript is submitted 
to the NASA-designated repository, currently the PubMed Central 
system at www.ncbi.nlm.nih.gov. Ensure that the Final Peer-Reviewed 
Manuscript is submitted to PubMed Central within one year of peer-
review or publication by a journal, whichever is earlier.
    (3) Ensure that any publisher's agreements entered into by an 
Awardee will allow for the Awardee to comply with these requirements 
including submission of Final Peer-Reviewed Manuscripts to the NASA-
designated repository, as listed in the above bullet, with 
sufficient rights to permit such repository to use such Final Peer-
Reviewed Manuscript in its normal course, including rights to permit 
users to download XML and plain text formats.
    (4) Agree to be responsible for, and defend NASA against, any 
royalties, fees, or other costs claimed against NASA or for which 
NASA may be held liable as a consequence of Awardee failing to 
comply with the foregoing. Include in annual and final reports a 
list of Final Peer-Reviewed Manuscripts covered by this term and 
condition.

(End of Term and Condition)

[FR Doc. 2016-09625 Filed 4-26-16; 8:45 am]
 BILLING CODE 7510-13-P

24735 Proposed Rules Federal Register Vol. 81, No. 81 Wednesday, April 27, 2016 This section of the FEDERAL REGISTER Æ Mail: National Aeronautics and 3. Modify an existing term and contains notices to the public of the proposed Space Administration, Headquarters, condition and add a new term and issuance of rules and regulations. The Office of Procurement, Contract and condition to ensure recipients meet purpose of these notices is to give interested Grant Policy Division, Attn: Ms. Jennifer requirements associated with, ‘‘NASA persons an opportunity to participate in the Richards, Room 5M34, 300 E Street SW., Plan: Increasing Access to the Results of rule making prior to the adoption of the final rules. Washington, DC 20546–0001. Scientific Research’’ (see http:// FOR FURTHER INFORMATION CONTACT: Ms. science.nasa.gov/media/medialibrary/ Jennifer Richards, NASA HQ, Office of 2015/07/08/NASA_Plan_for_increasing_ NATIONAL AERONAUTICS AND Procurement, Contract and Grant Policy access_to_results_of_federally_funded_ SPACE ADMINISTRATION Division, Room 5M34, 300 E Street SW., research1.pdf). This plan was issued in Washington, DC 20456–0001. response to the Executive Office of the 2 CFR Part 1800 Telephone 202–358–0047; facsimile President’s, Office of Science and RIN 2700–AE29 202–358–3082. Technology Policy (OSTP) SUPPLEMENTARY INFORMATION: Memorandum for the Heads of Federal Regulation Supplement: Executive Departments and Agencies, I. Background dated February 22, 2013, ‘‘Increasing Revisions to Uniform Administrative Requirements, Cost Principles and NASA is proposing the following Access to the Results of Federally Audit Requirements for Federal changes to NASA regulation Uniform Funded Scientific Research.’’ Through Awards (NASA Case 2015–N030) Administrative Requirements, Cost this memorandum, OSTP directed all Principles and Audit Requirements for agencies with more than $100 million in AGENCY: National Aeronautics and Federal Awards (2 CFR part 1800): annual research and development Space Administration. 1. Modify the requirement related to expenditures to prepare a plan for ACTION: Proposed rule. information contained in a Federal improving the public’s access to the award for commercial firms with no cost results of federally funded research. Part SUMMARY: NASA is proposing to amend sharing requirement. NASA A of NASA’s plan focuses on digital the NASA regulation, titled Uniform requirements for information contained unclassified scientific research data, Administrative Requirements, Cost in a Federal award can be found at 2 Principles and Audit Requirements for which are research data that can be CFR 1800.210, which adopts and stored digitally and accessed Federal Awards to modify the supplements 2 CFR 200.210. Title 2 CFR requirements related to information electronically. 200.210 includes a list of data elements contained in a Federal award for To facilitate increased access to such that must be included in a Federal commercial firms with no cost sharing data, NASA has updated its research award, including indirect cost rate for requirement and to add new or modify the Federal award (including if the de data policy to require all investigators existing terms and conditions related to minimis rate is charged per § 200.414 submitting a research proposal or indirect cost charges and access to Indirect (F&A) costs). Although 2 CFR research project plan to NASA to research results. part 200 does not apply to commercial include a Data Management Plan for DATES: Comments on the proposed rule firms, NASA, in its adoption of the managing and providing access to final should be submitted in writing to the regulation at 2 CFR 1800.3, research data or to state why their data address shown below on or before June Applicability, added commercial firms cannot or need not be made publicly 27, 2016, to be considered in the with no cost sharing requirement to the available. Part B of the plan focuses on formation of a final rule. list of applicable entities. Therefore, the the public access to peer-reviewed ADDRESSES: Submit comments requirement to include an indirect cost scientific research manuscripts. The identified by NASA Case 2015–N030, rate on a notice of Federal award is scope of applicability of this part using any of the following methods: applicable to commercial firms with no includes all final peer-reviewed Æ Regulations.gov: http:// cost sharing requirement. scientific research manuscripts authored www.regulations.gov. Submit comments 2. Add a new term and condition to or coauthored by investigators funded via the Federal eRulemaking portal by address those instances when a for this research by NASA-appropriated entering ‘‘NASA Case 2015–N030’’ recipient has a change in its negotiated funds. under the heading ‘‘Enter keyword or indirect cost rate agreement during the II. Analysis ID’’ and selecting ‘‘Search.’’ Select the period of performance of an award. See link ‘‘Submit a Comment’’ that 2 CFR 200.56, 200.57, and 200.414 for After consideration of feedback from corresponds with ‘‘NASA Case 2015– more information on indirect (facilities commercial firms expressing concern N030.’’ Follow the instructions & administrative) costs. NASA has that indirect cost rates are sensitive provided at the ‘‘Submit a Comment’’ discovered that, on occasion, when a financial information which should not jstallworth on DSK7TPTVN1PROD with PROPOSALS screen. Please include your name, recipient’s indirect cost rate has be available on documents that could company name (if any), and ‘‘NASA changed as a result of a new negotiated potentially be released to the public, Case 2015–N030’’ on your attached indirect cost rate agreement, the change NASA has determined that excluding document. in rate has not always been captured indirect cost rates from notices of Æ Email: jennifer.l.richards@nasa.gov. when indirect costs have been charged Federal award to commercial firms with Include NASA Case 2015–N030 in the to NASA. As a result, some recipients no cost sharing requirement is a prudent subject line of the message. have either overcharged or business decision that protects sensitive Æ Fax: (202) 358–3082. undercharged NASA for indirect costs. financial information. VerDate Sep<11>2014 15:15 Apr 26, 2016 Jkt 238001 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\27APP1.SGM 27APP1

24736 Federal Register / Vol. 81, No. 81 / Wednesday, April 27, 2016 / Proposed Rules In order to ensure that the permitted III. Executive Orders 12866 and 13563 ■ 3. Amend Appendix B to part 1800 by: amount of indirect costs is being Executive Orders (E.O.s) 12866 and ■ a. Under 1800.902 Technical charged to an award, NASA is 13563 direct agencies to assess all costs Publications and Reports, adding proposing a new term and condition and benefits of available regulatory paragraph (a)(4); and requiring recipients that have changes to ■ b. Adding 1800.929 Indirect Costs and alternatives and, if regulation is their indirect cost rate agreement during necessary, to select regulatory 1800.930 Access to Research Results. the period of performance of an award The additions read as follows: approaches that maximize net benefits to apply the approved rate to covered (including potential economic, Appendix B to Part 1800—Terms and direct costs expended during the time environmental, public health and safety Conditions frame of the rate agreement, even if the effects, distributive impacts, and agreement is not on file with NASA. * * * * * equity). E.O. 13563 emphasizes the This will prevent NASA from importance of quantifying both costs 1800.902 Technical Publications and overpaying or underpaying for indirect and benefits, of reducing costs, of Reports charges and ensure recipients are harmonizing rules, and of promoting * * * * * receiving what they are legally allowed. flexibility. This is not a significant (a) * * * To address the NASA plan requirements regulatory action and, therefore, was not * * * * * for awardees from non-NASA subject to review under section 6(b) of (4) For research and research-related organizations that publish scientific E.O. 12866, Regulatory Planning and awards, see additional reporting research or compile digital datasets Review, dated September 30, 1993. This requirements at 1800.930 Access to Research resulting from research, development, Results. proposed rule is not a major rule under and technology programs, NASA is 5 U.S.C. 804. * * * * * proposing the following revisions: 1800.929 Indirect Costs • Modify an existing term and IV. Paperwork Reduction Act Prescription —The Grant Officer shall condition, 2 CFR 1800.902 Technical This proposed rule contains include this term and condition in all awards Publications and Reports, to add a information collection requirements that with indirect costs, excluding those awards requirement for awardees with research require the approval of the Office of using the 10% de minimis rate. and research-related awards to follow Management and Budget under the Indirect Costs additional reporting requirements at 2 Paperwork Reduction Act (44 U.S.C CFR 1800.930 Access to Research chapter 35; however, these changes to 2 If during the course of this award, the CFR part 1800 do not impose additional approved indirect cost rate is revised, Results. changed or removed, that rate must be • Add a new term and condition information collection requirements to applied, as allowed, to the covered direct requiring recipients to comply with the paperwork burden previously costs that are expended during the time their approved Data Management Plan approved under OMB Control Number frame of that rate agreement. Any corrections, submitted with their proposal, and as 2700–0092, entitled Financial Assistant either up or down, to the approved budget modified upon agreement by the Awards/Grants and Cooperative submitted with the awarded application must recipient and NASA from time to time Agreements. be reflected in the awardees’ records of costs and should be audited as such. during the course of the period of List of Subjects in 2 CFR Part 1800 performance. In addition, this new term (End of Term and Condition) and condition will ensure that any Final Government financial assistance. 1800.930 Access to Research Results Peer-Reviewed Manuscripts are Manuel Quinones, Prescription—The Grant Officer shall submitted to the NASA-designated NASA Federal Register Liaison. include this term and condition in all repository, currently the PubMed research and research-related awards. Accordingly, 2 CFR part 1800 is Central system at Access to Research Results proposed to be amended as follows: www.ncbi.nlm.nih.gov, within one year of peer-review or publication by a (a) This award is subject to the PART 1800—UNIFORM requirements of the, ‘‘NASA Plan: Increasing journal, whichever is earlier. ADMINISTRATIVE REQUIREMENTS, Access to the Results of Scientific Research,’’ Furthermore, it will ensure that any COST PRINCIPLES, AND AUDIT which covers public access to digital publisher’s agreements entered into by REQUIREMENTS FOR FEDERAL scientific data and peer-reviewed an awardee will allow for the awardee AWARDS publications. For purposes of this term and to comply with these requirements condition, the following definitions apply: including submission of Final Peer- ■ 1. The authority citation for 2 CFR (1) Awardee: Any recipient of a NASA Reviewed Manuscripts to the NASA- part 1800 continues to read as follows: grant or cooperative agreement, its designated repository, currently the investigators, and subrecipient (subaward or Authority: 51 U.S.C. 20113(e), Pub. L. 97– contract as defined in 2 CFR part 200.92 and PubMed Central system, with sufficient 258, 96 Stat. 1003 (31 U.S.C. 6301 et seq.), 200.22, respectively) at any level. rights to permit such repository to use and 2 CFR part 200. (2) Final Peer-Reviewed Manuscript: The such Final Peer-Reviewed Manuscript ■ 2. Revise § 1800.210 to read as final text version of a peer-reviewed article in its normal course, including rights to follows: disclosing the results of scientific research permit users to download XML and which is authored or co-authored by the plain text formats. Finally, the grantee § 1800.210 Information contained in a Awardee or funded, in whole or in part, with agrees to be responsible for, and defend Federal award. funds from a NASA award, that includes all jstallworth on DSK7TPTVN1PROD with PROPOSALS NASA against, any royalties, fees, or NASA waives the requirement for the modifications from the publishing peer other costs claimed against NASA or for inclusion of indirect cost rates on any review process, and all graphics and supplemental material associated with the which NASA may be held liable as a notice of Federal award for commercial article. consequence of awardee failing to firms with no cost sharing requirement. (b) The recipient shall: comply with the foregoing and include The terms and conditions for NASA (1) Comply with their approved Data in annual and final reports a list of Final may be found at Appendix B of this Part Management Plan submitted with its Peer-Reviewed Manuscripts covered by and https://prod.nais.nasa.gov/pub/ proposal, and as modified upon agreement by this term and condition. pub_library/srba. the recipient and NASA from time to time VerDate Sep<11>2014 15:15 Apr 26, 2016 Jkt 238001 PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 E:\FR\FM\27APP1.SGM 27APP1

Federal Register / Vol. 81, No. 81 / Wednesday, April 27, 2016 / Proposed Rules 24737 during the course of the period of ADDRESSES: You may submit comments, Charlotte survey area in terms of the performance. identified by ‘‘RIN 3206–AN37,’’ using overall population and employment and (2) Ensure that any Final Peer-Reviewed any of the following methods: the kinds and sizes of private industrial Manuscript is submitted to the NASA- Federal eRulemaking Portal: http:// establishments criteria. designated repository, currently the PubMed Central system at www.ncbi.nlm.nih.gov. www.regulations.gov. Follow the Based on this analysis, we believe Ensure that the Final Peer-Reviewed instructions for submitting comments. Caldwell County is appropriately Manuscript is submitted to PubMed Central Mail: Brenda L. Roberts, Deputy defined to the Asheville wage area. within one year of peer-review or publication Associate Director for Pay and Leave, OPM regulations at 5 CFR 532.211 by a journal, whichever is earlier. Employee Services, U.S. Office of permit splitting MSAs only in very (3) Ensure that any publisher’s agreements Personnel Management, Room 7H31, unusual circumstances. There appear to entered into by an Awardee will allow for the 1900 E Street NW., Washington, DC be no unusual circumstances that would Awardee to comply with these requirements 20415–8200. permit splitting the Bloomsburg- including submission of Final Peer-Reviewed Email: pay-leave-policy@opm.gov. Berwick MSA. To comply with OPM Manuscripts to the NASA-designated repository, as listed in the above bullet, with FOR FURTHER INFORMATION CONTACT: regulations not to split MSAs, sufficient rights to permit such repository to Madeline Gonzalez, (202) 606–2858; Alexander and Catawba Counties would use such Final Peer-Reviewed Manuscript in email pay-leave-policy@opm.gov; or be redefined to the Asheville wage area. its normal course, including rights to permit FAX: (202) 606–4264. The remaining county in the Hickory- users to download XML and plain text SUPPLEMENTARY INFORMATION: OPM is Lenoir-Morganton MSA, Burke County, formats. issuing a proposed rule that would is already defined to the Asheville wage (4) Agree to be responsible for, and defend area. There are currently no FWS NASA against, any royalties, fees, or other redefine the geographic boundaries of the Asheville, NC, and Charlotte, NC, employees working in Alexander and costs claimed against NASA or for which Catawba Counties. NASA may be held liable as a consequence appropriated fund FWS wage areas. The of Awardee failing to comply with the proposed rule would redefine FPRAC, the national labor- foregoing. Include in annual and final reports Alexander and Catawba Counties, NC, management committee responsible for a list of Final Peer-Reviewed Manuscripts from the Charlotte wage area to the advising OPM on matters concerning covered by this term and condition. Asheville wage area. the pay of FWS employees, (End of Term and Condition) OPM considers the following recommended this change by [FR Doc. 2016–09625 Filed 4–26–16; 8:45 am] regulatory criteria under 5 CFR 532.211 consensus. This change would be when defining FWS wage area effective on the first day of the first BILLING CODE 7510–13–P boundaries: applicable pay period beginning on or (i) Distance, transportation facilities, after 30 days following publication of and geographic features; the final regulations. OFFICE OF PERSONNEL (ii) Commuting patterns; and Regulatory Flexibility Act MANAGEMENT (iii) Similarities in overall population, employment, and the kinds and sizes of I certify that these regulations would 5 CFR Part 532 private industrial establishments. not have a significant economic impact In addition, OPM regulations at 5 CFR on a substantial number of small entities RIN 3206–AN37 because they would affect only Federal 532.211 do not permit splitting Metropolitan Statistical Areas (MSAs) agencies and employees. Prevailing Rate Systems; Redefinition of the Asheville, NC, and Charlotte, NC, for the purpose of defining a wage area, List of Subjects in 5 CFR Part 532 Appropriated Fund Federal Wage except in very unusual circumstances. Administrative practice and System Wage Areas Alexander, Burke, Caldwell, and procedure, Freedom of information, Catawba Counties, NC, comprise the AGENCY: U.S. Office of Personnel Government employees, Reporting and Hickory-Lenoir-Morganton, NC, MSA. Management. recordkeeping requirements, Wages. The Hickory-Lenoir-Morganton MSA is ACTION: Proposed rule with request for split between the Asheville, NC, and U.S. Office of Personnel Management. comments. Charlotte, NC, wage areas. Burke and Beth F. Cobert, Caldwell Counties are part of the area of Acting Director. SUMMARY: The U.S. Office of Personnel application of the Asheville wage area Accordingly, the U.S. Office of Management (OPM) is issuing a and Alexander and Catawba Counties Personnel Management is proposing to proposed rule that would redefine the are part of the area of application of the amend 5 CFR part 532 as follows: geographic boundaries of the Asheville, Charlotte wage area. NC, and Charlotte, NC, appropriated Based on an analysis of the regulatory PART 532—PREVAILING RATE fund Federal Wage System (FWS) wage criteria for Caldwell County, the core SYSTEMS areas. The proposed rule would redefine county in the Hickory-Lenoir- Alexander and Catawba Counties, NC, Morganton MSA, the entire Hickory- ■ 1. The authority citation for part 532 from the Charlotte wage area to the Lenoir-Morganton MSA would be continues to read as follows: Asheville wage area. These changes are defined to the Asheville wage area. Authority: 5 U.S.C. 5343, 5346; § 532.707 based on a recent consensus When measuring to cities, the distance also issued under 5 U.S.C. 552. recommendation of the Federal criterion does not favor one wage area jstallworth on DSK7TPTVN1PROD with PROPOSALS Prevailing Rate Advisory Committee more than another. When measuring to Appendix C to Subpart B of Part 532— (FPRAC) to best match the counties host installations, the distance criterion Appropriated Fund Wage and Survey proposed for redefinition to a nearby favors the Asheville wage area more Areas FWS survey area. There are no FWS than the Charlotte wage area. The ■ 2. Appendix C to subpart B is employees stationed in Alexander or commuting patterns criterion does not amended by revising the wage area Catawba Counties. favor one wage area more than another. listings for the proposed rule that would DATES: We must receive comments on or Caldwell County resembles the redefine the geographic boundaries of before May 27, 2016. Asheville survey area more than the the wage areas to read as follows: VerDate Sep<11>2014 15:15 Apr 26, 2016 Jkt 238001 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 E:\FR\FM\27APP1.SGM 27APP1


Document Created: 2018-02-07 13:56:00
Document Modified: 2018-02-07 13:56:00
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments on the proposed rule should be submitted in writing to
ContactMs. Jennifer Richards, NASA HQ, Office of Procurement, Contract and Grant Policy Division, Room 5M34, 300 E Street SW., Washington, DC 20456-0001. Telephone 202-358-0047; facsimile 202-358-3082.
FR Citation81 FR 24735 
RIN Number2700-AE29
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