81 FR 89393 - Health and Human Services Grants Regulation
DEPARTMENT OF HEALTH AND HUMAN SERVICES Federal Register Volume 81, Issue 238 (December 12, 2016)
Federal Register Volume 81, Issue 238 (December 12, 2016)
| Page Range | 89393-89396 | |
| FR Document | 2016-29752 |
[Federal Register Volume 81, Number 238 (Monday, December 12, 2016)] [Rules and Regulations] [Pages 89393-89396] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-29752] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HEALTH AND HUMAN SERVICES 45 CFR Part 75 RIN 0991-AC06 Health and Human Services Grants Regulation AGENCY: Division of Grants, Office of Grants Policy, Oversight, and Evaluation, Office of the Assistant Secretary for Financial Resources, Department of Health and Human Services. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This final rule makes changes to the Department of Health and Human Services' (HHS) adoption of the Office of Management and Budget's (OMB) (``Uniform Administrative Requirements'') published on December 19, 2014 and the technical amendments published by HHS on January 20, 2016. HHS codified the OMB language, with noted modifications as explained in the preamble to the December promulgation. The HHS- specific modifications to the Uniform Administrative Requirements adopted prior regulatory language that was not in conflict with OMB's language, and provided additional guidance to the regulated community. Unlike all of the other modifications to the Uniform Administrative Requirements, these additional changes, although based on existing law or HHS policy, were not previously codified in regulation. HHS sought comment on these proposed changes in a notice of proposed rulemaking published on July 13, 2016. This final rule implements these regulatory changes. It also corrects one typographical error that was recently discovered in the most recent promulgation of the Uniform Administrative Requirements. DATES: This rule is effective on January 11, 2017. FOR FURTHER INFORMATION CONTACT: Quadira Dantro, MSHS, CRA at (202) 260-6825. SUPPLEMENTARY INFORMATION: Background This final rule makes changes to the HHS's adoption of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards published on December 19, 2014 (79 FR 75871) and the technical amendments published by HHS on January 20, 2016 (81 FR 3004). HHS codified the OMB language, with noted modifications, in 45 CFR part 75. Unlike all of the other modifications to the Uniform Administrative Requirements, these additional changes, although based on existing law or HHS policy, were not previously codified in regulation. This final rule implements these regulatory changes. HHS received 24 relevant comments on the notice of proposed rulemaking, half of which were strongly supportive of the proposed rule. HHS addresses all of the comments below. A. Nondiscrimination Provisions Comment: HHS received twelve comments on these provisions, all of which were strongly supportive of the codification of the nondiscrimination provisions in HHS awards and the recognition of same- sex marriages. Several of these supportive comments also provided additional areas for consideration specifically regarding the definition of discrimination on the basis of sex. Collectively, the comments indicated that HHS should define discrimination on the basis of sex explicitly to include discrimination on [[Page 89394]] the basis of sex stereotyping, gender identity, sexual orientation, pregnancy, intersex traits, and the presence of atypical sex characteristics. Response: HHS appreciates the comments received, and thanks commenters for their positive reactions and helpful suggestions. For the time being, HHS does not believe it is necessary to add additional categories to the list of non-merit based factors. We note that the determination whether a factor is merit-based for purposes of applying the prohibition will depend on the nature of the particular grant at issue. HHS has therefore decided not to amend the nondiscrimination language proposed in 45 CFR 75.300. Comment: One comment urged HHS and its partner federal agencies to broadly construe age discrimination protections to support young people as well as older Americans. The comment noted that while many age discrimination laws are enacted with older adults in mind, it is important to recognize the stigmatization of young people and adolescents, particularly in the healthcare arena. Response: HHS agrees that young people and adolescents should have access to health care and services free from discrimination. No alterations of the regulatory text are necessary to implement these protections. We note that, while employment laws enforced by the Equal Employment Opportunity Commission apply to applicants and employees forty or older, youth have additional rights under other federal, state, or local laws. The Age Discrimination Act of 1975 (Age Act), for instance, prohibits discrimination against young people and older Americans on the basis of age in federally funded programs and activities. In some cases, the Age Act permits age distinctions that reasonably take into account age as a factor necessary to the normal operation or the achievement of any statutory objective. State and local discrimination laws may offer broader protection. Comment: One commenter indicated that HHS should specify that the nondiscrimination provisions included in Sec. 75.300(c) flow down to subawards. Response: HHS notes that the provisions of 45 CFR part 75 already address the flow down of requirements. 45 CFR 75.101(b)(1) stating that the terms and conditions of Federal awards flow down to subawards to subrecipients unless a particular section of this part or the terms and conditions of the Federal award specifically indicate otherwise. Comment: Several commenters noted that the provisions of Sec. 75.300(c) do not apply to funding under the Temporary Assistance for Needy Families Program (TANF) (title IV-A of the Social Security Act, 42, U.S.C. 601-619). These commenters suggested that HHS should provide additional guidance to TANF grantees on nondiscrimination. Response: HHS appreciates the importance of continued education on the full scope of nondiscrimination obligations. The Administration for Children and Families shares this commitment. B. Indirect Cost Rates Comment: HHS received three comments regarding the proposed eight percent cap on indirect cost rates for foreign organizations. Notably, HHS did not receive any comments that objected to the imposition of the same eight percent cost cap on indirect cost rates for training grants. The comments received suggested that the proposed provision was in conflict with Sec. 75.414(f), and that HHS should instead adopt a ten percent cap on indirect cost rates for these organizations. Response: A non-Federal entity that has never received an indirect cost rate that is a foreign organization or foreign public entity, or that would conduct a training grant, would be limited to the eight percent modified total direct cost rate as articulated in Sec. 75.414(c)(3). Commenters indicated that this limitation conflicts with Sec. 75.414(f), which would permit an entity that had never received an indirect cost rate to charge a de minimis rate of ten percent. HHS agrees that this is inconsistent, and has added clarifying language to paragraph (f) to ensure that there is no conflict. C. Indian Self Determination and Education Assistance Act Comment: HHS received numerous comments, both through the regulations.gov portal and separately through the HHS Office of Intergovernmental and External Affairs, on the proposed language clarifying that applicability of certain provisions of the Uniform Administrative Requirements to contracts and compacts awarded pursuant to the Indian Self Determination and Education Assistance Act (ISDEAA). The comments received requested additional tribal consultation on these issues. Response: The Department is in the process of conducting this tribal consultation, and will proceed as appropriate after that consultation has concluded. The regulatory language from the notice of proposed rulemaking is not included in this final rule. D. Other Issues HHS received no comments on the portions of the notice of proposed rulemaking suggesting changes to the proposed language regarding same- sex spouses, marriages, and households, payment provisions as applied to states, public access to records, or shared responsibility payments. Consequently, HHS is finalizing the regulatory language without modification. In addition, HHS is amending one provision to correct a typographical error that was inadvertently included in the most recent promulgation of the Uniform Administrative Requirements, so that the HHS promulgation matches the OMB guidance as intended. Paperwork Reduction Act In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Ch. 3506; 5 CFR 1320 Appendix A.1), HHS reviewed this final rule and determined that there are no new collections of information contained therein. Regulatory Flexibility Act The Regulatory Flexibility Act requires that an agency provide a final regulatory flexibility analysis or to certify that the rule will not have a significant economic impact on a substantial number of small entities. This final rule aligns 45 CFR part 75 with various regulatory and statutory provisions, implements Supreme Court decisions, and codifies long-standing policies thus clarifying and enhancing the provisions in HHS's interim final guidance issued December 19, 2014, and amended on January 20, 2016. In order to ensure that the public receives the most value, it is essential that HHS grant programs function as effectively and efficiently as possible, and that there is a high level of accountability to prevent waste, fraud, and abuse. The additions provide enhanced direction for the public and will not have a significant economic impact beyond HHS's current regulations. Executive Order 12866 Determination Pursuant to Executive Order 12866, HHS has designated this final rule to be economically non-significant. This rule is not being treated as a ``significant regulatory action'' under section 3(f) of Executive Order 12866. Accordingly, the rule has not been reviewed by the Office of Management and Budget. Unfunded Mandates Reform Act of 1995 Determination Section 202 of the Unfunded Mandates Reform Act of 1995 (Unfunded Mandates Act) (2 U.S.C. 1532) requires that covered agencies [[Page 89395]] prepare a budgetary impact statement before promulgating a rule that includes any Federal mandate that may result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more in any one year. If a budgetary impact statement is required, section 205 of the Unfunded Mandates Act also requires covered agencies to identify and consider a reasonable number of regulatory alternatives before promulgating a rule. HHS has determined that this final rule will not result in expenditures by State, local, and tribal governments, or by the private sector, of $100 million or more in any one year. Accordingly, HHS has not prepared a budgetary impact statement or specifically addressed the regulatory alternatives considered. Executive Order 13132 Determination HHS has determined that this final rule does not have any Federalism implications, as required by Executive Order 13132. List of Subjects in 45 CFR Part 75 Accounting, Administrative practice and procedure, Cost principles, Grant programs, Grant programs--health, Grants administration, Hospitals, Indians, Nonprofit organizations reporting and recordkeeping requirements, State and local governments. Dated: November 25, 2016. Sylvia M. Burwell, Secretary, Department of Health and Human Services. For the reasons set forth in the preamble, part 75 of title 45 of the Code of Federal Regulations is amended as follows: PART 75--UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR HHS AWARDS 0 1. The authority citation for 45 CFR part 75 continues to read as follows: Authority: 5 U.S.C. 301. 0 2. Amend Sec. 75.101 by adding paragraph (f) to read as follows: Sec. 75.101 Applicability. * * * * * (f) Section 75.300(c) does not apply to the Temporary Assistance for Needy Families Program (title IV-A of the Social Security Act, 42 U.S.C. 601-619). Sec. 75.110 [Amended] 0 3. Amend Sec. 75.110(a) by removing ``75.355'' and adding, in its place, ``75.335''. 0 4. Amend Sec. 75.300 by adding paragraphs (c) and (d) to read as follows: Sec. 75.300 Statutory and national policy requirements. * * * * * (c) It is a public policy requirement of HHS that no person otherwise eligible will be excluded from participation in, denied the benefits of, or subjected to discrimination in the administration of HHS programs and services based on non-merit factors such as age, disability, sex, race, color, national origin, religion, gender identity, or sexual orientation. Recipients must comply with this public policy requirement in the administration of programs supported by HHS awards. (d) In accordance with the Supreme Court decisions in United States v. Windsor and in Obergefell v. Hodges, all recipients must treat as valid the marriages of same-sex couples. This does not apply to registered domestic partnerships, civil unions or similar formal relationships recognized under state law as something other than a marriage. 0 5. Revise Sec. 75.305(a) to read as follows: Sec. 75.305 Payment. (a)(1) For states, payments are governed by Treasury-State CMIA agreements and default procedures codified at 31 CFR part 205 and TFM 4A-2000 Overall Disbursing Rules for All Federal Agencies. (2) To the extent that Treasury-State CMIA agreements and default procedures do not address expenditure of program income, rebates, refunds, contract settlements, audit recoveries and interest earned on such funds, such funds must be expended before requesting additional cash payments. * * * * * 0 6. Revise Sec. 75.365 to read as follows: Sec. 75.365 Restrictions on public access to records. Consistent with Sec. 75.322, HHS awarding agencies may require recipients to permit public access to manuscripts, publications, and data produced under an award. However, no HHS awarding agency may place restrictions on the non-Federal entity that limit public access to the records of the non-Federal entity pertinent to a Federal award identified in Sec. Sec. 75.361 through 75.364, except for protected personally identifiable information (PII) or when the HHS awarding agency can demonstrate that such records will be kept confidential and would have been exempted from disclosure pursuant to the Freedom of Information Act (5 U.S.C. 552) or controlled unclassified information pursuant to Executive Order 13556 if the records had belonged to the HHS awarding agency. The Freedom of Information Act (5 U.S.C. 552) (FOIA) does not apply to those records that remain under a non-Federal entity's control except as required under Sec. 75.322. Unless required by Federal, state, local, or tribal statute, non-Federal entities are not required to permit public access to their records identified in Sec. Sec. 75.361 through 75.364. The non-Federal entity's records provided to a Federal agency generally will be subject to FOIA and applicable exemptions. 0 7. In Sec. 75.414, add paragraphs (c)(1)(i) through (iii) and revise the first sentence of paragraph (f) to read as follows: Sec. 75.414 Indirect (F&A) costs. * * * * * (c) * * * (1) * * * (i) Indirect costs on training grants are limited to a fixed rate of eight percent of MTDC exclusive of tuition and related fees, direct expenditures for equipment, and subawards in excess of $25,000; (ii) Indirect costs on grants awarded to foreign organizations and foreign public entities and performed fully outside of the territorial limits of the U.S. may be paid to support the costs of compliance with federal requirements at a fixed rate of eight percent of MTDC exclusive of tuition and related fees, direct expenditures for equipment, and subawards in excess of $25,000; and, (iii) Negotiated indirect costs may be paid to the American University, Beirut, and the World Health Organization. * * * * * (f) In addition to the procedures outlined in the appendices in paragraph (e) of this section, any non-Federal entity that has never received a negotiated indirect cost rate, except for those non-Federal entities described in paragraphs (c)(1)(i) and (ii) and section (D)(1)(b) of appendix VII to this part, may elect to charge a de minimis rate of 10% of modified total direct costs (MTDC) which may be used indefinitely.* * * * * * * * 0 8. Add Sec. 75.477 to read as follows: Sec. 75.477 Shared responsibility payments. (a) Payments for failure to maintain minimum essential health coverage. Any payments or assessments imposed on an individual or individuals pursuant to 26 U.S.C. 5000A(b) as a result of any failure to maintain minimum essential coverage as required by 26 U.S.C. 5000A(a) are not allowable [[Page 89396]] expenses under Federal awards from an HHS awarding agency. (b) Payments for failure to offer health coverage to employees. Any payments or assessments imposed on an employer pursuant to 26 U.S.C. 4980H as a result of the employer's failure to offer to its full-time employees (and their dependents) the opportunity to enroll in minimum essential coverage under an eligible employer-sponsored plan are not allowable expenses under Federal awards from an HHS awarding agency. [FR Doc. 2016-29752 Filed 12-9-16; 8:45 am] BILLING CODE 4150-24-P
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report containing this action and other extend the time within which a petition PART 52—APPROVAL AND
required information to the U.S. Senate, for judicial review may be filed, and PROMULGATION OF
the U.S. House of Representatives, and shall not postpone the effectiveness of IMPLEMENTATION PLANS
the Comptroller General of the United such rule or action. This action may not
States prior to publication of the rule in be challenged later in proceedings to ■ 1. The authority citation for part 52
the Federal Register. A major rule enforce its requirements. See section continues to read as follows:
cannot take effect until 60 days after it 307(b)(2).
Authority: 42 U.S.C. 7401 et seq.
is published in the Federal Register. List of Subjects in 40 CFR Part 52
This action is not a ‘‘major rule’’ as Subpart Z—Mississippi
defined by 5 U.S.C. 804(2). Environmental protection, Air
pollution control, Incorporation by
Under section 307(b)(1) of the CAA, reference, Intergovernmental relations, ■ 2. Section 52.1270(e) is amended by
petitions for judicial review of this Particulate matter, Reporting and adding a new entry ‘‘110(a)(1) and (2)
action must be filed in the United States recordkeeping requirements, Volatile Infrastructure Requirements for the 2012
Court of Appeals for the appropriate organic compounds. Annual PM 2.5 NAAQS’’ at the end of the
circuit by February 10, 2017. Filing a table to read as follows:
petition for reconsideration by the Dated: November 28, 2016.
Heather McTeer Toney, § 52. 1270 Identification of plan.
Administrator of this final rule does not
affect the finality of this action for the Acting Regional Administrator, Region 4. * * * * *
purposes of judicial review nor does it 40 CFR part 52 is amended as follows: (e) * * *
EPA APPROVED MISSISSIPPI NON-REGULATORY PROVISIONS
Name of non-regulatory Applicable geographic State submittal EPA approval date Explanation
SIP provision or nonattainment area date/effective date
* * * * * * *
110(a)(1) and (2) Infra- Mississippi ................... 12/11/2015 12/12/2016, [Insert ci- With the exception of sections: 110(a)(2)(C)
structure Require- tation of publication and (J) concerning PSD permitting require-
ments for the 2012 in Federal Register]. ments; 110(a)(2)(D)(i)(I) and (II) (prongs 1
Annual PM 2.5 through 4) concerning interstate transport
NAAQS. requirements and the state board majority
requirements respecting significant portion
of income of section 110(a)(2)(E)(ii).
[FR Doc. 2016–29593 Filed 12–9–16; 8:45 am] modifications to the Uniform 19, 2014 (79 FR 75871) and the
BILLING CODE 6560–50–P Administrative Requirements adopted technical amendments published by
prior regulatory language that was not in HHS on January 20, 2016 (81 FR 3004).
conflict with OMB’s language, and HHS codified the OMB language, with
DEPARTMENT OF HEALTH AND provided additional guidance to the noted modifications, in 45 CFR part 75.
HUMAN SERVICES regulated community. Unlike all of the Unlike all of the other modifications to
other modifications to the Uniform the Uniform Administrative
45 CFR Part 75 Administrative Requirements, these Requirements, these additional changes,
additional changes, although based on although based on existing law or HHS
RIN 0991–AC06 existing law or HHS policy, were not policy, were not previously codified in
previously codified in regulation. HHS regulation. This final rule implements
Health and Human Services Grants sought comment on these proposed these regulatory changes.
Regulation changes in a notice of proposed HHS received 24 relevant comments
AGENCY: Division of Grants, Office of rulemaking published on July 13, 2016. on the notice of proposed rulemaking,
Grants Policy, Oversight, and This final rule implements these half of which were strongly supportive
Evaluation, Office of the Assistant regulatory changes. It also corrects one of the proposed rule. HHS addresses all
Secretary for Financial Resources, typographical error that was recently of the comments below.
Department of Health and Human discovered in the most recent
promulgation of the Uniform A. Nondiscrimination Provisions
Services.
ACTION: Final rule.
Administrative Requirements. Comment: HHS received twelve
DATES: This rule is effective on January comments on these provisions, all of
SUMMARY: This final rule makes changes 11, 2017. which were strongly supportive of the
to the Department of Health and Human FOR FURTHER INFORMATION CONTACT: codification of the nondiscrimination
Services’ (HHS) adoption of the Office Quadira Dantro, MSHS, CRA at (202) provisions in HHS awards and the
of Management and Budget’s (OMB) 260–6825. recognition of same-sex marriages.
(‘‘Uniform Administrative SUPPLEMENTARY INFORMATION: Several of these supportive comments
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Requirements’’) published on December also provided additional areas for
19, 2014 and the technical amendments Background consideration specifically regarding the
published by HHS on January 20, 2016. This final rule makes changes to the definition of discrimination on the basis
HHS codified the OMB language, with HHS’s adoption of the Uniform of sex. Collectively, the comments
noted modifications as explained in the Administrative Requirements, Cost indicated that HHS should define
preamble to the December Principles, and Audit Requirements for discrimination on the basis of sex
promulgation. The HHS-specific Federal Awards published on December explicitly to include discrimination on
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prepare a budgetary impact statement ■ 4. Amend § 75.300 by adding U.S.C. 552) or controlled unclassified
before promulgating a rule that includes paragraphs (c) and (d) to read as follows: information pursuant to Executive
any Federal mandate that may result in Order 13556 if the records had belonged
§ 75.300 Statutory and national policy
the expenditure by State, local, and to the HHS awarding agency. The
requirements.
tribal governments, in the aggregate, or Freedom of Information Act (5 U.S.C.
by the private sector, of $100 million or * * * * * 552) (FOIA) does not apply to those
more in any one year. If a budgetary (c) It is a public policy requirement of records that remain under a non-Federal
impact statement is required, section HHS that no person otherwise eligible entity’s control except as required under
205 of the Unfunded Mandates Act also will be excluded from participation in, § 75.322. Unless required by Federal,
requires covered agencies to identify denied the benefits of, or subjected to state, local, or tribal statute, non-Federal
and consider a reasonable number of discrimination in the administration of entities are not required to permit
regulatory alternatives before HHS programs and services based on public access to their records identified
promulgating a rule. HHS has non-merit factors such as age, disability, in §§ 75.361 through 75.364. The non-
determined that this final rule will not sex, race, color, national origin, religion, Federal entity’s records provided to a
result in expenditures by State, local, gender identity, or sexual orientation. Federal agency generally will be subject
and tribal governments, or by the Recipients must comply with this to FOIA and applicable exemptions.
private sector, of $100 million or more public policy requirement in the
■ 7. In § 75.414, add paragraphs (c)(1)(i)
in any one year. Accordingly, HHS has administration of programs supported
by HHS awards. through (iii) and revise the first sentence
not prepared a budgetary impact of paragraph (f) to read as follows:
(d) In accordance with the Supreme
statement or specifically addressed the
Court decisions in United States v. § 75.414 Indirect (F&A) costs.
regulatory alternatives considered.
Windsor and in Obergefell v. Hodges, all
* * * * *
Executive Order 13132 Determination recipients must treat as valid the (c) * * *
HHS has determined that this final marriages of same-sex couples. This (1) * * *
rule does not have any Federalism does not apply to registered domestic (i) Indirect costs on training grants are
implications, as required by Executive partnerships, civil unions or similar limited to a fixed rate of eight percent
Order 13132. formal relationships recognized under of MTDC exclusive of tuition and
state law as something other than a related fees, direct expenditures for
List of Subjects in 45 CFR Part 75 marriage. equipment, and subawards in excess of
Accounting, Administrative practice ■ 5. Revise § 75.305(a) to read as $25,000;
and procedure, Cost principles, Grant follows: (ii) Indirect costs on grants awarded to
programs, Grant programs—health, foreign organizations and foreign public
§ 75.305 Payment.
Grants administration, Hospitals, entities and performed fully outside of
Indians, Nonprofit organizations (a)(1) For states, payments are
the territorial limits of the U.S. may be
reporting and recordkeeping governed by Treasury-State CMIA
paid to support the costs of compliance
requirements, State and local agreements and default procedures
with federal requirements at a fixed rate
governments. codified at 31 CFR part 205 and TFM
of eight percent of MTDC exclusive of
4A–2000 Overall Disbursing Rules for
Dated: November 25, 2016. tuition and related fees, direct
All Federal Agencies.
Sylvia M. Burwell, (2) To the extent that Treasury-State expenditures for equipment, and
Secretary, Department of Health and Human CMIA agreements and default subawards in excess of $25,000; and,
Services. procedures do not address expenditure (iii) Negotiated indirect costs may be
of program income, rebates, refunds, paid to the American University, Beirut,
For the reasons set forth in the
contract settlements, audit recoveries and the World Health Organization.
preamble, part 75 of title 45 of the Code
of Federal Regulations is amended as and interest earned on such funds, such * * * * *
follows: funds must be expended before (f) In addition to the procedures
requesting additional cash payments. outlined in the appendices in paragraph
PART 75—UNIFORM ADMINISTRATIVE * * * * * (e) of this section, any non-Federal
REQUIREMENTS, COST PRINCIPLES, entity that has never received a
■ 6. Revise § 75.365 to read as follows:
AND AUDIT REQUIREMENTS FOR HHS negotiated indirect cost rate, except for
AWARDS § 75.365 Restrictions on public access to those non-Federal entities described in
records. paragraphs (c)(1)(i) and (ii) and section
■ 1. The authority citation for 45 CFR Consistent with § 75.322, HHS (D)(1)(b) of appendix VII to this part,
part 75 continues to read as follows: awarding agencies may require may elect to charge a de minimis rate of
Authority: 5 U.S.C. 301. recipients to permit public access to 10% of modified total direct costs
manuscripts, publications, and data (MTDC) which may be used
■ 2. Amend § 75.101 by adding
produced under an award. However, no indefinitely.* * *
paragraph (f) to read as follows:
HHS awarding agency may place * * * * *
§ 75.101 Applicability. restrictions on the non-Federal entity ■ 8. Add § 75.477 to read as follows:
* * * * * that limit public access to the records of
(f) Section 75.300(c) does not apply to the non-Federal entity pertinent to a § 75.477 Shared responsibility payments.
the Temporary Assistance for Needy Federal award identified in §§ 75.361 (a) Payments for failure to maintain
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Families Program (title IV–A of the through 75.364, except for protected minimum essential health coverage.
Social Security Act, 42 U.S.C. 601–619). personally identifiable information (PII) Any payments or assessments imposed
or when the HHS awarding agency can on an individual or individuals
§ 75.110 [Amended] demonstrate that such records will be pursuant to 26 U.S.C. 5000A(b) as a
■ 3. Amend § 75.110(a) by removing kept confidential and would have been result of any failure to maintain
‘‘75.355’’ and adding, in its place, exempted from disclosure pursuant to minimum essential coverage as required
‘‘75.335’’. the Freedom of Information Act (5 by 26 U.S.C. 5000A(a) are not allowable
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expenses under Federal awards from an Maryland to the State of New York. The approve any such transfer based on the
HHS awarding agency. approval of the transfer complies with criteria in § 648.162(e).
(b) Payments for failure to offer health the Atlantic Bluefish Fishery Maryland and New York have
coverage to employees. Any payments Management Plan quota transfer requested the transfer of 50,000 lb
or assessments imposed on an employer provision. This announcement also (22,680 kg) of bluefish commercial
pursuant to 26 U.S.C. 4980H as a result informs the public of the revised quota from Maryland to New York. Both
of the employer’s failure to offer to its commercial quotas for Maryland and states have certified that the transfer
full-time employees (and their New York. meets all pertinent state requirements.
dependents) the opportunity to enroll in This quota transfer was requested by
DATES: Effective December 9, 2016
minimum essential coverage under an New York to ensure that its 2016 quota
through December 31, 2016.
eligible employer-sponsored plan are would not be exceeded. The Regional
not allowable expenses under Federal FOR FURTHER INFORMATION CONTACT: Reid Administrator has approved this quota
awards from an HHS awarding agency. Lichwell, Fishery Management transfer based on his determination that
[FR Doc. 2016–29752 Filed 12–9–16; 8:45 am] Specialist, (978) 281–9112. the criteria set forth in § 648.162(e)(1)(i)
BILLING CODE 4150–24–P through (iii) have been met. The revised
SUPPLEMENTARY INFORMATION:
bluefish quotas for calendar year 2016
Regulations governing the Atlantic
are: Maryland, 96,631 lb (43,831 kg);
bluefish fishery are found in 50 CFR
and New York, 927,289 lb (420,611 kg).
DEPARTMENT OF COMMERCE 648.160 through 648.167. The
These quota adjustments revise the
regulations require annual specification
National Oceanic and Atmospheric quotas specified in the final rule
of a commercial quota that is
Administration implementing the 2016–2018 Atlantic
apportioned among the coastal states
Bluefish Specifications published on
from Maine through Florida. The
50 CFR Part 648 August 4, 2016 (81 FR 51370), and
process to set the annual commercial
reflect all subsequent commercial
[Docket No. 151130999–6225–01] quota and the percent allocated to each
bluefish quota transfers completed to
state are described in § 648.162.
date. For information of previous
RIN 0648–XF069 The final rule implementing transfers for fishing year 2016 visit:
Amendment 1 to the Bluefish Fishery http://go.usa.gov/xZT8H.
Fisheries of the Northeastern United
Management Plan published in the
States; Atlantic Bluefish Fishery; Classification
Federal Register on July 26, 2000 (65 FR
Quota Transfer
45844), and provided a mechanism for This action is taken under 50 CFR
AGENCY: National Marine Fisheries transferring bluefish quota from one part 648 and is exempt from review
Service (NMFS), National Oceanic and state to another. Two or more states, under Executive Order 12866.
Atmospheric Administration (NOAA), under mutual agreement and with the Authority: 16 U.S.C. 1801 et seq.
Commerce. concurrence of the Administrator,
Greater Atlantic Region, NMFS Dated: December 7, 2016.
ACTION: Temporary rule; approval of
(Regional Administrator), can request Emily H. Menashes,
quota transfer.
approval of a transfer of bluefish Acting Director, Office of Sustainable
SUMMARY: NMFS announces its approval commercial quota under Fisheries, National Marine Fisheries Service.
of a transfer of 2016 commercial § 648.162(e)(1)(i) through (iii). The [FR Doc. 2016–29720 Filed 12–9–16; 8:45 am]
bluefish quota from the State of Regional Administrator must first BILLING CODE 3510–22–P
mstockstill on DSK3G9T082PROD with RULES
VerDate Sep<11>2014 16:18 Dec 09, 2016 Jkt 241001 PO 00000 Frm 00040 Fmt 4700 Sfmt 9990 E:\FR\FM\12DER1.SGM 12DER1](https://thefederalregister.org/doc/81_FR_89631/page/4.svg)
Document Created: 2018-02-14 09:05:44
Document Modified: 2018-02-14 09:05:44
| 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 rule is effective on January 11, 2017. | |
| Contact | Quadira Dantro, MSHS, CRA at (202) 260-6825. | |
| FR Citation | 81 FR 89393 | |
| RIN Number | 0991-AC06 | |
| CFR Associated | Accounting; Administrative Practice and Procedure; 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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