[Federal Register Volume 80, Number 196 (Friday, October 9, 2015)]
[Rules and Regulations]
[Pages 61087-61088]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-25833]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 80, No. 196 / Friday, October 9, 2015 / Rules
and Regulations
[[Page 61087]]
ENVIRONMENTAL PROTECTION AGENCY
2 CFR Part 1500
40 CFR Parts 30, 31, 33, 35, 40, 45, 46, and 47
[FRL-9926-01-OARM]
RIN 2030-AA99
Governmentwide Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) has adopted as
final, with changes, the interim final rule outlining uniform
administrative requirements, cost principles, and audit requirements
for federal awards.
DATES: This final rule is effective on October 9, 2015.
FOR FURTHER INFORMATION CONTACT: Alexandra Raver, National Policy
Training and Compliance Division in the Office of Grants and Debarment
(3903R), Environmental Protection Agency, 1200 Pennsylvania Avenue NW.,
Washington, DC 20460; telephone number: 202-564-5296; fax number: 202-
565-2470; email address: [email protected].
SUPPLEMENTARY INFORMATION:
I. General Information
Affected Entities
Entities affected by this action are those that apply for and/or
receive Federal financial assistance (grants, cooperative agreements or
fellowships) from EPA including but not limited to: State and local
governments, Indian tribes, intertribal consortia, institutions of
higher education, hospitals, and other non-profit organizations, and
individuals.
II. Background
This final rule implements for the Environmental Protection Agency
the final guidance Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards published by the
Office of Management and Budget (OMB) on December 26, 2013 in 2 CFR
part 200 (Uniform Guidance--available at 78 FR 78589) and amended in
the joint interim final rule published on December 19, 2014 (Interim
Final Rule--available at 79 FR 75867). The Uniform Guidance followed on
a notice of proposed guidance issued February 1, 2013 (available at 78
FR 7282), and an advanced notice of proposed guidance issued February
28, 2012 (available at 77 FR 11778).
The final guidance incorporated feedback received from the public
in response to those earlier issuances. Additional supporting resources
are available from the Council on Financial Assistance Reform at
www.cfo.gov/COFAR.
The Uniform Guidance delivered on two presidential directives;
Executive Order 13520 on Reducing Improper Payments (74 FR 62201;
November 15, 2009), and February 28, 2011 Presidential Memorandum on
Administrative Flexibility, Lower Costs, and Better Results for State,
Local, and Tribal Governments, (Daily Comp. Pres. Docs.; http://www.gpo.gov/fdsys/pkg/DCPD-201100123/pdf/DCPD-201100123.pdf). It
reflected more than two years of work by the Council on Financial
Assistance Reform to improve the efficiency and effectiveness of
Federal financial assistance. For a detailed discussion of the reform
and its impacts, please see the Federal Register notice for the
issuance of the final guidance (78 FR 78589).
EPA's final rule incorporates minor changes to address a
typographical error identifying the standard for quality management
systems for environmental information and technology programs and to
add 5 U.S.C. 301 to the authority citations in the regulation text.
Authority: 5 U.S.C. 301, 42 U.S.C. 241, 242b, 243, 246, 1857 et
seq., 33 U.S.C. 1251 et seq., 42 U.S.C. 7401 et seq., 42 U.S.C. 6901
et seq., 42 U.S.C. 300f et seq., 7 U.S.C. 136 et seq., 15 U.S.C.
2601 et seq., 42 U.S.C. 9601 et seq., 20 U.S.C. 4011 et seq., and 33
U.S.C. 1401 et seq.; 2 CFR 200.
III. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.
B. Paperwork Reduction Act
This action does not impose any new information collection burden
under the PRA. OMB has previously approved the information collection
activities contained in the existing regulations and has assigned OMB
control number 2030-0020. The OMB control numbers for EPA's regulations
in 40 CFR are listed in 40 CFR part 9.
C. Regulatory Flexibility Act
This action is not subject to the RFA. The RFA applies only to
rules subject to notice and comment rulemaking requirements under the
Administrative Procedure Act (APA), 5 U.S.C. 553, or any other statute.
This rule is not subject to notice and comment requirements under the
APA or any other statute because this rule pertains to grants, which
the APA expressly exempts from notice and comment rulemaking
requirements. 5 U.S.C. 553(a)(2).
D. Unfunded Mandates Reform Act
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. UMRA does not apply to this action because it
requires compliance with accounting and auditing procedures for grants,
other money or property provided by the federal government.
E. Executive Order 13132 (Federalism)
This action does not have federalism implications. It will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.
F. Executive Order 13175
This action does not have tribal implications as specified in
Executive
[[Page 61088]]
Order 13175. This action affects all applicants and recipients of EPA
financial federal assistance and therefore no one entity type will be
impacted disproportionally. Thus, Executive Order 13175 does not apply
to this action. Although Executive Order 13175 does not apply to this
action, EPA has made a conscious effort to engage tribal entities on
changes to federal financial assistance requirements. EPA published
materials summarizing these changes which can be found at http://www.epa.gov/ogd/grants/regulations.htm. EPA intends to host
informational sessions tailored to tribal entities.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because it does not concern an environmental
health risk or safety risk.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act
This action does not involve technical standards.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
The EPA believes that it is not feasible to determine whether the
human health or environmental risk addressed by this action will have
potential disproportionately high and adverse effects on minority, low-
income or indigenous populations.
K. Congressional Review Act
This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).
List of Subjects
2 CFR Part 1500
Environmental protection, Accounting, Administrative practice and
procedure, Colleges and universities, Grant programs, Hospitals,
Indians, Intergovernmental relations, Loan programs, Nonprofit
organizations, Reporting and recordkeeping requirements.
40 CFR Part 30
Environmental protection, Accounting, Colleges and universities,
Grant programs, Hospitals, Nonprofit organizations, Reporting and
recordkeeping requirements.
40 CFR Part 31
Environmental protection, Accounting, Administrative practice and
procedure, Grant programs, Indians, Intergovernmental relations, Loan
programs, Reporting and recordkeeping requirements.
40 CFR Part 33
Environmental protection, Grant programs, Minority businesses,
Reporting and recordkeeping requirements.
40 CFR Part 35
Environmental protection, Air pollution control, Coastal zone,
Grant programs, Hazardous waste, Indians, Intergovernmental relations,
Pesticides and pests, Reporting and recordkeeping requirements,
Technical assistance, Waste treatment and disposal, Water pollution
control, Water supply.
40 CFR Part 40
Environmental protection, Grant programs, Reporting and
recordkeeping requirements.
40 CFR Part 45
Environmental protection, Education, Grant programs, Reporting and
recordkeeping requirements.
40 CFR Part 46
Environmental protection, Education, Grant programs, Reporting and
recordkeeping requirements, Scholarships and fellowships.
40 CFR Part 47
Environmental protection, Education, Grant programs, Reporting and
recordkeeping requirements.
Dated: September 30, 2015.
Gina McCarthy,
Administrator.
Accordingly, the interim rule amending 2 CFR part 1500 and 40 CFR
parts 30, 31, 33, 35, 40, 45, 46, and 47 which was published in the
Federal Register at 79 FR 75867 on December 19, 2014, is adopted as
final with the following changes:
Title 2--Grants and Agreements
CHAPTER XV--ENVIRONMENTAL PROTECTION AGENCY
PART 1500--UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES,
AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS
0
1. The authority citation for part 1500 is revised to read as follows:
Authority: 5 U.S.C. 301, 42 U.S.C. 241, 242b, 243, 246, 1857 et
seq., 33 U.S.C. 1251 et seq., 42 U.S.C. 7401 et seq., 42 U.S.C. 6901
et seq., 42 U.S.C. 300f et seq., 7 U.S.C. 136 et seq., 15 U.S.C.
2601 et seq., 42 U.S.C. 9601 et seq., 20 U.S.C. 4011 et seq., and 33
U.S.C. 1401 et seq.; 2 CFR part 200.
Subpart D--Post Federal Award Requirements
Sec. 1500.11 [Amended]
0
2. In Sec. 1500.11, paragraphs (c) and (f)(1)(i) are amended by
removing ``ANSI/ASQ'' and adding ``ASQ/ANSI'' in its place.
[FR Doc. 2015-25833 Filed 10-8-15; 8:45 am]
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