[Federal Register Volume 84, Number 90 (Thursday, May 9, 2019)]
[Rules and Regulations]
[Pages 20239-20240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09569]



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 Rules and Regulations
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains regulatory documents 
 having general applicability and legal effect, most of which are keyed 
 to and codified in the Code of Federal Regulations, which is published 
 under 50 titles pursuant to 44 U.S.C. 1510.
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  Federal Register / Vol. 84, No. 90 / Thursday, May 9, 2019 / Rules 
and Regulations  

[[Page 20239]]



NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

2 CFR Part 1800

RIN 2700-AE49
[Document Number NASA-19-028: Docket Number NASA-2019-0003]


Uniform Administrative Requirements, Cost Principles, and Audit 
Requirements for Federal Awards

AGENCY: National Aeronautics and Space Administration.

ACTION: Direct final rule.

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

SUMMARY: This direct final rule removes Certifications, Assurances, and 
Representations and Terms and Conditions from NASA's Uniform 
Administrative Requirements, Cost Principles, and Audit Requirements 
for Federal Awards regulations and all references to both because this 
information is already available in NASA's Grant and Cooperative 
Agreements Manual (GCAM). This direct final rule also removes 
Deviations for terms, conditions, and forms and makes minor 
administrative changes.

DATES: This direct final rule is effective July 8, 2019. Comments due 
on or before June 10, 2019. If adverse comments are received, NASA will 
publish a timely withdrawal of the rule in the Federal Register.

FOR FURTHER INFORMATION CONTACT: Antanese Crank (202) 358-4683.

SUPPLEMENTARY INFORMATION: 

I. Direct Final Rule

    NASA has determined that this rulemaking meets the criteria for a 
direct final rule because it makes non-substantive changes by removing 
Appendix A, Certifications, Assurances, and Representations and 
Appendix B, Terms and Conditions, as well as references to both because 
this information is already available in NASA's GCAM accessible at 
https://prod.nais.nasa.gov/pub/pub_library/srba/documents/Grant_and_CooperativeAgreementManual.doc. However, if the Agency 
receives a significant adverse comment, it will withdraw this direct 
final rule by publishing a notice in the Federal Register. A 
significant adverse comment is one that explains: (1) Why the direct 
final rule is inappropriate, including challenges to the rule's 
underlying premise or approach; or (2) why the direct final rule will 
be ineffective or unacceptable without a change. In determining whether 
a comment necessitates withdrawal of this direct final rule, NASA will 
consider whether it warrants a substantive response in a notice and 
comment process.

II. Background

    In December 2014, the Office of Management and Budget (OMB), 
together with NASA and the other Federal awarding agencies, issued a 
joint interim rule to implement new guidance at 2 Code of Federal 
Regulations (CFR) 200 Subtitle B, Uniform Administrative Requirements, 
Cost Principles, and Audit Requirements for Federal Awards (Uniform 
Guidance). OMB used the rulemaking procedure when promulgating this 
common rule on grants and cooperative agreements and required each 
agency to adopt OMB's common rule on grants and cooperative agreements. 
Although statutorily unnecessary, in 2015, NASA used rulemaking 
procedures to incorporate portions of the Uniform Guidance into its 
Federal Regulations at 2 CFR 1800 because NASA's Grants Management 
function was affiliated with Procurement Operations at the time. A 
review of all 32 Federal Grant awarding agencies and how they handled 
the issuance of the Uniform Guidance indicated that NASA was the only 
Agency to include Terms and Conditions in its Federal Regulations. The 
changes listed below will reduce burdens by removing unnecessary 
requirements in Federal Regulations, as well as allow NASA to 
streamline its practices to comport with other Federal grant awarding 
agencies. NASA is issuing a direct final rule to:
    1. Remove Appendix A, Certifications, Assurances, and 
Representations.
    2. Remove Appendix B, Terms and Conditions.
    3. Remove references to the certification and representations from 
section 1800.208.
    4. Remove references to the terms and conditions from section 
1800.210.
    5. Remove Deviations for terms, conditions, and forms and removes 
and reserves section 1800.6.
    6. Add references to NASA's GCAM.

III. Statutory Authority

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

IV. Regulatory Analysis

Executive Orders 12866 and Executive Order 13563

    Executive Orders 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). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, reducing costs, harmonizing rules, and promoting flexibility. 
This rule has been designated a ``significant regulatory action,'' 
although not economically significant, under section 3(f) of Executive 
Order 12866.

Regulatory Flexibility Act

    It has been certified that this rule is not subject to the 
Regulatory Flexibility Act (5 U.S.C. 601) because it would not, if 
promulgated, have a significant economic impact on a substantial number 
of small entities. Fees assessed by the Administration are nominal. 
Further, the ``small entities'' that make FOIA requests, as compared 
with individual requesters and other requesters, are relatively few in 
number.

Paperwork Reduction Act Statement

    This rule does not contain an information collection requirement 
subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.).

Unfunded Mandates Reform Act of 1995

    This rule will not result in the expenditure by State, local, and 
Tribal governments, in the aggregate, or by the private sector, of 
$100,000,000 or more in any one year, and it will not

[[Page 20240]]

significantly or uniquely affect small governments. Therefore, no 
actions were deemed necessary under the provisions of the Unfunded 
Mandates Reform Act of 1995.

Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by Sec.  251 of the Small 
Business Regulatory Enforcement Fairness Act of 1996 (as amended), 5 
U.S.C. 804. This rule will not result in an annual effect on the 
economy of $100,000,000 or more; a major increase in costs or prices; 
or significant adverse effects on competition, employment, investment, 
productivity, innovation, or on the ability of United States-based 
companies to compete with foreign based companies in domestic and 
export markets.

List of Subjects in 2 CFR Part 1800

    Grant programs, Grants administration.

    For reasons set forth in the preamble, NASA amends 2 CFR part 1800 
as follows:

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

0
1. The authority citation for 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.


Sec.  1800.3   [Amended]

0
2. Amend Sec.  1800.3, paragraph (d)(2) by removing the words 
``Procurement, Program Operations'' and add in their place ``the Chief 
Financial Officer, Policy''.


Sec.  1800.5   [Amended]

0
3. Amend Sec.  1800.5 by adding the acronym ``(GCAM)'' after the words 
``Grants and Cooperative Agreements Manual''.


Sec.  1800.6   [Removed and Reserved]

0
4. Remove and reserve Sec.  1800.6.

Subpart A--Acronyms and Definitions

0
5. Amend Sec.  1800.10 by adding in alphabetical order an entry for 
``GCAM Grants and Cooperative Agreements Manual'' to read as follows:


Sec.  1800.10   Acronyms.

* * * * *
GCAM Grants and Cooperative Agreements Manual
* * * * *

0
6. Amend Sec.  1800.11, in paragraph (a) by revising the definition of 
``Minority Institutions (MIs)'' to read as follows:


Sec.  1800.11   Definitions

    (a)* * *
    Minority Institutions (MIs) means an institution of higher 
education whose enrollment of a single minority or a combination of 
minorities (minority meaning American Indian, Alaskan Native, Black 
(not of Hispanic origin), Hispanic (including persons of Mexican, 
Puerto Rican, Cuban, and Central or South American origin), Pacific 
Islander or other ethnic group under-represented in science and 
engineering.) exceeds 50 percent of the total enrollment, as defined by 
section 365(3) of the Higher Education Act (HEA) (20 U.S.C. 1067k(3)).
* * * * *

Subpart B--Pre-Federal Award Requirements and Contents of Federal 
Awards

0
7. Revise Sec.  1800.208 to read as follows:


Sec.  1800.208   Certifications and representations.

    The certifications and representations for NASA may be found in 
Exhibit C of the GCAM. https://prod.nais.nasa.gov/pub/pub_library/srba.

0
8. 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 in 
Exhibit D of the GCAM. https://prod.nais.nasa.gov/pub/pub_library/srba.

Subpart C--Post Federal Award Requirements

0
9. Revise Sec.  1800.339 to read as follows:


Sec.  1800.339   Termination.

    NASA reserves the ability to terminate a Federal award in 
accordance with Sec.  200.338 through Sec.  200.342 and as set forth in 
section D21 of the GCAM.

Appendix A to Part 1800 [Removed]

0
10. Remove appendix A to part 1800.

Appendix B to Part 1800 [Removed]

0
11. Remove appendix B to part 1800.

Cheryl E. Parker,
NASA Federal Register Liaison Officer.
[FR Doc. 2019-09569 Filed 5-8-19; 8:45 am]
 BILLING CODE 7510-13-P