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Code · REGISTER · 2016-02-16 · PROPOSED RULES · Agency Health Agency for Healthcare Research and Quality NOTICES Patient Safety Organizations: Voluntary Relinquishment from Verge Patient Safety Organization, 7799-7800 2016-03034 Agriculture Departm · Unknown

Unknown. Final rule

5,712 words·~26 min read·/register/2016/02/16/2016-02473

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2016-02-16.xml --- 81 30 Tuesday, February 16, 2016 Contents Agency Health Agency for Healthcare Research and Quality NOTICES Patient Safety Organizations: Voluntary Relinquishment from Verge Patient Safety Organization, 7799-7800 2016-03034 Agriculture Department, Office of the Chief Financial Officer Agriculture Department, Office of the Chief Financial Officer RULES Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 7695-7698 2016-02473 Agriculture Agriculture Department See Agriculture Department, Office of the Chief Financial Officer See Commodity Credit Corporation See Farm Service Agency See Foreign Agricultural Service See Forest Service See National Institute of Food and Agriculture See Rural Business-Cooperative Service See Rural Housing Service See Rural Utilities Service RULES Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 7695-7698 2016-02473 Army Army Department NOTICES Exclusive Licenses Proposed Approvals:
Faraday Technology, 7767-7768 2016-03043 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 7800-7802 2016-03046 Environmental Impact Statements; Availability, etc.: HHS/CDC Lawrenceville Campus Proposed Improvements 2015-2025, Lawrenceville, GA, 7800 2016-03059 Chemical Chemical Safety and Hazard Investigation Board NOTICES Meetings; Sunshine Act, 7744-7745 2016-03257 Coast Guard Coast Guard RULES Safety Zones:
James River, Newport News, VA, 7704-7706 2016-03090 PROPOSED RULES Safety Zones: Block Island Wind Farm, Rhode Island Sound, RI, 7718-7720 2016-03091 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration Commodity Credit Commodity Credit Corporation RULES Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 7695-7698 2016-02473 Commodity Futures Commodity Futures Trading Commission NOTICES Orders:
Authorization of National Futures Association as a Commission Designee for Direct Electronic Access to Data in Swap Data Repositories, 7762-7765 2016-03064 Consumer Product Consumer Product Safety Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Crib Bumpers, 7765-7766 2016-03013 Safety Standard for Automatic Residential Garage Door Operators, 7767 2016-02948 Standards for Full-Size Baby Cribs and Non-Full Size Baby Cribs; Compliance Form, 7766 2016-02963 Corporation Corporation for National and Community Service NOTICES Meetings;
Sunshine Act, 7767 2016-03160 Defense Acquisition Defense Acquisition Regulations System PROPOSED RULES Defense Federal Acquisition Regulation Supplement: Enhancing the Effectiveness of Independent Research and Development, 7721-7723 2016-03039 Defense Department Defense Department See Army Department See Defense Acquisition Regulations System See Navy Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 7768 2016-02947 Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Extraordinary Contractual Action Requests, 7798 2016-03045 Schedules for Construction Contracts, 7799 2016-03012 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Enterprise Complaint System, 7775-7776 2016-03057 Applications for New Awards: Training Program for Federal TRIO Programs, 7770-7775 2016-03089 Energy Department Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission NOTICES Application for Long-Term, Multi-Contract Authorization to Export Liquefied Natural Gas to Non-Free Trade Agreement Nations:
Flint Hills Resources, LP, 7776-7777 2016-03093 Energy Efficiency Energy Efficiency and Renewable Energy Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Accounting Conventions for Non-combustible Renewable Energy Use, 7778-7779 2016-03118 Energy Savings Performance Contract Energy Sales Agreement, 7777-7778 2016-03103 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations:
Colorado, Montana, North Dakota and South Dakota; 2008 Ozone NAAQS Interstate Transport, 7706-7708 2016-02959 Iowa; Electronic Reporting Consistent with the Cross-Media Electronic Reporting Rule, 7708-7710 2016-02957 Approval of Regional Haze BART Alternative Measure: Washington, 7710-7712 2016-02953 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Iowa; Electronic Reporting Consistent with the Cross-Media Electronic Reporting Rule, 7721 2016-02958 NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 7786-7787 2016-03149 Charter Renewals: Local Government Advisory Committee, 7784 2016-03101 Contractor Access to Information Claimed as Confidential Business Information Submitted under Title II of the Clean Air Act and Related to the Renewable Fuel Standard Program, 7787 C1--2016--02728 Draft Guidelines for Human Exposure Assessment, 7791-7792 2016-03110 Draft Technical Support Documents: Recommended Estimates for Missing Water Quality Parameters for Application in EPA's Biotic Ligand Model, 7784-7786 2016-03119 Inquiry to Learn Whether Businesses Assert Business Confidentiality Claims Regarding Waste Import and Export, 7788-7791 2016-03102 Meetings:
National Environmental Justice Advisory Council, 7787 2016-03115 Equal Equal Employment Opportunity Commission NOTICES Meetings: Equal Employment Opportunity Commission; Hearing, 7792 2016-03088 Farm Service Farm Service Agency RULES Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 7695-7698 2016-02473 Federal Aviation Federal Aviation Administration RULES Harmonization of Airworthiness Standards: Fire Extinguishers and Class B and F Cargo Compartments, 7698-7704 2016-03000 NOTICES Petition for Authorization;
Summaries: The Boeing Company, 7886-7887 2016-03003 Federal Deposit Federal Deposit Insurance Corporation NOTICES Meetings; Sunshine Act, 7792-7793 2016-03142 Federal Emergency Federal Emergency Management Agency RULES Suspension of Community Eligibility, 7712-7715 2016-03032 Federal Energy Federal Energy Regulatory Commission NOTICES Applications: Woonsocket, RI, 7780 2016-03022 Combined Filings, 7780-7781 2016-03017 Meetings: Colonial Pipeline Co.; Technical Conference, 7783 2016-03019 Enterprise Texas Pipeline LLC;
Informal Settlement Conference, 7783 2016-03023 Implementation Issues Under the Public Utility Regulatory Policies Act; Technical Conference, 7784 2016-03016 PJM Interconnection, LLC; et al.; Post-Technical Conference Comments, 7781 2016-03018 Sabine Pipe Line, LLC; Informal Settlement Conference, 7783 2016-03025 Records Governing Off-the-Record Communications, 7781-7782 2016-03024 Restricted Service Lists: Brookfield White Pine Hydro LLC, 7783-7784 2016-03021 South Carolina Electric and Gas Co., 7782 2016-03020 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control:
Acquisitions of Shares of a Bank or Bank Holding Company, 7793 2016-03048 Federal Trade Federal Trade Commission PROPOSED RULES Regulatory Review Schedule, 7716-7717 2016-02894 NOTICES Request for Early Termination of the Waiting Period under the Premerger Notification Rules, 7793-7798 2016-03035 2016-03036 Federal Transit Federal Transit Administration NOTICES Transit Program Changes, etc., 7894-7925 2016-02821 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Wildlife and Plants:
Removing the San Miguel Island Fox, Santa Rosa Island Fox, and Santa Cruz Island Fox from the Federal List of Endangered and Threatened Wildlife, and Reclassifying the Santa Catalina Island Fox from Endangered to Threatened, 7723-7741 2016-02669 NOTICES Endangered Species Recovery Permit Applications, 7825-7829 2016-03037 Food and Drug Food and Drug Administration NOTICES Guidance for Industry: Allergic Rhinitis -- Developing Drug Products for Treatment, 7816-7817 2016-02978 Anthrax -- Developing Drugs for Prophylaxis of Inhalational Anthrax, 7813-7815 2016-02964 Bioequivalence Recommendations for Cyclosporine, 7810-7811 2016-02975 Completeness Assessments for Type II Active Pharmaceutical Ingredient Drug Master Files under the Generic Drug User Fee Amendments, 7815-7816 2016-02969 Nonallergic Rhinitis -- Developing Drug Products for Treatment, 7811-7813 2016-02976 Meetings:
Building the National Evaluation System for Medical Devices -- Using Real-World Evidence to Improve Device Safety and Effectiveness; Public Workshop, 7806-7807 2016-02966 Evaluation of the Safety of Drugs and Biological Products Used During Lactation; Public Workshop, 7809-7810 2016-02967 Food and Drug Administration Clinical Trial Requirements, Regulations, Compliance, and Good Clinical Practices; Public Workshop, 7802-7803 2016-02965 Oncologic Drugs Advisory Committee, 7813 2016-03011 Proposed Pilot Project(s) under the Drug Supply Chain Security Act;
Public Workshop, 7807-7809 2016-02977 Requests for Nominations: Individuals and Consumer Organizations for Advisory Committees, 7803-7806 2016-03010 Foreign Agricultural Foreign Agricultural Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 7742 2016-03087 Foreign Assets Foreign Assets Control Office NOTICES Blocking or Unblocking of Persons and Properties, 7891-7892 2016-03041 Foreign Trade Foreign-Trade Zones Board NOTICES Subzone Expansions:
Premcor Refining Group Inc., Subzone 116C, Foreign-Trade Zone 116, Port Arthur, TX, 7745 2016-03072 Forest Forest Service NOTICES Environmental Impact Statements; Availability, etc.: Cooper Spur - Government Camp Land, Mt. Hood National Forest; OR, 7743-7744 2016-03047 Meetings: Eastern Washington Cascades Provinicial Advisory Committee, 7744 2016-03042 General Services General Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:
Extraordinary Contractual Action Requests, 7798 2016-03045 Schedules for Construction Contracts, 7799 2016-03012 Health and Human Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 7818 2016-03014 Bridging the Word Gap Competition Challenge; Correction, 7817 2016-03106 Meetings: Advisory Commission on Childhood Vaccines, 7819 2016-03015 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S. Customs and Border Protection Interior Interior Department See Fish and Wildlife Service See Surface Mining Reclamation and Enforcement Office International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:
Aluminum Extrusions from the People's Republic of China, 7749-7750 2016-02998 Certain Biaxial Integral Geogrid Products from the People's Republic of China, 7745-7749 2016-03071 Polyethylene Terephthalate Film, Sheet, and Strip from India, 7750-7751, 7753-7755 2016-03082 2016-03083 Potassium Permanganate from the People's Republic of China, 7751-7753 2016-03073 Initiation of Less-Than-Fair-Value Investigations: Certain Biaxial Integral Geogrid Products from the People's Republic of China, 7755-7760 2016-03086 International Trade Com International Trade Commission NOTICES Complaints:
Certain Automated Teller Machines, ATM Modules, Components Thereof, and Products Containing the Same, 7831-7832 2016-03052 Investigations; Determinations, Modifications, and Rulings, etc.: Surgical Stapler Devices and Components Thereof, 7830-7831 2016-03028 Justice Department Justice Department NOTICES Proposed Consent Decrees under the Clean Air Act, 7832 2016-03065 Labor Department Labor Department See Occupational Safety and Health Administration Maritime Maritime Administration NOTICES Requests for Administrative Waivers of the Coastwise Trade Laws:
Vessel ABBEY ROAD, 7887-7888 2016-03007 Vessel LIMERICK, 7888-7889 2016-03008 Vessel LONE STAR, 7889 2016-03002 Vessel MISTY, 7888 2016-03009 Vessel TIME MACHINE, 7887 2016-03004 NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Extraordinary Contractual Action Requests, 7798 2016-03045 Schedules for Construction Contracts, 7799 2016-03012 National Credit National Credit Union Administration NOTICES Meetings;
Sunshine Act, 7832 2016-03210 National Endowment for the Humanities National Endowment for the Humanities NOTICES Meetings: National Council on the Humanities, 7832-7833 2016-03063 National Foundation National Foundation on the Arts and the Humanities See National Endowment for the Humanities National Highway National Highway Traffic Safety Administration NOTICES Importation Eligibility; Petitions: Nonconforming Model Year 2014 Mercedes-Benz SLK Class Passenger Cars, 7889-7891 2016-02968 Meetings:
Driving Behavioral Change in Traffic Safety, 7891 2016-03040 National Institute Food National Institute of Food and Agriculture RULES Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 7695-7698 2016-02473 National Institute National Institutes of Health NOTICES Government-Owned Inventions; Availability for Licensing, 7820-7821 2016-02970 2016-02971 Meetings: Center for Scientific Review, 7819-7822 2016-02972 2016-02973 2016-02974 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic:
Coral, Coral Reefs, and Live/Hard Bottom Habitats of the South Atlantic Region; Amendment 8; Correction, 7715 C1--2015--25488 NOTICES Meetings: Fisheries of the South Atlantic; South Atlantic Fishery Management Council, 7761 2016-03050 Fisheries of the South Atlantic; Southeast Data, Assessment, and Review, 7760-7761 2016-03049 Permits: Endangered Species; File No. 19255, 7760 2016-03026 Endangered Species; File No.17364-01, 7761-7762 2016-03027 National Science National Science Foundation NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 7833-7834 2016-03029 Meetings; Sunshine Act, 7833 2016-03126 Navy Navy Department NOTICES Privacy Act; Systems of Records, 7768-7770 2016-02946 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Applications and Amendments Involving Proposed No Significant Hazards Considerations, etc., 7835-7847 2016-02916 Establishment of Atomic Safety and Licensing Board: Rare Element Resources, Inc., 7834-7835 2016-03055 Meetings: Atomic Safety and Licensing Board;
Hearing, 7835 2016-03054 Occupational Safety Health Adm Occupational Safety and Health Administration PROPOSED RULES Meetings: Occupational Exposure to Beryllium; Rescheduled, 7717-7718 2016-02782 Overseas Overseas Private Investment Corporation NOTICES Meetings; Sunshine Act, 7847 2016-03184 Personnel Personnel Management Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Privacy Act Request for Completed Standard Forms, 7847-7848 2016-03125 Postal Regulatory Postal Regulatory Commission PROPOSED RULES Procedures Related to Motions;
Correction, 7720 2016-02950 Presidential Documents Presidential Documents EXECUTIVE ORDERS Committees; Establishment, Renewal, Termination, etc.: Privacy Council, Federal; Establishment (EO 13719); Republication, 7959-7963 R1--2016--03141 Rural Business Rural Business-Cooperative Service RULES Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 7695-7698 2016-02473 Rural Housing Service Rural Housing Service RULES Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 7695-7698 2016-02473 Rural Utilities Rural Utilities Service RULES Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 7695-7698 2016-02473 Securities Securities and Exchange Commission NOTICES Program for Allocation of Regulatory Responsibilities:
Order Approving and Declaring Effective a Proposed Plan for the Allocation of Regulatory Responsibilities Between the Financial Industry Regulatory Authority, Inc. and the National Stock Exchange, Inc., 7871-7873 2016-02982 Self-Regulatory Organizations; Proposed Rule Changes: BATS Exchange, Inc., 7851-7853, 7857-7865 2016-02981 2016-02983 BOX Options Exchange, LLC, 7853-7856, 7873-7876, 7879-7882 2016-02985 2016-02987 2016-02988 Chicago Board Options Exchange, Inc., 7867-7871 2016-02986 EDGX Exchange, Inc., 7848-7851 2016-02984 Financial Industry Regulatory Authority, Inc., 7865-7867 2016-02990 Miami International Securities Exchange, LLC, 7877-7879 2016-02989 NYSE MKT, LLC, 7882-7884 2016-02980 Public Company Accounting Oversight Board, 7928-7957 2016-02875 Small Business Small Business Administration NOTICES Conflict of Interest Exemptions:
PennantPark SBIC II, LP, 7884 2016-03005 State Department State Department NOTICES Culturally Significant Objects Imported for Exhibition: Pharaoh -- King of Ancient Egypt Exhibition, 7884 2016-03218 Surface Mining Surface Mining Reclamation and Enforcement Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 7829-7830 2016-03056 2016-03109 Susquehanna Susquehanna River Basin Commission NOTICES Projects Approved for Consumptive Uses of Water, 7884-7886 2016-03051 Transportation Department Transportation Department See Federal Aviation Administration See Federal Transit Administration See Maritime Administration See National Highway Traffic Safety Administration Treasury Treasury Department See Foreign Assets Control Office Customs U.S.
Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Delivery Ticket, 7823-7824 2016-03068 Protest, 7824-7825 2016-03070 Expansion of Global Entry Eligibility to all Citizens of the Federal Republic of Germany, 7822-7823 2016-03030 Separate Parts In This Issue Part II Transportation Department, Federal Transit Administration, 7894-7925 2016-02821 Part III Securities and Exchange Commission, 7928-7957 2016-02875 Part IV Presidential Documents, 7959-7963 R1--2016--03141 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws.
To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 81 30 Tuesday, February 16, 2016 Rules and Regulations DEPARTMENT OF AGRICULTURE 2 CFR Parts 400, 415, 416, 418, and 422 Office of the Chief Financial Officer 7 CFR Parts 3015, 3016, 3018, 3019, 3022, and 3052 Farm Service Agency 7 CFR Parts 761 and 785 Commodity Credit Corporation 7 CFR Parts 1407 and 1485 National Institute of Food and Agriculture 7 CFR Parts 3400, 3401, 3402, 3403, 3405, 3406, 3407, 3415, 3430, and 3431 Rural Utilities Service 7 CFR Parts 1703, 1709, 1710, 1717, 1724, 1726, 1737, 1738, 1739, 1740, 1773, 1774, 1775, 1776, 1778, 1779, 1780, 1782, and 1783 Rural Business-Cooperative Service Rural Housing Service Rural Utilities Service Farm Service Agency 7 CFR Parts 1942, 1944, 1951, and 1980 Rural Housing Service 7 CFR Parts 3570 and 3575 Rural Business-Cooperative Service Rural Utilities Service 7 CFR Parts 4274, 4279, 4280, 4284, 4285 and 4290 RIN 0505-AA15 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards AGENCY:
Office of the Chief Financial Officer, Farm Service Agency, Commodity Credit Corporation, National Institute of Food and Agriculture, Rural Utilities Service, Rural Business-Cooperative Service, Rural Housing Service, Department of Agriculture. ACTION: Final rule. SUMMARY: The Office of the Chief Financial Officer, Farm Service Agency, Commodity Credit Corporation, National Institute of Food and Agriculture, Rural Utilities Service, Rural Business-Cooperative Service and Rural Housing Service finalize their portion of the uniform federal assistance rule and amend specific regulations to reference the conforming changes published by the Office of Management and Budget
(OMB)in the **Federal Register** on December 19, 2014. DATES: This rule is effective February 16, 2016. FOR FURTHER INFORMATION CONTACT: Tyson Whitney, Office of the Chief Financial Officer, Director, Transparency and Accountability Reporting Division, United States Department of Agriculture, 1400 Independence Avenue SW., Washington, DC 20250-9011, 202-720-8978, *tyson.whitney@cfo.usda.gov.* SUPPLEMENTARY INFORMATION: OMB is streamlining the Federal government's guidance on Administrative Requirements, Cost Principles, and Audit Requirements for Federal awards. In a final rule published in the **Federal Register** on December 26, 2013, (78 FR 78590) OMB adopted final guidance, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance), that supersedes and streamlines requirements from OMB Circulars A-21, A-87, A-110, and A-122 (which were located previously in title 2 of the Code of Federal Regulation (CFR)); Circulars A-89, A-102, and A-133; and the guidance in Circular A-50 on Single Audit Act follow-up. The final guidance is located in title 2 part 200. On December 19, 2014, OMB published a joint interim final rule in the **Federal Register,** (79 FR 75871). OMB made technical corrections to the Uniform Guidance, and Federal awarding agencies, including the Department of Agriculture, Office of the Chief Financial Officer, Farm Service Agency, Commodity Credit Corporation, National Institute of Food and Agriculture, Rural Utilities Service, Rural Business-Cooperative Service and Rural Housing Service, implemented the guidance in their respective chapters and titles in the CFR. OMB's joint interim final rule requested additional comments on the rule. USDA received 13 comments. Of the 13 comments, one comment was directly related to USDA, Rural Housing Service (RHS). RHS will address this comment below as part of the preamble to 7 CFR 1944.422 of this final rule. The remaining comments were applicable to OMB and other Federal agencies. Notification was sent to OMB for resolution. As part of the December 2014 rulemaking, the Office of the Chief Financial Officer adopted 2 CFR part 200, along with an agency-specific addendum in a new 2 CFR part 400. The Department of Agriculture added 2 CFR parts 415, 416, 418 and 422. In addition, the Office of the Chief Financial Officer removed parts 3015, 3016, 3018, 3019, 3022 and 3052 from title 7 of the CFR, as they became obsolete with the publication of the interim final rule. See 79 FR 75981, December 19, 2014. Title 2 of the CFR parts 400, 415, 416, 418 and 422 as described in the interim final rule are adopted with no changes. The Farm Service Agency 7 CFR parts 761 and 785, and Commodity Credit Corporation 7 CFR parts 1407 and 1485 as described in the interim final rule are adopted with no changes. The National Institute of Food and Agriculture 7 CFR parts 3400, 3401, 3402, 3403, 3405, 3406, 3407, 3415, 3430, and 3431 as described in the interim final rule are adopted with no changes. The Rural Utilities Service 7 CFR parts 1703, 1709, 1710, 1717, 1724, 1726, 1737, 1738, 1739, 1740, 1773, 1779, and 1782 as described in the interim final rule are adopted with no changes. The changes to 7 CFR parts 1774, 1775, 1776, 1778, 1780, and 1783 as described in the interim final rule are adopted with technical changes to address the following issues. First, there were specific new regulations (including 2 CFR parts 200, 400, or other 400 series regulations) that should have had been referenced in the conforming changes published in the December 19, 2014, rule, but which were inadvertently not included. An example is that the Emergency and Imminent Community Water Assistance Grants regulations (7 CFR part 1778) should have had a conforming change reference to 2 CFR parts 200 and 400. Second, there were some streamlining measures implemented by OMB that might be interpreted by some as not applicable to 7 CFR part 1780 without the technical corrections. Examples include the change from $100,000 to $150,000 for the Simplified Acquisition Threshold for small purchase procedures, an increase in the associated threshold for the use of construction surety bonds, the addition of micro-purchases, and changes to contract clauses. Current language at 7 CFR 1780.72(a) states that small purchase procedures are applicable to procurement under $100,000 rather than referencing the Simplified Acquisition Threshold. The technical corrections would enable the use of the OMB streamlining measures. A standard contract clause that had been in 7 CFR 3016.36 requiring compliance with state energy plans was removed by OMB and should also be removed from 7 CFR 1780.75. The Rural Housing Service, Rural Business-Cooperatives Service, Rural Utilities Service and Farm Service Agency 7 CFR parts 1942, 1951, and 1980 as described in the interim final rule are adopted with no changes. The regulation in 7 CFR part 1944 as described in the interim final rule is adopted with a technical change to 7 CFR 1944.422 in response to the following comment: *Comment:* It appears that the USDA Rural Development requirement for an audit to be submitted within 90 days of the end of the grantee's fiscal year (§ 1944.422) has not been brought in line with the overall deadline for audits contained in § 200.512(a)(1). It is almost impossible for USDA funded affordable housing NFE's to complete the audit process and have even a draft Single Audit report within 90 days of the end of their fiscal year. Many of these organizations have related LLC's for which they are general partners and they must wait for the completion of those related entities' audit before completing the overall organization's audit. Why was this unreasonable audit deadline not reviewed or revised with the publication of the interim rule? *Response:* USDA Rural Development agrees the regulation must be clear and consistent. The omission of language in 7 CFR 1944.422 was an oversight. We amended 7 CFR 1944.422 to address the oversight. The Rural Housing Service 7 CFR parts 3570 and 3575 as described in the interim final rule are adopted with no changes. The Rural Business-Cooperative Service and Rural Utilities Service 7 CFR parts 4274, 4279, 4280, 4284, 4285, and 4290 as described in the interim final rule are adopted with no changes. Because the changes identified in the preamble are merely technical, advance notice and public comment are unnecessary and we find good cause to make these necessary changes effective immediately upon publication. Regulatory Analysis For the regulatory analysis regarding this rulemaking, please refer to the analysis prepared by OMB in the interim final rule, which is incorporated herein. See 79 FR 75876, December 19, 2014. Executive Order 12866 Determination Pursuant to Executive Order 12866, OMB has determined this final rule to be not significant. OMB has not reviewed this rule. List of Subjects in 2 CFR Parts 400, 415, 416, 418, and 422; 7 CFR Parts 761, 785, 1407, 1485, 1703, 1709, 1710, 1717, 1724, 1726, 1737, 1738, 1739, 1740, 1773, 1774, 1775, 1776, 1778, 1779, 1780, 1782, 1783, 1942, 1944, 1951, 1980, 3015, 3016, 3018, 3019, 3022, 3052, 3400, 3401, 3402, 3403, 3405, 3406, 3407, 3415, 3430, 3431, 3570, 3575, 4274, 4279, 4280, 4284, 4285, and 4290 Accounting, Administrative practice and procedure, Agriculture, Auditing, Business and industry, Colleges and universities, Community development, Cost principles, Economic development, Government Contracts, Grants administration, Grant programs, Grant programs housing and community development, Hospitals, Indians, Loan programs—agriculture, Nonprofit organizations, State and local governments, Reporting and recordkeeping requirements, Research misconduct, Rural areas. For the reasons discussed above, the interim rule adding 2 CFR parts 400, 415, 416, 418, and 422, removing 7 CFR parts 3015, 3016, 3018, 3019, 3022, and 3052, and amending 7 CFR parts 761, 785, 1407, 1485, 1703, 1709, 1710, 1717, 1724, 1726, 1737, 1738, 1739, 1740, 1773, 1774, 1775, 1776, 1778, 1779, 1780, 1782, 1783, 1942, 1944, 1951, 1980, 3400, 3401, 3402, 3403, 3405, 3406, 3407, 3415, 3430, 3431, 3570, 3575, 4274, 4279, 4280, 4284, 4285, and 4290, which was published at 79 FR 75871 on December 19, 2014, is adopted as a final rule with the following changes: Title 7—Agriculture PART 1774—SPECIAL EVALUATION ASSISTANCE FOR RURAL COMMUNITIES AND HOUSEHOLDS PROGRAM (SEARCH) 1. The authority citation for part 1774 continues to read as follows: Authority: 7 U.S.C. 1926(a)(2)(C). Subpart A—General Provisions 2. Amend § 1774.8 by revising paragraphs
(g)through
(j)and adding paragraph
(k)to read as follows: § 1774.8 Other Federal Statutes.
(g)2 CFR part 415—General Program Administrative Requirements.
(h)2 CFR part 180, as adopted by USDA through 2 CFR part 417, Nonprocurement Debarment and Suspension, implementation of Executive Order 12549 on debarment and suspension.
(i)2 CFR part 418, New Restrictions on Lobbying, prohibiting the use of appropriated funds to influence Congress or a Federal agency in connection with the making of any Federal grant and other Federal contracting and financial transactions.
(j)2 CFR part 421, Requirements for Drug-Free Workplace (Financial Assistance), implementing the Drug-Free Workplace Act of 1988 (41 U.S.C 8102).
(k)7 CFR part 15b, USDA implementation of section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), as amended, prohibiting discrimination on the basis of physical or mental handicap in Federally assisted programs. PART 1775—TECHNICAL ASSISTANCE GRANTS 3. The authority citation for part 1775 continues to read as follows: Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 16 U.S.C. 1005. Subpart A—General Provisions 4. Amend § 1775.8 by adding paragraphs
(g)and
(k)to read as follows: § 1775.8 Other Federal statutes.
(g)2 CFR part 415—General Program Administrative Requirements.
(k)2 CFR part 200, subpart F—Audit Requirements. PART 1776—HOUSEHOLD WATER WELL SYSTEM GRANT PROGRAM 5. The authority citation for part 1776 continues to read as follows: Authority: 7 U.S.C. 1926e. Subpart A—General 6. Revise § 1776.2 to read as follows: § 1776.2 Uniform Federal Assistance Provisions.
(a)This program is subject to the general provisions that apply to all grants made by USDA and that are set forth in 2 CFR part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, as adopted by USDA through 2 CFR part 400, as well as the following:
(1)2 CFR part 415—General Program Administrative Requirements.
(2)2 CFR part 180, as adopted by USDA through 2 CFR part 417, Nonprocurement Debarment and Suspension, implementing Executive Order 12549 on debarment and suspension.
(3)2 CFR part 418, New Restrictions on Lobbying, prohibiting the use of appropriated funds to influence Congress or a Federal agency in connection with the making of any Federal grant and other Federal contracting and financial transactions.
(4)2 CFR part 421, Requirements for Drug-Free Workplace (Financial Assistance), implementing the Drug-Free Workplace Act of 1988 (41 U.S.C 8102).
(b)[Reserved] PART 1778—EMERGENCY AND IMMINENT COMMUNITY WATER ASSISTANCE GRANTS 7. The authority citation for part 1778 continues to read as follows: Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 16 U.S.C. 1005. 8. Amend § 1778.14 by revising paragraph
(e)and adding paragraphs
(g)through
(i)to read as follows: § 1778.14 Other considerations.
(e)*Governmentwide debarment and suspension (nonprocurement).* All projects must comply with the requirements of 2 CFR part 180, as adopted by USDA through 2 CFR part 417, Nonprocurement Debarment and Suspension, implementing Executive Order 12549 on debarment and suspension.
(g)*Uniform administrative requirements.* All projects funded under this part are subject to 2 CFR part 200, as adopted by USDA through 2 CFR part 400, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, and 2 CFR part 415, General Program Administrative Requirements.
(h)*Restrictions on lobbying.* All projects funded under this part are subject to 2 CFR part 418, New Restrictions on Lobbying.
(i)*Requirements for drug-free workplace.* This program is subject to 2 CFR part 421, Requirements for Drug-Free Workplace (Financial Assistance). PART 1780—WATER AND WASTE LOANS AND GRANTS 9. The authority citation for part 1780 continues to read as follows: Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 16 U.S.C. 1005. Subpart A—General Policies and Requirements 10. Amend § 1780.1 as follows: a. Revise paragraph (l)(3); b. Remove paragraphs (l)(4) and (5); and c. Revise paragraph (m). The revisions read as follows: § 1780.1 General.
(l)* * *
(3)2 CFR part 421-Requirements for Drug-Free Workplace (Financial Assistance).
(m)Applicants for loan or grant assistance will be required to comply with the following requirements as applicable:
(1)2 CFR part 200, subpart F, “Audit Requirements.”
(2)2 CFR part 180, as adopted by USDA through 2 CFR part 417, Nonprocurement Debarment and Suspension, implementation of Executive Order 12549 and Executive Order 12689 on debarment and suspension.
(3)2 CFR part 418, New Restrictions on Lobbying. 11. Amend § 1780.3 by adding, in alphabetical order, the definition for “Simplified acquisition threshold” to read as follows: § 1780.3 Definitions and grammatical rules of construction.
(a)* * * *Simplified acquisition threshold* means the dollar amount below which an applicant or owner may purchase property or services using small purchase methods as defined further at 2 CFR 200.88. Subpart C—Planning, Designing, Bidding, Contracting, Constructing and Inspections 12. Amend § 1780.72 by revising the introducty text to read as follows: § 1780.72 Procurement methods. Procurement shall be made by one of the following methods and in accordance with requirements of 2 CFR 200.320: Micro-purchases, procurement by small purchase procedures, procurement by sealed bids (formal advertising), procurement by competitive proposals, or procurement by noncompetitive proposals. The sealed bid method is the preferred method for procuring construction. 13. Amend § 1780.75 as follows: a. In paragraph (a), remove “Contracts other than small purchases” and add “Contracts for more than the Simplified Acquisition Threshold” in its place; b. In paragraph (c), remove “exceeding $100,000,” and add “exceeding the Simplified Acquisition Threshold,” in its place; c. Remove and reserve paragraphs
(f)and (g); d. Revise paragraph (k); and e. Add paragraphs
(l)through (o). The revision and additions reads as follows: § 1780.75 Contract provisions.
(k)*Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1388).* Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the contractor to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
(l)*Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708).* Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR part 5). Under 40 U.S.C. 3702, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market.
(m)*Debarment and suspension.* A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR part 180, as supplemented by 2 CFR part 417, “Debarment and Suspension.” SAM exclusion records contain the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
(n)*Byrd anti-lobbying amendment (31 U.S.C. 1352).* Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.
(o)*Procurement of recovered materials.* A public body, such as a state government, state agency, municipality, county, district, authority, or other political subdivision of a state, territory or commonwealth, must ensure its contracts include provisions requiring compliance with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency
(EPA)at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. PART 1783—REVOLVING FUNDS FOR FUNDING WATER AND WASTEWATER PROJECTS (REVOLVING FUND PROGRAM) 14. The authority citation for part 1783 continues to read as follows: Authority: 7 U.S.C. 1926 (a)(2)(B). Subpart A—General 15. Amend § 1783.2 by adding paragraphs (c), (d), and
(e)to read as follows: § 1783.2 What Uniform Federal Assistance Provisions apply to the Revolving Fund Program?
(c)2 CFR part 180, as adopted by USDA through 2 CFR part 417, Nonprocurement Debarment and Suspension, implementing Executive Order 12549 and Executive Order 12689 on debarment and suspension.
(d)This program is subject to 2 CFR part 418, New Restrictions on Lobbying, prohibiting the use of appropriated funds to influence Congress or a Federal agency in connection with the making of any Federal grant and other Federal contracting and financial transactions.
(e)This program is subject to 2 CFR part 421, Requirements for Drug-Free Workplace (Financial Assistance), implementing the Drug-Free Workplace Act of 1988 (41 U.S.C. 8102). PART 1944—HOUSING 16. The authority for part 1944 continues to read as follows: Authority: 5 U.S.C. 301; 42 U.S.C. 1480. Subpart I—Self-Help Technical Assistance Grants § 1944.422 [Amended] 17. Amend § 1944.422 in the introductory text by removing “within 90 days of the end of the grantee's fiscal year, grant period, or termination of the grant.” and adding “the earlier of 30 calendar days after receipt of the auditor's report or nine months after the end of the grantee's audit period.” in its place. Jon M. Holladay, Chief Financial Officer. [FR Doc. 2016-02473 Filed 2-12-16; 8:45 am]
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