Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2016-10-27.xml --- 81 208 Thursday, October 27, 2016 Contents Agricultural Marketing Agricultural Marketing Service RULES Increased Assessment Rates: Apricots Grown in Designated Counties in Washington, 74659-74662 2016-25694 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Grain Inspection, Packers and Stockyards Administration Alcohol Tobacco Tax Alcohol and Tobacco Tax and Trade Bureau RULES Viticultural Areas:

Appalachian High Country, 74677-74681 2016-25970 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 74866-74867 2016-25971 Animal Animal and Plant Health Inspection Service PROPOSED RULES Imports: Hass Avocados from Colombia, 74722-74727 2016-26033 Orchids in Growing Media from Taiwan, 74720-74722 2016-26031 Safety Enviromental Enforcement Bureau of Safety and Environmental Enforcement NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Oil and Gas Well-Completion Operations, 74814-74816 2016-25959 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 74805-74806 2016-26019 Performance Review Board Members, 74806 2016-26023 Coast Guard Coast Guard RULES Drawbridge Operations: Sacramento River, Sacramento, CA, 74681-74682 2016-26015 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration See National Telecommunications and Information Administration See Patent and Trademark Office Community Living Administration Community Living Administration RULES Independent Living Services and Centers for Independent Living, 74682-74700 2016-25918 Defense Department Defense Department RULES Identification Cards for Members of the Uniformed Services, their Dependents, and other Eligible Individuals, 74874-74916 2016-24871 Education Department Education Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Credit Enhancement for Charter School Facilities Program Performance Report, 74778 2016-25957 Student Assistance General Provisions—Satisfactory Academic Progress Policy, 74777-74778 2016-25954 Meetings: President's Board of Advisors on Historically Black Colleges and Universities, 74778-74779 2016-25828 Energy Department Energy Department See Federal Energy Regulatory Commission PROPOSED RULES Energy Conservation Standards: Residential Central Air Conditioners and Heat Pumps;

Availability of Provisional Analysis Results, 74727-74730 2016-26007 NOTICES Requests for Information: Approaches Involving Private Initiatives for Consolidated Interim Storage Facilities, 74779-74780 2016-26018 Environmental Protection Environmental Protection Agency PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Idaho; Partial Approval and Partial Disapproval of Attainment Plan for the Logan, Utah/Idaho Fine Particulate Matter Nonattainment Area, 74741-74750 2016-26016 Louisiana;

Regional Haze State Implementation Plan, 74750-74753 2016-25803 Texas; Control of Air Emissions from Visible Emissions and Particulate Matter, 74739-74741 2016-25983 Pesticide Petitions: Chemical Residue in or on Various Commodities, 74753-74755 2016-25926 2016-25927 Significant New Use Rule on Certain Chemical Substances, 74755-74761 2016-25933 NOTICES Certain New Chemicals: Receipt and Status Information for June 2016, 74784-74798 2016-26021 Control Techniques Guidelines for the Oil and Natural Gas Industry, 74798-74799 2016-25923 Pesticide Product Registrations:

Applications for New Uses, 74800 2016-25928 Public Water System Supervision Program Revisions: Maryland; Tentative Approval and Solicitation of Requests for Public Hearing, 74799-74800 2016-26020 Requests for Nominations: Experts to Augment the Science Advisory Board Chemical Assessment Advisory Committee for Review of Draft Toxicological Reviews for tert-Butyl Alcohol and Ethyl Tertiary Butyl Ether, 74782-74783 2016-25930 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives:

Airbus Helicopters Deutschland GmbH Helicopters, 74662-74663 2016-25741 Diamond Aircraft Industries GmbH Airplanes, 74664-74666 2016-25657 Embraer S.A. Airplanes, 74669-74671 2016-25660 Schempp-Hirth Flugzeugbau GmbH Gliders, 74666-74668 2016-25674 Prohibitions Against Certain Flights: Simferopoland Dnipropetrovsk Flight Information Regions; Extension, 74671-74675 2016-25962 Federal Communications Federal Communications Commission NOTICES Meetings, 74800-74802 2016-25936 Federal Deposit Federal Deposit Insurance Corporation NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 74802-74803 2016-25953 Terminations of Receivership: 10355, New Horizons Bank, East Ellijay, GA, 74802 2016-25952 Federal Emergency Federal Emergency Management Agency NOTICES Major Disaster Declarations: North Carolina, 74809 2016-25598 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 74780-74782 2016-25985 2016-25986 Petitions for Declaratory Orders: Leonard Matteson, 74781-74782 2016-25967 Federal Housing Finance Agency Federal Housing Finance Agency PROPOSED RULES Indemnification Payments;

Correction, 74739 2016-26028 Minority and Women Inclusion Amendments, 74730-74738 2016-25726 Federal Mine Federal Mine Safety and Health Review Commission NOTICES Meetings; Sunshine Act, 74803 2016-26069 2016-26073 Federal Motor Federal Motor Carrier Safety Administration RULES Qualification of Drivers: Physical Qualifications and Examinations; Medical Examination Report and Medical Examiner's Certificate Forms, 74700-74711 2016-25976 NOTICES Applications for Exemptions; Commercial Driver's License Standards:

Missouri Department of Revenue, 74861-74862 2016-25965 Motor Carrier Safety Assistance Program Multiyear Plans, 74862-74864 2016-25980 Federal Railroad Federal Railroad Administration NOTICES Applications: Approval of Discontinuance or Modification of a Railroad Signal System, 74864 2016-25975 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 74804 2016-26000 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 74803-74804 2016-26001 Foreign Trade Foreign-Trade Zones Board NOTICES Applications for Subzone Status:

CGT U.S. Limited, Foreign-Trade Zone 80, San Antonio, TX, 74763 2016-26025 General Services General Services Administration NOTICES Meetings: Office of Federal High-Performance Green Buildings Green Building Advisory Committee, 74804-74805 2016-26038 Grain Inspection Grain Inspection, Packers and Stockyards Administration NOTICES Designations: Mid-Iowa Grain Inspection, 74763 2016-25611 North Dakota Grain Inspection, 74762-74763 2016-25612 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Community Living Administration See Health Resources and Services Administration See Substance Abuse and Mental Health Services Administration Health Resources Health Resources and Services Administration NOTICES Petitions:

National Vaccine Injury Compensation Program, 74806-74808 2016-26012 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency Indian Affairs Indian Affairs Bureau RULES Courts of Indian Offenses: Wind River Indian Reservation, 74675-74677 2016-26039 NOTICES Court of Indian Offenses: Wind River Indian Reservation, 74809-74810 2016-26041 Interior Interior Department See Bureau of Safety and Environmental Enforcement See Indian Affairs Bureau See National Park Service See Ocean Energy Management Bureau Internal Revenue Internal Revenue Service NOTICES Meetings:

Advisory Council to the Internal Revenue Service, 74867 2016-25946 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Cased Pencils from the People's Republic of China; New Shipper Review, 2014-2015, 74764-74765 2016-26024 Determinations of Sales at Less than Fair Value: Phosphor Copper from the Republic of Korea, 74763-74764 2016-26027 Export Control Reform: Subsidy Programs Provided by Countries Exporting Softwood Lumber and Softwood Lumber Products to the United States, 74765-74766 2016-26030 Labor Department Labor Department See Occupational Safety and Health Administration Management Management and Budget Office NOTICES Requests for Comments:

Information Technology Modernization Initiative, 74817-74818 2016-25948 NASA National Aeronautics and Space Administration RULES Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 74657-74659 2016-26014 National Highway National Highway Traffic Safety Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 74865 2016-25977 National Oceanic National Oceanic and Atmospheric Administration RULES Petition for Rulemaking;

Response: Designating the Sakhalin Bay-Nikolaya Bay-Amur River Stock of Beluga Whales as a Depleted Stock under the Marine Mammal Protection Act, 74711-74719 2016-25984 NOTICES Endangered and Threatened Species: Recovery Plans, 74770-74773 2016-25973 Take of Anadromous Fish, 74769-74770 2016-25922 Meetings: New England Fishery Management Council, 74767-74769 2016-25999 2016-26004 New England Fishery Management Council; Cancellation, 74766-74767 2016-25997 2016-25998 North Pacific Fishery Management Council, 74767 2016-26005 National Park National Park Service NOTICES Boundary Adjustments:

Hopewell Culture National Historical Park, 74811 2016-26013 Environmental Impact Statements; Availability, etc.: Fire Island Wilderness Breach Management Plan, Fire Island National Seashore, NY, 74810-74811 2016-26009 Inventory Completions: San Diego Museum of Man, San Diego, CA, 74811-74813 2016-25945 National Science National Science Foundation NOTICES Antarctic Conservation Act Permits, 74818 2016-25932 National Telecommunications National Telecommunications and Information Administration NOTICES Meetings:

Multistakeholder Process to Promote Collaboration on Vulnerability Research Disclosure, 74773 2016-25944 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Environmental Assessments; Availability, etc.: Purdue University Reactor, 74822-74828 2016-25993 Exemptions and Combined License Amendments: Southern Nuclear Operating Co.; Vogtle Electric Generating Plant, Units 3 and 4; Passive Core Cooling System Design Changes to Address Potential Gas Intrusion, 74819-74820 2016-25981 Exemptions:

Entergy Nuclear Operations, Inc., FitzPatrick Nuclear Power Plant, 74820-74822 2016-25989 License Amendments: Southern Nuclear Operating Co., Inc.; Joseph M. Farley Nuclear Plant, Units 1 and 2; Withdrawal, 74818-74819 2016-25987 License Renewals: Exelon Generation Co., LLC.; LaSalle County Station, Units 1 and 2, 74828 2016-25988 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Meetings: 32nd session of the UN Sub-Committee of Experts on the Globally Harmonized System of Classification and Labeling of Chemicals, 74816-74817 2016-26002 Ocean Energy Management Ocean Energy Management Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Oil Spill Financial Responsibility for Offshore Facilities, 74813-74814 2016-25943 Patent Patent and Trademark Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Patent Law Treaty, 74774 2016-25949 Patent Term Extension, 74775 2016-25951 Post Allowance and Refiling, 74773-74774 2016-25950 Applications: Standard ST.26, Recommended Standard for the Presentation of Nucleotide and Amino Acid Sequence Listings Using XML, 74775-74777 2016-25968 Securities Securities and Exchange Commission NOTICES Applications:

Nuveen Fund Advisors, LLC, et al., 74849-74851 2016-25942 Self-Regulatory Organizations; Proposed Rule Changes: Chicago Board Options Exchange, Inc., 74828-74840 2016-25940 New York Stock Exchange LLC, 74847-74849 2016-25937 NYSE Arca, Inc., 74840-74842 2016-25938 NYSE MKT LLC, 74842-74847, 74851-74852 2016-25939 2016-25941 Small Business Small Business Administration NOTICES Disaster Declarations: Florida; Amendment 1, 74853-74854 2016-25995 Kansas, 74854 2016-26006 North Carolina;

Amendment 7, 74852-74853 2016-26029 South Carolina, 74853 2016-25996 South Carolina; Amendment 2, 74853 2016-25994 Social Social Security Administration NOTICES Cost-of-Living Increase and Other Determinations for 2017, 74854-74859 2016-26026 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 74808 2016-25956 Trade Representative Trade Representative, Office of United States NOTICES World Trade Organization Dispute Settlement Proceedings:

China—Export Duties on Certain Raw Materials, 74859-74861 2016-25990 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See National Highway Traffic Safety Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 74865-74866 2016-26034 Treasury Treasury Department See Alcohol and Tobacco Tax and Trade Bureau See Internal Revenue Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 74868-74870 2016-25934 2016-25974 2016-26032 Applications: Reduce Benefits Multiemployer Pension Plan, 74867-74868 2016-25961 Veteran Affairs Veterans Affairs Department NOTICES Environmental Impact Statements; Availability, etc.: Replacement Veterans Affairs Medical Center, Louisville, KY, 74870-74871 2016-25964 Separate Parts In This Issue Part II Defense Department, 74874-74916 2016-24871 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 electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 81 208 Thursday, October 27, 2016 Rules and Regulations NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 2 CFR Part 1800 RIN 2700-AE29 Revisions to Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards (NASA Case 2015-N030) AGENCY:

National Aeronautics and Space Administration. ACTION: Final rule. SUMMARY: NASA is issuing a final rule to amend its regulations, titled Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards to revise the requirements related to information contained in a Federal award for commercial firms with no cost sharing requirement and to add new or modify existing terms and conditions related to indirect cost charges and access to research results.

DATES: *Effective:* November 28, 2016. FOR FURTHER INFORMATION CONTACT: Jennifer Richards, telephone 202-358-0047. SUPPLEMENTARY INFORMATION: I. Background NASA published a proposed rule in the **Federal Register** at 81 FR 24735 on April 27, 2016, to amend title 2 CFR part 1800, titled Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards to modify the requirements related to information contained in a Federal award for commercial firms with no cost sharing requirement and to add new or modify existing terms and conditions related to indirect cost charges and access to research results.

Eight respondents submitted public comments in response to the proposed rule. II. Discussion and Analysis A. This final rule makes the following significant changes from the proposed rule: • 2 CFR part 1800, appendix B, 1800.929 was changed to state an exclusion for institutions of higher education as prescribed under 2 CFR part 200. • 2 CFR part 1800, appendix B, 1800.930(a)(2) was changed to reflect that all graphics and supplemental materials submitted must be those prepared by the Awardee. • 2 CFR part 1800, appendix B, 1800.930(b)(2) was changed to reflect a modification to the submission deadline for the Final Peer-Reviewed Manuscript to within one year of completion of the peer review process. • 2 CFR part 1800, appendix B, 1800.930(b)(2) was changed to add a statement indicating that NASA would provide instructions for completing the submission process under separate cover. • 2 CFR part 1800, appendix B, 1800.930(b)(2) was changed to include a more direct link to the PubMed Central system. • 2 CFR part 1800, appendix B, 1800.930(b)(4) was changed to include a representation and warranty in respect of the right to submit the Final Peer-Reviewed Manuscript to the NASA repository. • For added visibility, an administrative change was made to 2 CFR part 1800, appendix B, 1800.930 to move a requirement from paragraph (b)(4) into a new paragraph (b)(5).

B. Analysis of Public Comments NASA reviewed the public comments in the development of the final rule. A discussion of the comments and the changes made to the rule as a result of those comments is provided, as follows: 1. Change in Negotiated Indirect Cost Rate Agreement During the Period of Performance of an Award *Comment:* One respondent recommended that the term and condition clarify that indirect cost rates may only be adjusted when a provisional rate is in place at the time of award.

The respondent also recommended that the term and condition acknowledge that institutions of higher education must follow indirect cost guidance provided in 2 CFR part 200, appendix III.C.7. *Response:* NASA concurs that institutions of higher education must follow indirect cost guidance in 2 CFR part 200, appendix III.C.7. However, we note that the guidance stating indirect cost rates may only be adjusted when a provisional rate is in place at the time of award applies only to IHEs and not to other types of non-Federal entities.

As a result, we will adjust the term and condition to reflect the exclusion for institutions of higher education. 2. Final Peer-Reviewed Manuscript *Comment:* One respondent recommended that due to intellectual property concerns associated with the use of graphics, NASA modify its definition of the Final Peer-Reviewed Manuscript to include the text and author-created graphics, and note that supplemental materials (or links to the same) may be included where helpful to understanding the text. *Response:* To address this concern, NASA has modified the language in the term and condition. 3.

PubMed Central System as the NASA-Designated Repository for Final Peer-Reviewed Manuscripts *Comment:* Three respondents expressed concern with using the PubMed Central system as the NASA-designated repository for Final Peer-Reviewed Manuscripts, and recommended consideration of alternative repositories to potentially increase flexibility and reduce administrative burden. *Response:* The term and condition was written to ensure compliance with NASA's Plan. During the public consultation phase of the development of the Plan, alternative repositories were considered.

However, the PubMed Central system emerged as the most mature and the lowest risk for NASA. Alternative solutions may be considered in Phase 2. 4. One Year Submission Period *Comment:* One respondent recommended that the language describing the submission period of “within one year of peer-review or publication by a journal, whichever is sooner” be modified to reflect that the length of the embargo period is provisional, since the Office of Science and Technology Policy

(OSTP)memo allows for publishers to petition for a longer embargo period. *Response:* NASA does not believe such a change is necessary because the requirement for submission is not inconsistent with the ability of publishers to petition for more time since the manuscripts do not automatically become public when uploaded. 5. Embargo Period *Comment:* One respondent expressed concern over the use of an initial twelve month uniform embargo period for all fields of research, as well as the criteria used for potentially lengthening the embargo period. The respondent did not believe the criteria reflected the primary purpose of such a period, and suggested that NASA look to language in the National Science Foundation's plan regarding petitions. *Response:* The term and condition was written to ensure compliance with NASA's Plan. Because OSTP recommended 12 months as the default period, and 12 months is the maximum and most common period for PubMed Central, NASA chose an embargo period of 12 months. NASA used a public consultation process for developing the plan and believes the current language is in NASA's best interest. 6. Ambiguous Language *Comment:* Two respondents stated that the language in the direction to submit the Final Peer-Reviewed Manuscript within one year of peer-review or publication by a journal, whichever is earlier, is ambiguous and should be clarified. *Response:* To address this concern, NASA has modified the language in the term and condition. 7. Publisher's Agreements *Comment:* One respondent stated that award recipients are not party to publisher's agreements, and therefore, recommended that the obligation of publisher's agreements be limited to investigators rather than recipients. *Response:* In the proposed revision at 1800.930, NASA defined Awardee to mean any recipient of a NASA grant or cooperative agreement as well as its investigators and subrecipients at any level. If the recipient is not the investigator/author, then NASA expects that the recipient will be in privity with ( *i.e.,* have their own agreement with) the investigator/author, and can therefore enforce the obligation regarding publishing agreements. NASA is only in privity with the recipient, so NASA would not otherwise have the ability to enforce such obligation upon the investigator/author. *Comment:* Two respondents recommended that language requiring rights to permit users to download XML and plain text formats be removed. One respondent suggested a technology-neutral approach be used to allow for potential future changes in technology, and another respondent suggested specifying the requirements in either broader terms or more specific terms—the middle ground approach that is currently being used is ambiguous. *Response:* The term and condition was written to ensure compliance with NASA's Plan. NASA used a public consultation process for developing the plan and believes the current language is in NASA's best interest. 8. Copyright Protection *Comment:* One respondent recommended that NASA add language that recognizes that the rights provided to NASA to permit users to download materials can be limited by commercial use and other appropriate restrictions chosen by the author and copyright holder. Another respondent commented that NASA should support and uphold copyright protections for scholarly publications. *Response:* The U.S. Government has unlimited rights in data deliverables produced under grant agreements, and has an obligation to assure that such deliverables are available for taxpayer use in accordance with law and regulation. This includes peer-reviewed articles funded with NASA grants. In recognition of the valuable contributions of publishers to the scholarly process, NASA is implementing embargo periods that permit publishers to benefit from a period of exclusive distribution. 9. Responsibility for Claims Against NASA *Comment:* Three respondents stated that either they or those they represent will not be able to meet this requirement due to state statutes that do not grant authority to represent non-state personnel or entities. *Response:* To address this concern, NASA has modified the language in the term and condition. C. Other Changes During internal deliberations some minor changes were made as follows: • 2 CFR part 1800, appendix B, 1800.930(b)(2) was changed to add a statement indicating that NASA would provide instructions for completing the submission process under separate cover. • 2 CFR part 1800, appendix B, 1800.930(b)(2) was changed to include a more direct link to the PubMed Central system. • For added visibility, an administrative change was made to 2 CFR part 1800, appendix B, 1800.930 to move a requirement from paragraph (b)(4) into a new paragraph (b)(5). III. Executive Orders 12866 and 13563 Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). E.O. 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This is not a significant regulatory action and, therefore, was not subject to review under section 6(b) of E.O. 12866, Regulatory Planning and Review, dated September 30, 1993. This rule is not a major rule under 5 U.S.C. 804. IV. Regulatory Flexibility Act NASA certifies that this final rule will not have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, *et seq.,* because small entities are not a substantial number of NASA grant and cooperative agreement recipients. In addition, within the subset of awards issued to small entities, the majority are not for research so would not be affected by the new term and condition regarding access to research results. Furthermore, this rule actually benefits small businesses and all other for profit recipients by removing a requirement that could potentially expose sensitive financial information. NASA chose to remove the requirement for the inclusion of indirect cost rates on notices of Federal award in response to feedback from for profit recipients. V. Paperwork Reduction Act This rule contains information collection requirements that require the approval of the Office of Management and Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35); however, these changes to 2 CFR part 1800 do not impose additional information collection requirements to the paperwork burden previously approved under OMB Control Number 2700-0092, entitled Financial Assistant Awards/Grants and Cooperative Agreements. List of Subjects in 2 CFR Part 1800 Government financial assistance. Manuel Quinones, NASA Federal Register Liaison Officer. Accordingly, 2 CFR part 1800 is amended as follows: 1. The authority citation for 2 CFR part 1800 continues to read as follows: Authority: 51 U.S.C. 20113(e), Pub. L. 97-258, 96 Stat. 1003 (31 U.S.C. 6301 *et seq.* ), and 2 CFR part 200. 2. Revise § 1800.210 to read as follows: § 1800.210 Information contained in a Federal award. NASA waives the requirement for the inclusion of indirect cost rates on any notice of Federal award for commercial firms with no cost sharing requirement. The terms and conditions for NASA may be found at appendix B of this part and *https://prod.nais.nasa.gov/pub/pub_library/srba.* 3. Amend appendix B to part 1800 by: a. Under 1800.902 Technical Publications and Reports, adding paragraph (a)(4); and b. Adding 1800.929 Indirect Costs and 1800.930 Access to Research Results. The additions read as follows: Appendix B to Part 1800—Terms and Conditions 1800.902 Technical Publications and Reports

(a)* * *

(4)For research and research-related awards, see additional reporting requirements at 1800.930 Access to Research Results. 1800.929 Indirect Costs Prescription—The Grant Officer shall include this term and condition in all awards with indirect costs, excluding those awards to institutions of higher education and to entities using the 10% de minimis rate. Indirect Costs Unless otherwise directed in 2 CFR part 200, if during the course of this award, the approved indirect cost rate is revised, changed or removed, that rate must be applied, as allowed, to the covered direct costs that are expended during the time frame of that rate agreement. Any corrections, either up or down, to the approved budget submitted with the awarded application must be reflected in the awardees' records of costs and should be audited as such. (End of Term and Condition) 1800.930 Access to Research Results Prescription—The Grant Officer shall include this term and condition in all research and research-related awards. Access to Research Results

(a)This award is subject to the requirements of the, “NASA Plan: Increasing Access to the Results of Scientific Research,” which covers public access to digital scientific data and peer-reviewed publications. For purposes of this term and condition, the following definitions apply:

(1)Awardee: Any recipient of a NASA grant or cooperative agreement, its investigators, and subrecipient (subaward or contract as defined in 2 CFR 200.92 and 200.22, respectively) at any level.

(2)Final Peer-Reviewed Manuscript: The final text version of a peer-reviewed article disclosing the results of scientific research which is authored or co-authored by the Awardee or funded, in whole or in part, with funds from a NASA award, that includes all modifications from the publishing peer review process, and all graphics and supplemental material prepared by Awardee.

(b)The recipient shall:

(1)Comply with their approved Data Management Plan submitted with its proposal, and as modified upon agreement by the recipient and NASA from time to time during the course of the period of performance.

(2)Ensure that any Final Peer-Reviewed Manuscript is submitted to the NASA-designated repository, currently the PubMed Central system at *http://www.ncbi.nlm.nih.gov/pmc/.* NASA will provide instructions for completing the submission process under separate cover. Ensure that the Final Peer-Reviewed Manuscript is submitted to PubMed Central within one year of completion of the peer review process.

(3)Ensure that any publisher's agreements entered into by an Awardee will allow for the Awardee to comply with these requirements including submission of Final Peer-Reviewed Manuscripts to the NASA-designated repository, as listed in paragraph (b)(2) of this term and condition, with sufficient rights to permit such repository to use such Final Peer-Reviewed Manuscript in its normal course, including rights to permit users to download XML and plain text formats.

(4)Hereby represent and warrant that Awardee has secured for recipient the right to submit the Final Peer-Reviewed Manuscript to the NASA-designated repository for use as set forth herein.

(5)Include in annual and final reports a list of Final Peer-Reviewed Manuscripts covered by this term and condition. (End of Term and Condition) [FR Doc. 2016-26014 Filed 10-26-16; 8:45 am]

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