Unknown. Direct final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2020-11-12.xml --- 85 219 Thursday, November 12, 2020 Contents Agency Health Agency for Healthcare Research and Quality NOTICES Supplemental Evidence and Data Request: Malnutrition in Hospitalized Adults, 71902-71904 2020-24968 Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Forest Service Animal Animal and Plant Health Inspection Service NOTICES Assessment: Pioneer Hi-Bred International, Inc.;

Plant Pest Risk Similarity Assessment for an Extension of Determination of Nonregulated Status for Maize for Use in the Seed Production Technology for Africa Process, 71875-71876 2020-25037 Consumer Financial Protection Bureau of Consumer Financial Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 71886-71887 2020-24995 Fiscal Bureau of the Fiscal Service NOTICES Rate for Federal Debt Collection, and Discount and Rebate Evaluation, 71992 2020-25018 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Medicare Program:

CY 2021 Inpatient Hospital Deductible and Hospital and Extended Care Services Coinsurance Amounts, 71916-71920 2020-25024 CY 2021 Part A Premiums for the Uninsured Aged and for Certain Disabled Individuals Who Have Exhausted Other Entitlement, 71913-71916 2020-25028 Medicare Part B Monthly Actuarial Rates, Premium Rates, and Annual Deductible Beginning January 1, 2021, 71904-71913 2020-25029 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Copyright Office Copyright Office, Library of Congress RULES Mandatory Deposit of Electronic-Only Books, 71834-71838 2020-23101 Corporation Corporation for National and Community Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Application Package for Disaster Response Cooperative Agreement, 71887-71888 2020-24945 Defense Department Defense Department See Engineers Corps See Navy Department Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Work Colleges Expenditure Report, 71889-71890 2020-24992 Employee Benefits Employee Benefits Security Administration RULES Transparency in Pricing, 72158-72310 2020-24591 Employment and Training Employment and Training Administration NOTICES Final Finding of No Significant Impact:

Atterbury Job Corps Center Proposed Disposal and Reuse of Excess Property, 71945-71946 2020-24974 New Orleans Job Corps Center Proposed Disposal and Reuse of Excess Property, 71945 2020-24975 Energy Department Energy Department See Federal Energy Regulatory Commission Engineers Engineers Corps NOTICES Interim Report: Buffalo Bayou and Tributaries, Texas Resiliency Study; Extension of Public Comment Period, 71888-71889 2020-24969 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans;

Approvals and Promulgations: California; Butte County; El Dorado County; Mojave Desert Air Quality Management District; San Diego County; Ventura County, 71846-71848 2020-23551 Hazardous and Solid Waste Management System: Disposal of Coal Combustion Residuals; A Holistic Approach to Closure Part B, Alternate Demonstration for Unlined Surface Impoundments, 72506-72543 2020-23327 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Survey of State Emergency Response Commissions, 71892-71893 2020-24998 Farm Credit Farm Credit Administration NOTICES Meetings;

Sunshine Act, 71893 2020-25120 Federal Aviation Federal Aviation Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Recording of Aircraft Conveyances and Security Documents, 71987 2020-24952 Federal Communications Federal Communications Commission RULES Cable Service Change Notifications; Modernization of Media Regulation Initiative: Retransmission Consent, 71848-71855 2020-23305 NOTICES Media Bureau Lifts Freeze on the Filing of Television Station Minor Modification Applications and Rulemaking Petitions, 71894 2020-24996 Meetings:

Communications Security, Reliability, and Interoperability Council, 71894 2020-25015 Radio Broadcasting Services: AM or FM Proposals To Change the Community of License, 71894-71895 2020-24961 Federal Emergency Federal Emergency Management Agency NOTICES Final Flood Hazard Determinations, 71929-71930 2020-24973 Flood Hazard Determinations; Changes, 71931-71934 2020-24976 Flood Hazard Determinations; Changes; Correction, 71930-71931 2020-24982 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 71890-71892 2020-25002 2020-25005 Petition for Declaratory Order:

NextEra Energy, Inc., American Electric Power Co., Inc., Evergy, Inc., et al., 71892 2020-25001 Federal Reserve Federal Reserve System NOTICES Change in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 71895 2020-25010 Federal Trade Federal Trade Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 71900-71902 2020-25035 Proposed Consent Agreement: Pfizer, Inc. and Mylan NV, 71895-71900 2020-25021 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Species:

Section 4(d) Rule for Sickle Darter, 71859-71873 2020-24471 NOTICES Endangered and Threatened Species: Recovery Permit Application, 71940-71941 2020-25020 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 71922-71923, 71925 2020-25019 2020-25022 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Regulations for In Vivo Radiopharmaceuticals Used for Diagnosis and Monitoring, 71923-71924 2020-25023 Voluntary Disclosure of Sesame as an Allergen, 71920-71922 2020-24727 Foreign Claims Foreign Claims Settlement Commission NOTICES Meetings;

Sunshine Act, 71945 2020-25107 Forest Forest Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Collaborative Forest Landscape Restoration Program, 71876-71877 2020-24997 Health and Human Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Medicare & Medicaid Services See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health RULES Transparency in Pricing, 72158-72310 2020-24591 Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Maternal and Child Health Services Block Grant to States Program, 71925-71927 2020-25031 Homeland Homeland Security Department See Federal Emergency Management Agency See Transportation Security Administration See U.S. Citizenship and Immigration Services Housing Housing and Urban Development Department RULES Manufactured Housing Program: Minimum Payments to the States, 71831-71834 2020-24380 PROPOSED RULES Housing Opportunity Through Modernization Act:

Housing Choice Voucher and Project-Based Voucher Implementation; Additional Streamlining Changes; Extension of Comment Period, 71856 2020-25119 Manufactured Housing Program: Minimum Payments to the States, 71856-71859 2020-24382 NOTICES Relief from HUD Public Housing and Section 8 Requirements Available During CY 2020 and CY 2021 to Public Housing Agencies To Assist With Recovery and Relief Efforts on Behalf of Families Affected by Presidentially Declared Major Disasters, 71936-71940 2020-24955 Institute of Museum and Library Services Institute of Museum and Library Services NOTICES Meetings, 71951 2020-25025 Interior Interior Department See Fish and Wildlife Service See National Park Service Internal Revenue Internal Revenue Service RULES Guidance:

Allocation and Apportionment of Deductions and Foreign Taxes, Foreign Tax Redeterminations, Foreign Tax Credit Disallowance, Consolidated Groups, Hybrid Arrangements and Certain Payments, 71998-72075 2020-21819 Transparency in Pricing, 72158-72310 2020-24591 Updated Life Expectancy and Distribution Period Tables Used for Purposes of Determining Minimum Required Distributions, 72472-72503 2020-24723 PROPOSED RULES Guidance: Foreign Tax Credit; Clarification of Foreign-Derived Intangible Income, 72078-72156 2020-21818 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Exempt Organization Forms, 71992-71995 2020-25012 International Trade Adm International Trade Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Annual Report from Foreign-Trade Zones, 71877 2020-25017 Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Tin Mill Products From Japan, 71879-71880 2020-24994 Oil Country Tubular Goods From the People's Republic of China, 71877-71879 2020-24993 International Trade Com International Trade Commission NOTICES Investigations;

Determinations, Modifications, and Rulings, etc.: Certain Foldable Reusable Drinking Straws and Components and Accessories Thereof, 71942-71944 2020-24984 Chloropicrin From China, 71944 2020-24983 Justice Department Justice Department See Foreign Claims Settlement Commission Labor Department Labor Department See Employee Benefits Security Administration See Employment and Training Administration See Occupational Safety and Health Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Nondiscrimination Compliance Information Reporting, 71946 2020-25009 Susan Harwood Training Grant Program Grantee Quarterly Progress Report, 71946-71947 2020-25008 Vacancy Posting: Administrative Review Board; Correction, 71947 2020-24979 Legal Legal Services Corporation NOTICES Meetings; Sunshine Act, 71950-71951 2020-25161 Library Library of Congress See Copyright Office, Library of Congress NASA National Aeronautics and Space Administration RULES Seal, Insignia, Logotype, Program Identifiers, Flags, and the Unified Visual Communications System, 71827-71831 2020-23481 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 71815-71817 2020-24638 National Capital National Capital Planning Commission NOTICES Submission Guidelines, 71951 2020-24971 2020-24972 National Credit National Credit Union Administration RULES Corporate Credit Unions, 71817-71827 2020-23185 National Foundation National Foundation on the Arts and the Humanities See Institute of Museum and Library Services National Highway National Highway Traffic Safety Administration NOTICES Request for Information:

Impaired Driving Technologies, 71987-71989 2020-24951 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 71928 2020-24981 National Institute of Allergy and Infectious Diseases, 71928 2020-25051 National Institute of Mental Health, 71927 2020-24980 National Institute on Alcohol Abuse and Alcoholism, 71927 2020-24985 National Oceanic National Oceanic and Atmospheric Administration RULES Taking and Importing Marine Mammals: Incidental to the Navy Training and Testing Activities in the Northwest Training and Testing Study Area, 72312-72469 2020-23757 PROPOSED RULES Fisheries of the Northeastern United States:

Omnibus Framework Adjustment To Modify the Mid-Atlantic Fishery Management Council's Risk Policy, 71873-71874 2020-24944 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Gulf of Alaska Catcher Vessel and Processor Trawl Economic Data Report, 71886 2020-25040 Highly Migratory Species Vessel Logbooks and Cost-Earnings Data Reports, 71880-71881 2020-25041 Takes of Marine Mammals Incidental to Specified Activities: Incidental to Marine Site Characterization Surveys Off of Coastal Virginia, 71881-71886 2020-25034 National Park National Park Service NOTICES National Register of Historic Places:

Pending Nominations and Related Actions, 71941-71942 2020-25033 Navy Navy Department NOTICES Meetings: United States Naval Academy Board of Visitors, 71889 2020-24959 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Meetings; Sunshine Act, 71952 2020-25154 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Fire Protection in Shipyard Employment Standard, 71949-71950 2020-24977 Material Hoists, Personnel Hoists, and Elevators, 71947-71949 2020-24978 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Hazardous Materials:

Actions on Special Permits, 71989-71991 2020-24990 Applications for Modifications to Special Permits, 71989 2020-24989 Applications for New Special Permits, 71991-71992 2020-24991 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: National Apprenticeship Week (Proc. 10116), 72545-72548 2020-25191 World Freedom Day (Proc. 10117), 72549-72550 2020-25193 Securities Securities and Exchange Commission NOTICES Applications: Arena Holdings Management, LLC, 71971-71973 2020-24956 Self-Regulatory Organizations;

Proposed Rule Changes: Cboe BZX Exchange, Inc., 71952-71956, 71982-71984 2020-24962 2020-24965 Cboe EDGX Exchange, Inc., 71956-71958 2020-25057 Miami International Securities Exchange, LLC, 71958-71964 2020-24963 New York Stock Exchange, LLC, 71964-71971 2020-24986 The Depository Trust Co., 71973-71977 2020-25006 The Nasdaq Stock Market, LLC, 71964, 71977-71982 2020-24964 2020-24966 2020-24967 Surface Transportation Surface Transportation Board NOTICES Exemption: The Elk River Railroad, Inc., The Buffalo Creek Railroad Co., 71984-71985 2020-25016 Susquehanna Susquehanna River Basin Commission NOTICES Grandfathering Registration, 71985-71986 2020-24957 Meetings, 71986 2020-24958 Tennessee Tennessee Valley Authority NOTICES Meetings;

Sunshine Act, 71986-71987 2020-25153 Transportation Department Transportation Department See Federal Aviation Administration See National Highway Traffic Safety Administration See Pipeline and Hazardous Materials Safety Administration Security Transportation Security Administration NOTICES Meetings: Aviation Security Advisory Committee, 71934-71935 2020-25000 Treasury Treasury Department See Bureau of the Fiscal Service See Internal Revenue Service U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: myE-Verify Program, 71935-71936 2020-25039 Report of Request/Receipt of Benefits by Aliens, 71936 2020-25038 Veteran Affairs Veterans Affairs Department RULES Authority of Professionals to Practice Health Care, 71838-71846 2020-24817 Separate Parts In This Issue Part II Treasury Department, Internal Revenue Service, 71998-72075 2020-21819 Part III Treasury Department, Internal Revenue Service, 72078-72156 2020-21818 Part IV Health and Human Services Department, 72158-72310 2020-24591 Labor Department, Employee Benefits Security Administration, 72158-72310 2020-24591 Treasury Department, Internal Revenue Service, 72158-72310 2020-24591 Part V Commerce Department, National Oceanic and Atmospheric Administration, 72312-72469 2020-23757 Part VI Treasury Department, Internal Revenue Service, 72472-72503 2020-24723 Part VII Environmental Protection Agency, 72506-72543 2020-23327 Part VIII Presidential Documents, 72545-72550 2020-25191 2020-25193 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. 85 219 Thursday, November 12, 2020 Rules and Regulations NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 2 CFR Part 1800 [Document Number NASA-20-090; Docket Number NASA-2020-0006] RIN 2700-AE61 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards AGENCY:

National Aeronautics and Space Administration (NASA). ACTION: Direct final rule. SUMMARY: This direct final rule amends NASA's regulations on Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, to align with the Office of Management and Budget's

(OMB)recent amendments to its regulations on Grants and Agreements. DATES: This direct final rule is effective on January 11, 2021 without further action, unless adverse comment is received by December 14, 2020. If adverse comment is received, NASA will publish a timely withdrawal of the rule in the **Federal Register** . ADDRESSES: Comments must be identified with RINs 2700-AE61 and may be sent to NASA via the *Federal E-Rulemaking Portal: http://www.regulations.gov.* Follow the online instructions for submitting comments. Please note that NASA will post all comments on the internet without changes, including any personal information provided. FOR FURTHER INFORMATION CONTACT: Corey Walz, 202-940-6581, *corey.a.walz@nasa.gov.* SUPPLEMENTARY INFORMATION: Direct Final Rule and Significant Adverse Comments NASA has determined this rulemaking meets the criteria for a direct final rule because it makes nonsubstantive changes to NASA's regulations on Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards to align with OMB's recent amendments to its regulations on Grants and Agreements. No opposition to the changes and no significant adverse comments are expected. However, if NASA receives significant adverse comments, it will withdraw this direct final rule by publishing a document 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. Background Title 2 CFR part 1800, last amended on May 9, 2019 [84 FR 20240], adopts OMB's guidance in subparts A through F of 2 CFR part 200 as NASA's policies and procedures for uniform administrative requirements, cost principles, and audit requirement for Federal awards. NASA is amending 2 CFR part 1800 to align with the OMB's recent amendments to its regulations on Grants and Agreements published on August 13, 2020, at 85 FR 49506, which will become effective on November 12, 2020. Statutory Authority The National Aeronautics and Space Act (the Space Act), 51 U.S.C. 20113(a), authorizes the Administrator of NASA to make, promulgate, issue, rescind, and amend rules and regulations governing the manner of its operations and the exercise of the powers vested in it by law. Regulatory Analysis Executive Order 12866, Regulatory Planning and Review and Executive Order 13563, Improving Regulation and Regulatory Review Executive Orders (E.O.) 13563 and 12866 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 rule has been designated as “not significant” under section 3(f) of E.O. 12866. Review Under the Regulatory Flexibility Act The Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ) requires an agency to prepare an initial regulatory flexibility analysis to be published at the time the proposed rule is published. This requirement does not apply if the agency “certifies that the rule will not, if promulgated, have a significant economic impact on a substantial number of small entities” (5 U.S.C. 603). This rule aligns NASA's regulations on uniform administrative requirements, cost principles, and audit requirement for Federal awards with OMB's recent amendments to its regulations on Grants and Agreements published on August 13, 2020, at 85 FR 49506, which will become effective on November 12, 2020, and does not have a significant economic impact on a substantial number of small entities. Review Under the Paperwork Reduction Act This direct final rule does not contain any information collection requirements subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). Review Under E.O. 13132 E.O. 13132, “Federalism,” 64 FR 43255 (August 4, 1999) requires that regulations be reviewed for federalism effects on the institutional interest of states and local governments, and if the effects are sufficiently substantial, preparation of the Federal assessment is required to assist senior policy makers. These amendments will not have any substantial direct effects on state and local governments within the meaning of the E.O.. Therefore, no federalism assessment is required. Executive Order 13771—Reducing Regulation and Controlling Regulatory Costs This rule is not an E.O. 13771 regulatory action because this rule is not significant under E.O. 12866. 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 significantly or uniquely affect small governments. List of subjects in 2 CFR Part 1800 Grant programs, Grants administration. For reasons set forth in the preamble, NASA is amending 2 CFR part 1800 as follows: PART 1800—UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS 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. 2. Revise § 1800.3 to read as follows: § 1800.3 Applicability.

(a)This part establishes policies and procedures for grants and cooperative agreements awarded by NASA to non-Federal entities, for-profit organization, foreign organizations, and foreign public entities as allowed by 2 CFR 200.101. For supplemental guidance, NASA has adopted section numbers that correspond to those in the OMB guidance in 2 CFR part 200.

(1)Non-Federal entities must follow the policies and procedures appearing in subparts A through F of 2 CFR part 200 and as supplemented by this part.

(2)Foreign organizations and foreign public entities must follow the policies and procedures appearing in subparts A through E of 2 CFR part 200 and as supplemented by this part.

(3)U.S. and foreign for-profit organizations must follow the policies and procedures appearing in subparts A through D of 2 CFR part 200 and as supplemented by this part. The Federal Acquisition Regulation

(FAR)at 48 CFR parts 30 and 31 take precedence over the cost principles in subpart E of 2 CFR part 200 for Federal awards to U.S. and foreign for-profit organizations.

(b)Throughout this part, the term “award” refers to both “grant” and “cooperative agreement” unless otherwise indicated. (c)(1) In general, research with foreign organizations will not be conducted through grants or cooperative agreements, but instead will be accomplished on a no-exchange-of-funds basis. In these cases, NASA enters into agreements undertaking projects of international scientific collaboration. NASA's policy on performing research with foreign organizations on a no-exchange-of-funds basis is set forth at NASA FAR Supplement

(NFS)at 48 CFR 1835.016-70 and 1835.016-72. In rare instances, NASA may enter into an international agreement under which funds will be transferred to a foreign recipient.

(2)Grants or cooperative agreements awarded to foreign organizations are made on an exceptional basis only. Awards require the prior approval of the Headquarters Office of International and Interagency Relations and the Headquarters Office of the General Counsel. Requests to issue awards to foreign organizations are to be coordinated through the Office of the Chief Financial Officer, Policy Division. 3. Revise § 1800.5 to read as follows: § 1800.5 Publication. The official site for accessing the NASA grant and cooperative agreement policies, including notices, internal guidance, certifications, the NASA Grant and Cooperative Agreement Manual (GCAM), and other source information is on the internet at: *https://prod.nais.nasa.gov/pub/pub_library/srba/index.html.* Subpart A—Acronyms and Definitions 4. Revise § 1800.10 to read as follows: § 1800.10 Acronyms. The following acronyms supplement the acronyms set forth at 2 CFR 200.0: ACH Automated Clearing House AO Announcement of Opportunity CAN Cooperative Agreement Notice CFR Code of Federal Regulations CNSI Classified National Security Information EPA Environmental Protection Agency GCAM Grant and Cooperative Agreement Manual HBCU Historically Black Colleges and Universities LEP Limited English Proficiency MSI Minority-serving Institutions MYA Multiple Year Award NASA National Aeronautics and Space Administration NFS NASA FAR Supplement NPR NASA Procedural Requirements NRA NASA Research Announcement NSPIRES NASA Solicitation and Proposal Integrated Review and Evaluation System NSSC NASA Shared Services Center OMB Office of Management and Budget ONR Office of Naval Research RPPR Research Performance Progress Report STIP NASA Scientific and Technical Information Program 5. Revise § 1800.11 to read as follows: § 1800.11 Definitions. The following definitions are a supplement to the definitions set forth at 2 CFR 200.1. *Administrative Grant Officer* means a Federal employee delegated responsibility for award administration; *e.g.,* a NASA Grant Officer who has retained award administration responsibilities, or an Office of Naval Research

(ONR)Grant Officer delegated award administration by a NASA Grant Officer. *Effective date* means the date work can begin under an awarded instrument. This date is the beginning of the period of performance and can be earlier or later than the date of signature on a basic award. Expenditures made prior to the effective date are incurred at the recipient's risk unless prior written permission has been given by the Grant Officer. *For-profit organization* means any corporation, trust, or other organization that is organized primarily for profit. *Grant Officer* means a Federal employee responsible for the signing of the Federal award documents. *Historically Black Colleges and Universities (HBCUs)* means institutions determined by the Secretary of Education to meet the requirements of 34 CFR 608.2 and listed therein. *Minority-serving Institutions (MSIs)* 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 underrepresented in science and engineering) exceeds 50 percent of the total enrollment, as defined by the Higher Education Act

(HEA)(20 U.S.C. 1067k(3)). *NASA Technical Officer* means the NASA official responsible for the programmatic, scientific, and/or technical aspects of assigned applications and awards. *Original signature* means an authorized signature as described in this definition. If the system (such as NSPIRES) used to submit required documents allows for electronic signatures, then the submission of the documents, by the authorized representative of the organization serves as the required original signature. If, however, a paper copy submission is required, all documents submitted shall be appropriately signed in ink with an actual signature by the authorized representative of the organization. *Prescription* is defined as the written instructions, to the Grants Officer, for the application of terms and conditions. *Research misconduct* is defined in 14 CFR 1275.101. NASA policies and procedures regarding research misconduct are set forth in 14 CFR part 1275. *Summary of research* means a document summarizing the results of the entire project, which includes bibliographies, abstracts, and lists of other media in which the research was discussed. Subpart B—Pre-Federal Award Requirements and Contents of Federal Awards §§ 1800.208, 1800.209, and 1800.210 [Redesignated as §§ 1800.209, 1800.210, and 1800.211] 6. Redesignate §§ 1800.208, 1800.209, and 1800.210 as §§ 1800.209, 1800.210, 1800.211. 7. Revise newly redesignated § 1800.209 to read as follows: § 1800.209 Certifications and representations. The certifications and representations for NASA may be found in Appendix C of the GCAM, at: *https://prod.nais.nasa.gov/pub/pub_library/srba/index.html.* 8. Revise newly reedesignated § 1800.211 to read as follows: § 1800.211 Information contained in a Federal award. NASA waives the requirement for the inclusion of indirect cost rates on any notice of Federal award for for-profit organizations. The terms and conditions for NASA may be found in Appendix D of the GCAM at: *https://prod.nais.nasa.gov/pub/pub_library/srba/index.html.* Subpart C—Post Federal Award Requirements 9. Revise § 1800.305 to read as follows: § 1800.305 Federal payment. Payments under awards with for-profit organizations will be made based on incurred costs. Standard Form 425 is not required. For-profit organizations shall not submit invoices more frequently than quarterly. Payments to be made on a more frequent basis require the written approval of the Grant Officer. 10. Revise § 1800.306 to read as follows: § 1800.306 Cost sharing or matching. In some cases, NASA research projects require cost sharing or matching. Where cost sharing or matching is required, recipients must secure and document matching funds to receive the Federal award. 11. Revise § 1800.312 to read as follows: § 1800.312 Federally-owned and exempt property. Under the authority of the Chiles Act, 31 U.S.C. 6301 to 6308, NASA has decided to vest title to tangible personal property acquired with Federal funds in nonprofit institutions of higher education and nonprofit organizations whose primary purpose is conducting scientific research without further obligation to NASA, including reporting requirements. Award recipients that are not nonprofit institutions of higher education or nonprofit organizations whose primary purpose is conducting scientific research shall adhere to regulations at 2 CFR 200.312 through 200.316. 12. Revise § 1800.339 to read as follows: § 1800.339 Remedies for noncompliance. NASA reserves the ability to impose additional conditions in response to award recipient noncompliance and terminate a Federal award in accordance with 2 CFR 200.339 through 200.343 and as set forth in the GCAM. 13. Revise § 1800.400 to read as follows: § 1800.400 Policy guide. Payment of fee or profit is consistent with an activity whose principal purpose is the acquisition of goods and services for the direct benefit or use of the United States Government, rather than an activity whose principal purpose is Federal financial assistance to a recipient to carry out a public purpose. Therefore, the Grants Officer shall use a procurement contract, rather than a grant or cooperative agreement, in all cases where fee or profit is to be paid to the recipient of the instrument or the instrument is to be used to carry out a program where fee or profit is necessary to achieving program objectives. Grants and cooperative agreements shall not provide for the payment of any fee or profit to the recipient. Nanette Smith, Team Lead, NASA Directives and Regulations. [FR Doc. 2020-24638 Filed 11-10-20; 8:45 am]

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