Unknown. Final rule; correction and correcting amendments

4,157 words·~19 min read·/register/2024/10/01/2024-22520·

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-2024-10-01.xml --- 89 190 Tuesday, October 1, 2024 Contents Agency Agency for International Development NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Employment Records Collection from Implementing Partners of Contracts in Afghanistan, 79885 2024-22442 Agency Toxic Agency for Toxic Substances and Disease Registry NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 79919-79920 2024-22472 Agricultural Marketing Agricultural Marketing Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Farmers Market Application, 79886-79887 2024-22452 Results of Soybean Request for Referendum: Soybean Promotion, Research, and Information Program, 79885-79886 2024-22453 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Inspector General Office, Agriculture Department Animal Animal and Plant Health Inspection Service RULES Web Links for Plant Commodity Import Requirements, 79733-79734 2024-21619 Consumer Financial Protection Bureau of Consumer Financial Protection NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 79900-79901 2024-22491 Census Bureau Census Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Boundary and Annexation Survey, 79889-79891 2024-22527 Redistricting Data Program, 79888-79889 2024-22451 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 79921-79929 2024-22473 2024-22474 2024-22475 2024-22476 2024-22477 2024-22471 Centers Medicare Centers for Medicare & Medicaid Services RULES Medicare Program:

Fiscal Year 2025 Hospice Wage Index and Payment Rate Update, Hospice Conditions of Participation Updates, and Hospice Quality Reporting Program Requirements; Correction, 79764-79767 2024-22495 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 79929-79930 2024-22536 Commerce Commerce Department See Census Bureau See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office Comptroller Comptroller of the Currency NOTICES Hearings, Meetings, Proceedings, etc.:

Mutual Savings Association Advisory Committee, 80014-80015 2024-22531 Consumer Product Consumer Product Safety Commission NOTICES Public Playground Handbook, 79901-79902 2024-22433 Defense Department Defense Department PROPOSED RULES Medical Billing for Healthcare Services: Defense Military Medical Treatment Facilities to Civilian Non-Beneficiaries, 79804-79815 2024-22584 Drug Drug Enforcement Administration NOTICES Importer, Manufacturer or Bulk Manufacturer of Controlled Substances;

Application, Registration, etc.: Curia Wisconsin, Inc., 79950 2024-22446 Fresenius Kabi USA, LLC, 79950-79951 2024-22450 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Monitoring of Section 8546 Prohibition on Aiding and Abetting Sexual Abuse State Educational Agency Self-Assessment, 79903-79904 2024-22464 Request for Information: Recommendations on Improving Data User Experiences through a National Center for Education Statistics' 2025 Data Use's Conference, 79902-79903 2024-22490 Employee Benefits Employee Benefits Security Administration NOTICES Exemption:

Certain Prohibited Transaction Restrictions Involving United Brotherhood of Carpenters and Joiners of America, Located in Washington, DC, 79953-79961 2024-22468 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Pennsylvania; Oil and Natural Gas Control Measures for 2008 and 2015 Ozone National Ambient Air Quality Standards, 79752-79756 2024-22386 State Underground Storage Tank Program Revisions, Codification, and Incorporation by Reference:

North Carolina; Final Approval, 79756-79764 2024-22541 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Puerto Rico; Finding of Failure to Attain the Primary 2010 1-Hour Sulfur Dioxide Standard for the San Juan and Guayama-Salinas Nonattainment Areas, etc., 79828-79850 2024-22466 State Underground Storage Tank Program Revisions, Codification, and Incorporation by Reference: North Carolina; Final Approval, 79850-79851 2024-22540 NOTICES Final Affirmative Determination:

Florida—Indian River-Vero Beach to Fort Pierce Aquatic Preserve Vessel Sewage No-Discharge Zone, 79912-79914 2024-22499 Federal Aviation Federal Aviation Administration RULES Removal of Expiration Date on a Flight Instructor Certificate: Additional Qualification Requirements to Train Initial Flight Instructor Applicants; and Other Provisions, 80020-80054 2024-22018 Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments, 79741-79744 2024-22461 2024-22462 PROPOSED RULES Airspace Designations and Reporting Points:

Alaska, 79792-79794 2024-22282 Airworthiness Directives: Airbus SAS Airplanes, 79789-79792 2024-22444 NOTICES Petition for Exemption; Summary: Global Aviation Technologies, 80007 2024-22447 Schedule of Charges outside the United States, 80007 2024-22544 Federal Communications Federal Communications Commission NOTICES Hearings, Meetings, Proceedings, etc., 79914-79915 2024-22454 Federal Emergency Federal Emergency Management Agency NOTICES Public Assistance Mitigation Cost Share Incentives Policy, 79943-79944 2024-22270 Federal Energy Federal Energy Regulatory Commission PROPOSED RULES Supply Chain Risk Management Reliability Standards, 79794-79804 2024-22230 NOTICES Combined Filings, 79905-79908, 79911-79912 2024-22419 2024-22420 2024-22483 2024-22484 Complaint:

DK Trading and Supply, LLC v. Colonial Pipeline Co., 79904 2024-22422 Enhancement to eComment: Office of Public Participation Fundamentals for Participating in FERC Matters, 79911 2024-22487 Environmental Assessments; Availability, etc.: Consolidated Hydro New York, LLC, 79908 2024-22486 KEI Power Management, LLC, 79906 2024-22425 Northbrook Hydro Carolina II, LLC, 79910-79911 2024-22424 PacifiCorp, 79907 2024-22485 Shasta Meadows, Inc., 79912 2024-22426 Hearings, Meetings, Proceedings, etc.:

Reliability Technical Conference, 79911 2024-22418 Institution of Section 206 Proceeding and Refund Effective Date: Mid-Atlantic Offshore Development, LLC, 79904-79905 2024-22488 Proposed Termination of Exemption by Implied Surrender: Pan Pacific Hydro, Inc., 79908-79909 2024-22427 Reasonable Period of Time for Water Quality Certification Application: Pacific Gas and Electric Co., 79906-79907 2024-22423 Request for Extension of Time: Midwestern Gas Transmission Co., 79909-79910 2024-22421 Federal Housing Finance Agency Federal Housing Finance Agency PROPOSED RULES Suspended Counterparty Program, 79785-79789 2024-22393 Federal Motor Federal Motor Carrier Safety Administration NOTICES Exemption Application:

Entry-Level Driver Training; State of Alaska, 80008-80009 2024-22457 Federal Railroad Federal Railroad Administration RULES Accident/Incident Investigation Policy for Gathering Information and Consulting with Stakeholders, 79767-79777 2024-22326 Federal Reserve Federal Reserve System NOTICES Change in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 79915-79917 2024-22512 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 79917-79918 2024-22513 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Species: 12-Month Not-Warranted Finding for the Las Vegas Bearpoppy, 79880-79884 2024-22405 Status for the Bethany Beach Firefly with Section 4(d) Rule, 79857-79880 2024-22358 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Electronic User Fee Payment Request Forms, 79930-79931 2024-22443 General Services General Services Administration NOTICES Hearings, Meetings, Proceedings, etc.: Open Government Federal Advisory Committee, 79918-79919 2024-22406 Geological Geological Survey NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Hydrography Addressing Tool, 79945-79946 2024-22542 Health and Human Health and Human Services Department See Agency for Toxic Substances and Disease Registry See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration NOTICES Proposed Healthy People 2030 Objectives, 79931-79932 2024-22519 Homeland Homeland Security Department See Federal Emergency Management Agency See U.S.

Citizenship and Immigration Services See U.S. Customs and Border Protection PROPOSED RULES Acquisition Regulation: Make Personal Protective Equipment in America Act Restrictions on Foreign Acquisition, 79851-79856 2024-22303 Industry Industry and Security Bureau NOTICES Hearings, Meetings, Proceedings, etc.: Regulations and Procedures Technical Advisory Committee, 79891 2024-22465 Inspector General Agriculture Inspector General Office, Agriculture Department NOTICES Succession, Delegations of Authority, and Signature Authorities, 79887-79888 2024-22502 Interior Interior Department See Fish and Wildlife Service See Geological Survey See Land Management Bureau See Ocean Energy Management Bureau Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 80015-80017 2024-22455 2024-22456 2024-22458 2024-22459 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Advance Notification of Sunset Review, 79893-79894 2024-22489 Low Melt Polyester Staple Fiber from the Republic of Korea, 79897-79899 2024-22521 Opportunity to Request Administrative Review and Join Annual Inquiry Service List, 79894-79897 2024-22493 Initiation of Five-Year Sunset Reviews, 79892-79893 2024-22492 International Trade Com International Trade Commission NOTICES Investigations;

Determinations, Modifications, and Rulings, etc.: Strontium Chromate from Austria and France, 79947-79950 2024-22441 Justice Department Justice Department See Drug Enforcement Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: State Criminal Alien Assistance Program, 79951-79952 2024-22407 Vulnerability Assessment Request, 79952-79953 2024-22534 Labor Department Labor Department See Employee Benefits Security Administration See Occupational Safety and Health Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Employee Retirement Income Security Act Blackout Period Notice, 79962 2024-22435 Employee Retirement Income Security Act of 1974 Technical Release 1991-1, 79961-79962 2024-22434 Older Workers Study Impact Evaluation, 79963-79964 2024-22432 Permit-Required Confined Spaces, 79962-79963 2024-22431 Registration for EFAST-2 Credentials, 79963 2024-22430 Land Land Management Bureau NOTICES Boundary Establishment: Birch Creek National Wild and Scenic River, Bureau of Land Management, Alaska State Office, Yukon-Koyukuk Borough, AK, 79946 2024-22417 Management Management and Budget Office RULES Guidance for Federal Financial Assistance;

Corrections, 79731-79733 2024-22520 Maritime Maritime Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Construction Reserve Fund and Annual Statements, 80011-80012 2024-22514 Centers of Excellence for Domestic Maritime Workforce Training and Education Annual Application for Designation, 80012 2024-22515 Coastwise Endorsement Eligibility Determination for a Foreign-Built Vessel: Good Vibes (Motor), 80013 2024-22508 Kainani (Sail), 80013-80014 2024-22509 Koru (Sail), 80010-80011 2024-22507 Shadow Line (Sail), 80009-80010 2024-22506 National Archives National Archives and Records Administration NOTICES Records Schedules, 79966-79967 2024-22445 National Credit National Credit Union Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 79967 2024-22498 National Institute National Institutes of Health NOTICES Charter Amendments, Establishments, Renewals and Terminations, 79936 2024-22530 Hearings, Meetings, Proceedings, etc.: Center for Scientific Review, 79933-79936 2024-22439 2024-22516 National Cancer Institute, 79937-79938 2024-22438 2024-22437 National Center for Complementary and Integrative Health, 79935 2024-22511 National Heart, Lung, and Blood Institute, 79933-79935 2024-22522 2024-22523 National Institute of Biomedical Imaging and Bioengineering, 79937 2024-22510 National Institute of Dental and Craniofacial Research, 79932-79933 2024-22529 National Institute on Drug Abuse, 79938 2024-22526 National Library of Medicine, 79933 2024-22436 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone off Alaska:

Several Groundfish Species in the Bering Sea and Aleutian Islands Management Area, 79783-79784 2024-22518 Fisheries of the Northeastern United States: Amendment 23 to the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan, 79778-79783 2024-22233 Taking or Importing of Marine Mammals: New England Wind Project, Offshore Massachusetts; Correction, 79777-79778 2024-22307 National Science National Science Foundation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Participatory Research and Indigenous Leadership in Research Evaluation; Correction, 79968 2024-22503 Hearings, Meetings, Proceedings, etc.: Advisory Committee for Technology, Innovation and Partnerships, 79967-79968 2024-22538 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Environmental Impact Statements; Availability, etc.: Virgil C. Summer Nuclear Station, Unit No. 1, Dominion Energy South Carolina, Inc., 79975-79976 2024-22478 Facility Operating and Combined Licenses:

Applications and Amendments Involving Proposed No Significant Hazards Considerations, etc., 79968-79973 2024-22249 Licenses; Exemptions, Applications, Amendments, etc.: United Nuclear Corp., 79973-79975 2024-22479 Performance Review Board Members, 79976-79977 2024-22546 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Bloodborne Pathogens Standard, 79965-79966 2024-22429 Ocean Energy Management Ocean Energy Management Bureau NOTICES Joint Record of Decision:

Proposed Atlantic Shores Offshore Wind South Project; Errata, 79946-79947 2024-22500 Patent Patent and Trademark Office RULES Director Review of Patent Trial and Appeal Board Decisions, 79744-79752 2024-22194 NOTICES After Final Consideration Pilot Program 2.0; Extension and Termination, 79899-79900 2024-22481 Interim Patent Term Extension: Patent No. 7,199,162; Grafapex (treosulfan), 79899 2024-22480 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 79984-79985 2024-22402 Application: Lafayette Square USA, Inc., et al., 79987-79988 2024-22548 Self-Regulatory Organizations; Proposed Rule Changes: Cboe BZX Exchange, Inc., 79990-79996 2024-22413 Investors Exchange LLC, 79988-79990 2024-22415 Miami International Securities Exchange, LLC, 79985-79987 2024-22414 The Options Clearing Corp., 79977-79984 2024-22412 2024-22416 Small Business Small Business Administration RULES 504 Debt Refinancing, 79734-79741 2024-22040 NOTICES Disaster Declaration:

Georgia, 79997 2024-22408 Georgia; Public Assistance Only, 79996 2024-22410 Kansas; Public Assistance Only, 79996-79997 2024-22411 State Department State Department NOTICES Diversity Visa Instructions for DV-2026, 79997-80006 2024-22482 Hearings, Meetings, Proceedings, etc.: United States-Chile Environmental Affairs Council and Joint Commission for Environmental Cooperation, 80006-80007 2024-22467 Substance Substance Abuse and Mental Health Services Administration NOTICES Hearings, Meetings, Proceedings, etc.:

Interdepartmental Serious Mental Illness Coordinating Committee, 79938-79939 2024-22545 List of Certified Laboratories and Instrumented Initial Testing Facilities that Meet Minimum Standards to Engage in Urine Drug Testing, 79939-79940 2024-22505 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See Maritime Administration Treasury Treasury Department See Comptroller of the Currency See Internal Revenue Service NOTICES List of Countries Requiring Cooperation with an International Boycott, 80017 2024-22428 U.S.

Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Inter-Agency Alien Witness and Informant Record, 79944-79945 2024-22525 Customs U.S. Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Waiver of Passport and/or Visa, 79940-79941 2024-22532 Certificate of Registration, 79941-79942 2024-22528 Declaration of Person Who Performed Repairs or Alterations, 79942-79943 2024-22524 Veteran Affairs Veterans Affairs Department PROPOSED RULES Adjudication for Disability or Death Benefit Claims Based on Toxic Exposure, 79815-79828 2024-21852 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Veterans Group Life Insurance, 80017-80018 2024-22494 Hearings, Meetings, Proceedings, etc.: Veterans Affairs Voluntary Service National Advisory Committee, 80018 2024-22403 Separate Parts In This Issue Part II Transportation Department, Federal Aviation Administration, 80020-80054 2024-22018 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. 89 190 Tuesday, October 1, 2024 Rules and Regulations OFFICE OF MANAGEMENT AND BUDGET 2 CFR Parts 170, 184, and 200 Guidance for Federal Financial Assistance; Corrections AGENCY: Office of Federal Financial Management, Office of Management and Budget.

ACTION: Final rule; correction and correcting amendments. SUMMARY: The Office of Management and Budget

(OMB)is correcting the final guidance that appeared in the **Federal Register** on April 22, 2024. This document reverses a change to a title heading and makes technical amendments clarifying specific language in three parts. DATES: Effective on October 1, 2024. FOR FURTHER INFORMATION CONTACT: Steven Mackey or Andrew Reisig at the OMB Office of Federal Financial Management at *MBX.OMB.Grants@OMB.eop.gov* or 202-395-3993. SUPPLEMENTARY INFORMATION: This is a summary of the revisions to OMB's Guidance for Federal financial assistance published April 22, 2024 (89 FR 30046). Section-by-Section Discussion Title 2—Grants and Agreements In the document published by OMB in the **Federal Register** in April, instruction 1 at 89 FR 30107 attempted to change the heading of title 2 from “Grants and Agreements” to “Federal Financial Assistance.” However, unlike chapters, subchapters, and parts, which are under the direct control of an agency (1 CFR 21.8), each CFR title is arranged by subject matter and only the Director of the Federal Register can establish new or update existing titles (1 CFR 8.2). Therefore, instead of directly changing the heading and subject matter of title 2, the Director of OMB has communicated the request to change the heading of title 2 to the Director of the Federal Register. Subtitle A of title 2 has been specifically assigned to OMB, so, in this case, the subtitle heading is treated as an OMB chapter or part heading. Therefore, instructions 2 and 4 in OMB's April document are both acceptable instructions, which will be implemented. Appendix A to Part 170—Award Term In paragraph I(a)(2)(i) of appendix A to 2 CFR part 170, OMB mistakenly stated that the “entity or Federal agency” must report subawards described in paragraph (a)(1) of the award term to the Federal Funding Accountability and Transparency Act Subaward Reporting System (FSRS). OMB intended to state that the “recipient” is responsible for such reporting to FSRS. The technical correction is consistent with the prior version of the award term in appendix A to 2 CFR part 170, which is directed at recipients—but refers to them throughout as “you.” In the revised version of the award term, OMB generally replaced the word “you” with “recipient” throughout for greater clarity, but inadvertently included the wrong terms in this particular instance. Consistent with 2 CFR 170.220(a), the award term is directed at recipients, and recipients are responsible for reporting subawards in FSRS. Thus, through this document, OMB replaced “entity or Federal agency” with “recipient” in paragraph (a)(1) of the award term. Section 184.3—Definitions (Introductory Text) In the introductory text for the definitions in part 184, which implements the Build America, Buy America Act (BABA), Public Law 117-58, OMB incorporated the meanings of acronyms and definitions from 2 CFR 200.0 and 200.1. 88 FR 57750, 57788. OMB did this to incorporate the meanings of terms such as “Federal award,” “subaward,” “Federal agencies,” “recipient,” and others, which are used in the same way in both parts 184 and 200. However, the document published by OMB in the **Federal Register** in April 2024 revising part 200 adjusted the meanings and thresholds for the terms “equipment” and “supply,” which OMB does not intend to apply under part 184. 89 FR 30046, 30139-44. OMB has amended the introductory text before the definitions in § 184.3 to clarify that the definitions of “equipment” and “supply” are not incorporated under part 184. Based on the use of “expenditures” at § 184.8 (Exemptions to the Buy America Preference), OMB has also amended the introductory text to exclude the definition of “expenditures” from part 200. The use of that term in § 184.8 ( *i.e.,* “expenditures for assistance”) refers to expenditures of funds by a Federal agency “for assistance,” as opposed to the definition in § 200.1, which refers to expenditures “by a recipient or subrecipient to a project or program for which a Federal award is received.” 89 FR 30046, 30139. OMB is not providing revised definitions of the terms “equipment,” “supply,” or “expenditure” through this document, but merely clarifying that the definitions from § 200.1 do not apply under part 184. Section 200.1—Definitions In the document published by OMB in the **Federal Register** in August 2023 establishing 2 CFR part 184, which implements BABA, Public Law 117-58, OMB explained how the term Federal financial assistance, as defined at 2 CFR 200.1, should be applied under part 184. 88 FR 57750, 57774. The preamble explained that, through issuance of the final guidance, OMB did not modify the existing guidance in M-22-11 on the proper application of that term for the purposes of BABA. Specifically, OMB explained that the existing guidance in OMB Memorandum M-22-11 was based on the definition of Federal financial assistance at section 70912(4)(A) of BABA, providing that the term has the meaning given in “section 200.1 of title 2, Code of Federal Regulations (or successor regulations).” Based on certain forms of assistance listed in section 200.1, Memorandum M-22-11 established the policy that, for the purposes of BABA, Federal financial assistance means “assistance that non-Federal entities receive or administer in the form of grants, cooperative agreements, non-cash contributions or donations of property, direct assistance, *loans, loan guarantees,* and other types of financial assistance.” (Emphasis added) Section 70912(4)(B) of BABA also provides that the term Federal financial assistance includes, but is not limited to, all expenditures “by a Federal agency to a non-Federal entity [for assistance] for an infrastructure project,” except that it does not include certain specified expenditures relating to a major disaster or emergency. Based on the policy in Memorandum M-22-11, which applied BABA to loans and loan guarantees, the part 184 preamble explained how the definition from BABA 70912(4)(A) and 2 CFR 200.1 should be applied for the purposes of part 184. 88 FR 57750, 57774. OMB subsequently rescinded and replaced Memorandum M-22-11 on October 25, 2023, by issuing Memorandum M-24-02. Memorandum M-24-02 continues to provide that, for the purposes of BABA, Federal financial assistance means “assistance that non-Federal entities receive or administer in the form of grants, cooperative agreements, non-cash contributions or donations of property, direct assistance, loans, loan guarantees, and other types of financial assistance.” To clarify how the term “Federal financial assistance” is applied for purposes of BABA under part 184, OMB has added a new paragraph to the definition at § 200.1 specifically addressing this topic based on the part 184 preamble and associated OMB guidance memoranda. This revision is intended to reduce any ambiguity in the 2 CFR text on which forms of Federal financial assistance are included for purposes of part 184. The revision is consistent with OMB's existing policy with respect to BABA applicability to loans and loan guarantees, which is reflected in the part 184 preamble and associated policy memoranda. Section 200.431—Compensation—Fringe Benefits In the document published by OMB in the **Federal Register** in April, OMB explained in the preamble at 89 FR 30095 that, in the proposed guidance, “OMB proposed revising section 200.431 on fringe benefits to require recipients and subrecipients to allocate payments for unused leave as general administrative expenses or include them in a fringe benefit rate with cognizant agency approval.” In its response to comments at 89 FR 30095, OMB stated that it revised paragraph (b)(3)(i) of § 200.431 “to remove the requirement that agencies must include certain costs in fringe benefit rates *only with* the approval of the cognizant agency for indirect costs.” (Emphasis added) OMB explained that it made this change in recognition “that some recipients might not have a cognizant agency for indirect costs.” However, in removing the requirement to obtain cognizant agency approval, OMB also inadvertently removed the option to include these payments in a fringe benefit rate under any circumstances, which—as the preamble text reflected—was not its intent. Thus, through this document, OMB inserted the following text at the end of paragraph (b)(3)(i) of § 200.431: “or included in the fringe benefit rate.” In addition, OMB further revised paragraph (b)(3)(i) of § 200.431 through this document to replace the word “must” with “should” in the instruction to either allocate these payments for unused leave as a general administrative expense to all activities or include them in fringe benefit rates. This revision is consistent with prior OMB guidance on this topic in the “2 CFR Frequently Asked Questions” (2 CFR FAQ) published on May 3, 2021, which was a source of the text at paragraph (b)(3)(i) of § 200.431. *See* 2 CFR FAQ, at Q-104. All payments for unused leave must still be allocated in accordance with the cost principles in subpart E. *See, e.g.,* 2 CFR 200.401(a). Paragraph (b)(3)(i), as revised, continues to describe the two options that will generally be used for these types of payments under subpart E. Correction to Final Rule Published April 2024 In FR Doc. 2024-07496, appearing at 89 FR 30046 in the **Federal Register** of April 22, 2024, on page 30108, in the first column, remove instruction 1 for title 2. List of Subjects 2 CFR Part 170 Colleges and universities, Grant programs, Hospitals, International organizations, Loan programs, Reporting and recordkeeping requirements. 2 CFR Parts 184 and 200 Administration of Federal financial assistance, Administrative practice and procedure, Federal financial assistance programs. For the reasons stated in the preamble, the Office of Management and Budget corrects 2 CFR chapters I and II by making the following correcting amendments: PART 170—REPORTING SUBAWARD AND EXECUTIVE COMPENSATION INFORMATION 1. The authority citation for part 170 continues to read as follows: Authority: 31 U.S.C. 503; 31 U.S.C. 6102; 31 U.S.C. 6307; Pub. L. 109-282; Pub. L. 110-252, Pub. L. 113-101, Pub. L. 117-40. Appendix A to part 170 [Amended] 2. In appendix A to part 170, amend paragraph I(a)(2)(i) by removing the words “entity or Federal agency” and adding, in their place, the word “recipient”. PART 184—BUY AMERICA PREFERENCES FOR INFRASTRUCTURE PROJECTS 3. The authority citation for part 184 continues to read as follows: Authority: Pub. L. 117-58, 135 Stat. 429. 4. In § 184.3, revise the introductory text to read as follows: § 184.3 Definitions. Acronyms used in this part have the same meaning as provided in 2 CFR 200.0. Terms not defined in this part have the same meaning as provided in 2 CFR 200.1, except for the terms “equipment,” “expenditures,” and “supplies,” which are not specifically defined for this part. As used in this part: PART 200—UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS 5. The authority citation for part 200 continues to read as follows: Authority: 31 U.S.C. 503; 31 U.S.C. 6101-6106; 31 U.S.C. 6307; 31 U.S.C. 7501-7507. 6. In § 200.1, in the definition of “Federal financial assistance,” add paragraph

(5)to read as follows: § 200.1 Definitions. *Federal financial assistance* * * *

(5)For part 184 of this title, in addition to the forms of assistance listed in paragraph

(1)of this definition, *Federal financial assistance* also includes assistance that recipients or subrecipients receive or administer in the form of:

(i)Loans; and

(ii)Loan Guarantees. 7. In § 200.431, revise paragraph (b)(3)(i) to read as follows: § 200.431 Compensation—fringe benefits.

(b)* * *

(3)* * *

(i)When a recipient or subrecipient uses the cash basis of accounting, the cost of leave is recognized in the period that the leave is taken and paid for. Payments for unused leave when an employee retires or terminates employment are allowable in the year of payment and should be allocated as a general administrative expense to all activities or included in the fringe benefit rate. Deidre A. Harrison, Deputy Controller, performing the delegated duties of the Controller Office of Federal Financial Management. [FR Doc. 2024-22520 Filed 9-26-24; 4:15 pm]

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