This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents.

Rules and Regulations Federal Register

75947 

Vol. 89, No. 180 

Tuesday, September 17, 2024 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

2 CFR Part 1800 

RIN 2700–AE77 

[NASA Document No: NASA–24–060; 

NASA–2024–0010] 

Uniform Administrative Requirements, 

Cost Principles, and Audit 

Requirements for Federal Awards 

AGENCY: National Aeronautics and 

Space Administration. 

ACTION: Direct final rule. 

SUMMARY: This direct final rule 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) 

April 2024 revisions to its guidance on 

grants and cooperative agreements, now 

titled ‘‘OMB Guidance for Federal 

Financial Assistance.’’ 

DATES: This direct final rule is effective 

October 1, 2024, without further action, 

unless adverse comment is received by 

October 17, 2024. If adverse comment is 

received, NASA will publish a timely 

withdrawal of the rule in the Federal 

Register. 

ADDRESSES: Submit comments 

identified by RIN 2700–AE77, using the 

following methods: 

• Regulations.gov: https:// 

www.regulations.gov. Submit comments 

via the Federal eRulemaking portal by 

following 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: 

Laila Ouhamou, Laila.ouhamou@

nasa.gov, telephone 202–358–9742. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On April 22, 2024, OMB issued a final 

rule revising the Uniform Guidance for 

Federal Financial Assistance (89 FR 

30046). This was the result of a 

comprehensive process to revise and 

strengthen title 2 of the Code of Federal 

Regulations (‘‘2024 Revisions’’) with 

multiple opportunities for the public to 

provide feedback. OMB then issued 

OMB Memo M–24–11, ‘‘Reducing 

Burden in the Administration of Federal 

Financial Assistance’’ which provided 

implementation guidance to agencies. 

This memo directs agencies to 

implement the 2024 Revisions quickly 

and consistently but no later than 

October 1, 2024, and encourages 

agencies to streamline communications 

with the public. Title 2 CFR part 1800, 

last amended on November 12, 2020 [85 

FR 71815], 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 updating 2 

CFR part 1800 to maintain consistency 

with the OMB’s revisions to title 2, 

make technical amendments to clarify 

the regulation where authorized by 

OMB’s guidance, and implements 

OMB’s 2024 Revisions. 

The following changes are 

implemented by this final rule: 

D 2 CFR 1800.2 is revised to clarify 

that NASA’s regulations are adopted to 

align with the April 2024 version of title 

2. 

D 2 CFR 1800.3(c) is revised to clarify 

that NASA requires additional 

approvals for awards issued to both 

foreign organizations and foreign public 

entities and update the current title of 

the office coordinating approvals. 

D 2 CFR 1800.5 is updated to reflect 

the current website of NASA’s grant 

guidance materials. 

D 2 CFR 1800.10 is updated to remove 

unused acronyms. 

D 2 CFR 1800.11 is removed to avoid 

duplicating definitions already defined 

in 2 CFR part 200. 

D 2 CFR 1800.209 through 1800.211 

are revised to improve clarity and 

remove duplicative language. 

D 2 CFR 1800.339 is removed to avoid 

duplication. 

D 2 CFR 1800.400 is removed to avoid 

duplication. 

II. 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 guidance on grants and 

cooperative agreements, and also falls 

under exemptions found in 5 U.S.C. 

553(a)(2), which provides that general 

notices of proposed rule making are not 

required to the extent a matter relates to 

an agency’s management of grants. No 

opposition to the changes and no 

significant adverse comments are 

expected given that OMB has already 

received and analyzed public comments 

related to 2 CFR. 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. 

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 

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 


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75948 Federal Register / Vol. 89, No. 180 / Tuesday, September 17, 2024 / Rules and Regulations 

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 guidance on grants 

and cooperative agreements published 

on April 22, 2024, at 89 FR 30046, 

which will become effective on October 

1, 2024, and does not have a significant 

economic impact on a substantial 

number of small entities. 

V. Paperwork Reduction Act 

The rule does not contain any 

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). 

Erica Jones, 

NASA FAR Supplement Manager. 

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 § 1800.2 to read as follows: 

§ 1800.2 Purpose. 

This part adopts the Office of 

Management and Budget (OMB) 

guidance in subparts A through F and 

applicable appendices of 2 CFR part 200 

(as revised in April 2024), as 

supplemented by this part, as the NASA 

policies and procedures for uniform 

administrative requirements, cost 

principles, and audit requirements for 

Federal awards. It thereby gives 

regulatory effect for NASA to the OMB 

guidance as supplemented by this part. 

■ 3. 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 nonFederal 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 and applicable 

appendices 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 and applicable appendices 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 and applicable appendices of 

2 CFR part 200 and as supplemented by 

this part. The Federal Acquisition 

Regulation (FAR) at 48 CFR parts 30 and 

31, takes precedence over the cost 

principles in 2 CFR part 200, subpart E 

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 and foreign public entities 

will not be conducted through grants or 

cooperative agreements, but instead will 

be accomplished on a no-exchange-offunds basis. In these cases, NASA enters 

into agreements undertaking projects of 

international scientific collaboration. 

NASA’s policy on performing research 

with foreign organizations and foreign 

public entities on a no-exchange-offunds basis is set forth at NASA FAR 

Supplement (NFS) 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 and 

foreign public entities 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 

Procurement, Procurement and Grants 

Policy Division. 

■ 4. 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, and other 

source information is on the internet at 

https://www.nasa.gov/general/grantspolicy-and-compliance-team/. 

§ 1800.6 [Removed] 

■ 5. Remove § 1800.6. 

■ 6. Revise § 1800.10 to read as follows: 

§ 1800.10 Acronyms. 

The following acronyms supplement 

the acronyms set forth at 2 CFR 200.0: 

NASA National Aeronautics and 

Space Administration 

NFS NASA FAR Supplement 

§ 1800.11 [Removed] 

■ 7. Remove § 1800.11. 

§ 1800.209 [Removed] 

■ 8. Remove § 1800.209. 

■ 9. Revise § 1800.210 to read as 

follows: 

§ 1800.210 Pre-award costs. 

As authorized by 2 CFR 200.308, 

Revision of budget and program plans, 

NASA waives the approval requirement 

for pre-award costs of 90 days or less. 

For more information on NASA’s preaward cost policy, see NASA’s policy 

documents at https://www.nasa.gov/ 

general/grants-policy-and-complianceteam/. 

■ 10. Revise § 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. 

§ 1800.305 [Removed] 

■ 11. Remove § 1800.305. 

§ 1800.339 [Removed] 

■ 12. Remove § 1800.339. 

§ 1800.400 [Removed] 

■ 13. Remove § 1800.400. 

[FR Doc. 2024–21005 Filed 9–16–24; 8:45 am] 

BILLING CODE 7510–13–P 


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