Federal Register / Vol. 87, No. 18 / Thursday, January 27, 2022 / Rules and Regulations 4167 

1See Order, Facing Foster Care et al. v. HHS, No. 

21–cv–00308 (D.D.C. Feb. 2, 2021) (order 

postponing effective date), ECF No. 18. 

2See Order, Facing Foster Care et al. v. HHS, No. 

21–cv–00308 (D.D.C. Aug. 5, 2021) (order 

postponing effective date), ECF No. 23. 

3See Order, Facing Foster Care et al. v. HHS, No. 

21–cv–00308 (D.D.C. Nov. 3, 2021) (order 

postponing effective date), minute order. 

4See Order, Facing Foster Care et al. v. HHS, No. 

21–cv–00308 (D.D.C. Dec. 27, 2021) (order 

postponing effective date and holding the case in 

abeyance), ECF No. 30. 

who are not owners or operators of 

underground storage tanks 

(2) [Reserved] 

* * * * * 

[FR Doc. 2022–01432 Filed 1–26–22; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Parts 412 and 413 

Medicare Program; Hospital Inpatient 

Prospective Payment Systems for 

Acute Care Hospitals; Changes to 

Medicare Graduate Medical Education 

Payments for Teaching Hospitals; 

Changes to Organ Acquisition 

Payment Policies 

Correction 

In rule document 2021–27523 

beginning on page 73416 in the issue of 

Monday, December 27, 2021, make the 

following correction: 

§ 413.77 [Corrected] 

■ On page 73513, in the first column, in 

paragraph (A), in the last line ‘‘after 

<SECTION><SECTNO>; or’’ should 

read ‘‘after December 27, 2021; or’’. 

[FR Doc. C1–2021–27523 Filed 1–26–22; 8:45 am] 

BILLING CODE 0099–10–D 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

45 CFR Part 75 

RIN 0991–AC16 

Grants Regulation; Removal of NonDiscrimination Provisions and 

Repromulgation of Administrative 

Provisions Under the Uniform Grant 

Regulation 

AGENCY: Assistant Secretary for 

Financial Resources (ASFR), Health and 

Human Services (HHS or the 

Department). 

ACTION: Notification; postponement of 

effectiveness. 

SUMMARY: The U.S. District Court for the 

District of Columbia in Facing Foster 

Care et al. v. HHS, 21–cv–00308 (DDC 

Feb. 2, 2021), has postponed the 

effectiveness of portions of the final 

rulemaking amendments to the Uniform 

Administrative Requirements, 

promulgated on January 12, 2021. Those 

provisions are now effective April 18, 

2022. 

DATES: Pursuant to court order, the 

effectiveness of the final rule published 

January 12, 2021, at 86 FR 2257, is 

postponed until April 18, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Johanna Nestor at Johanna.Nestor@

hhs.gov or 202–205–5904. 

SUPPLEMENTARY INFORMATION: On 

January 12, 2021, the Department issued 

amendments to and repromulgated 

portions of the Uniform Administrative 

Requirements, 45 CFR part 75. 86 FR 

2257. That rule repromulgated 

provisions of part 75 that were 

originally published late in 2016. It also 

made amendments to 45 CFR 75.300(c) 

and (d). 

Specifically, the rule amended 

paragraph (c), which previously 

provided that it is a public policy 

requirement of HHS that no person 

otherwise eligible will be excluded from 

participation in, denied the benefits of, 

or subjected to discrimination in the 

administration of HHS programs and 

services based on non-merit factors such 

as age, disability, sex, race, color, 

national origin, religion, gender 

identity, or sexual orientation. The 

paragraph further provided that 

recipients must comply with the public 

policy requirement in the 

administration of programs supported 

by HHS awards. The rule amended 

paragraph (c) to provide that it is a 

public policy requirement of HHS that 

no person otherwise eligible will be 

excluded from participation in, denied 

the benefits of, or subjected to 

discrimination in the administration of 

HHS programs and services, to the 

extent doing so is prohibited by Federal 

statute. 

Additionally, the rule amended 

paragraph (d), which previously 

provided that in accordance with the 

Supreme Court decisions in United 

States v. Windsor and in Obergefell v. 

Hodges, all recipients must treat as valid 

the marriages of same-sex couples. The 

paragraph further provided that it did 

not apply to registered domestic 

partnerships, civil unions or similar 

formal relationships recognized under 

state law as something other than a 

marriage. The rule amended paragraph 

(d) to provide that HHS will follow all 

applicable Supreme Court decisions in 

administering its award programs. 

On February 2, the portions of 

rulemaking amendments to § 75.300 

(and a conforming amendment at 

§ 75.101(f)) were challenged in the U.S. 

District Court for the District of 

Columbia. Facing Foster Care et al. v. 

HHS, 21–cv–00308 (D.D.C. filed Feb. 2, 

2021). On February 9, the court 

postponed, pursuant to 5 U.S.C. 705, the 

effective date of the challenged portions 

of the rule by 180 days, until August 11, 

2021.1 On August 5, the court again 

postponed the effective date of the rule 

until November 9, 2021.2 On November 

3, the court further postponed the 

effective date of the rule until January 

17, 2022.3 On December 27, the court 

further postponed the effective date of 

the rule until April 18, 2022.4 The 

Department is issuing this notification 

to apprise the public of the court’s 

order. 

* * * * * 

Xavier Becerra, 

Secretary. 

[FR Doc. 2022–01602 Filed 1–26–22; 8:45 am] 

BILLING CODE 4151–19–P 


lotter on DSK11XQN23PROD with RULES1