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Federal Register / Vol. 86, No. 7 / Tuesday, January 12, 2021 / Rules and Regulations Capital Region. Public vessels and vessels already at berth at the time the security zone is implemented do not have to depart the security zone. All vessels underway within the security zone at the time it is implemented are to depart the zone at the time the security zone is implemented. To seek permission to transit the zone, the Captain of the Port Maryland-National Capital Region can be contacted at telephone number 410 5762693 or on Marine Band Radio, VHFFM channel 16 156.8 MHz. Coast Guard vessels enforcing this zone can be contacted on Marine Band Radio, VHFFM channel 16 156.8 MHz. The Coast Guard may be assisted by other Federal, state or local law enforcement agencies in enforcing this regulation. If the Captain of the Port or his designated on-scene patrol personnel determines the security zone need not be enforced for the full duration stated in this notice, a Broadcast Notice to Mariners may be used to suspend enforcement and grant general permission to enter the security zone.
This notice of enforcement is issued under authority of 33 CFR 165.508 and 5 U.S.C. 552a. In addition to this notice of enforcement in the Federal Register, the Coast Guard will provide notification of this enforcement period via the Local Notice to Mariners and marine information broadcasts.
Dated: December 28, 2020.
Joseph B. Loring, Captain, U.S. Coast Guard, Captain of the Port Maryland-National Capital Region.
FR Doc. 202028985 Filed 11121; 8:45 am BILLING CODE 911004P

DEPARTMENT OF HEALTH AND
HUMAN SERVICES
45 CFR Part 75
RIN 0991AC16

Health and Human Services Grants Regulation Office of the Assistant Secretary for Financial Resources, Department of Health and Human Services.
ACTION: Final rule.
AGENCY:

This final rule repromulgates and adopts changes to certain provisions in the Departments Uniform Administrative Requirements, Cost Principles, and Audit Requirements for HHS awards UAR. This rule repromulgates sections of the UAR
dealing with payments, access to records, indirect allowable cost
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SUMMARY:

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requirements, and a portion of the provision dealing with shared responsibility payments under the Affordable Care Act. This rule also amends sections dealing with national policy requirements to bring them into compliance with the authority under which the UAR is promulgated and OMB guidance, as well as to reflect those nondiscrimination requirements that have been adopted by Congress.
DATES: This rule is effective February 11, 2021.
FOR FURTHER INFORMATION CONTACT:
Johanna Nestor at Johanna.Nestor@
hhs.gov or 2022055904.
SUPPLEMENTARY INFORMATION:
Table of Contents I. Introduction II. Background III. Statutory Authority IV. Section-by-Section Description of the Final Rule and Response to Public Comments V. Regulatory Impact Analysis
I. Introduction This rule repromulgates provisions of Part 75 that were originally published late in 2016 in a rulemaking which the Department had serious concerns about compliance with certain requirements of the Regulatory Flexibility Act. This rule also finalizes proposed changes to 75.300, on statutory and national policy requirements to bring them into alignment with the Departments statutory authorities, including those underlying part 75. The Department is committed to the principle that every person must be treated with dignity and respect and afforded all of the protections of the Constitution and statutes enacted by Congressand to fully enforcing such civil rights protections and requirements. The Department has determined, however, that the public policy requirements it imposed in the existing 75.300c and d disrupted the balance struck by Congress with respect to nondiscrimination requirements applicable to grant recipients and, as evidenced by the requests for accommodations and lawsuits, will violate the Religious Freedom Restoration Act, 42 U.S.C. 2000bb 2000bb4 RFRA, in some circumstances.1 The Department also believes that these requirements have 1 Some non-Federal entities and commenters argued that the Department lacked the legal authority to promulgate existing 75.300c and d.
While the Department is concerned about its statutory authority for these existing provisions, it does not need to resolve the issue definitively because the Department believes that amending these provisions is warranted in light of the other reasons set forth in this preamble.

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sowed uncertainty that, over time, could decrease the effectiveness of Department-funded programs by deterring participation in them.
Given the careful balancing of rights, obligations, and goals in the publicprivate partnerships in Federal grant programs, the Department believes it appropriate to impose only those nondiscrimination requirements required by the Constitution and federal statutes applicable to the Departments grantees. But such authorities do not support the application of some of the requirements in existing 75.300c and d to all recipients of Departmental assistance or to all Department-funded programs. Accordingly, the Department revises 75.300c to recognize the public policy requirement that otherwise eligible persons not be excluded from participation in, denied the benefits of, or subjected to discrimination in the administration of programs and services where such actions are prohibited by federal statute.
The Department also revises 75.300d to state clearly that the Department will follow all applicable Supreme Court decisions in the administration of the Departments award programs.2
With respect to the other provisions in the 2016 rulemaking, the Department repromulgates 75.305a, which addressed the applicability of certain payment provisions to states; 75.365, which authorized the grant agency to require recipients to permit public access to various materials produced under a grant, but authorized the agency to place restrictions on grantees ability to make public any personally identifiable information or other information that would be exempt from disclosure under FOIA; 75.414c1i through iii and f, which established limits on the amount of indirect costs allowable under certain types of grants;
and 75.477, which established that recipients could not include, in allowable costs under HHS grants, any tax payment imposed on an employer for failure to comply with the Affordable Care Acts employer shared responsibility provisions, but does not repromulgate the exclusion from allowable costs in grants of penalties due for failing to comply with the individual shared responsibility provision because such tax penalty has been reduced to zero except for tax penalties associated with failure to maintain minimum essential coverage prior to January 1, 2019.
2 The final rule also does not repromulgate, and removes, 75.101f; with the amendments to 75.300c and d, the provision is not necessary.

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