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Federal Register / Vol. 86, No. 7 / Tuesday, January 12, 2021 / Rules and Regulations
PART 75UNIFORM ADMINISTRATIVE
REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR HHS
AWARDS
1. The authority citation for 45 CFR
part 75 is revised to read as follows:

Authority: 5 U.S.C. 301; 2 CFR part 200.
75.101

Amended
2. Amend 75.101 by removing paragraph f.
3. Amend 75.300 by revising paragraphs c and d to read as follows:

75.300 Statutory and national policy requirements.

c 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.
d HHS will follow all applicable Supreme Court decisions in administering its award programs.
5. Amend 75.305 by revising paragraph a to read as follows:
75.305

Payment.

a1 For States, payments are governed by Treasury-State CMIA
agreements and default procedures codified at 31 CFR part 205 and TFM
4A2000 Overall Disbursing Rules for All Federal Agencies.
2 To the extent that Treasury-State CMIA agreements and default procedures do not address expenditure of program income, rebates, refunds, contract settlements, audit recoveries and interest earned on such funds, such funds must be expended before requesting additional cash payments.

6. Revise 75.365 to read as follows:

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75.365 Restrictions on public access to records.

Consistent with 75.322, HHS
awarding agencies may require recipients to permit public access to manuscripts, publications, and data produced under an award. However, no HHS awarding agency may place restrictions on the non-Federal entity that limits public access to the records of the non-Federal entity pertinent to a Federal award identified in 75.361
through 75.364, except for protected personally identifiable information PII
or when the HHS awarding agency can demonstrate that such records will be kept confidential and would have been exempted from disclosure pursuant to
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the Freedom of Information Act 5
U.S.C. 552 FOIA or controlled unclassified information pursuant to Executive Order 13556 if the records had belonged to the HHS awarding agency. The FOIA does not apply to those records that remain under a nonFederal entitys control except as required under 75.322. Unless required by Federal, State, local, or tribal statute, non-Federal entities are not required to permit public access to their records identified in 75.361
through 75.364. The non-Federal entitys records provided to a Federal agency generally will be subject to FOIA
and applicable exemptions.
7. Amend 75.414 by revising paragraphs c1i through iii and the first sentence of paragraph f to read as follows:
75.414

Indirect F&A costs.

c
1
i Indirect costs on Federal awards for training are limited to a fixed rate of eight percent of MTDC exclusive of tuition and related fees, direct expenditures for equipment, and subawards in excess of $25,000;
ii Indirect costs on Federal awards to foreign organizations and foreign public entities performed fully outside of the territorial limits of the U.S. may be paid to support the costs of compliance with federal requirements at a fixed rate of eight percent of MTDC exclusive of tuition and related fees, direct expenditures for equipment, and subawards in excess of $25,000; and iii Negotiated indirect costs may be paid to the American University, Beirut, and the World Health Organization.

f In addition to the procedures outlined in the appendices in paragraph e of this section, any non-Federal entity that has never received a negotiated indirect cost rate, except for those non-Federal entities described in paragraphs c1i and ii of this section and section D1b of appendix VII to this part, may elect to charge a de minimis rate of 10% of modified total direct costs MTDC
which may be used indefinitely.

8. Revise 75.477 to read as follows:
75.477

Shared responsibility payments.

a Payments for failure to maintain minimum essential health coverage.
Any payments or assessments imposed on an individual or individuals pursuant to 26 U.S.C. 5000Ab as a result of any failure to maintain
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minimum essential coverage as required by 26 U.S.C. 5000Aa with respect to any period prior to January 1, 2019, are not allowable expenses under Federal awards from an HHS awarding agency.
b Payments for failure to offer health coverage to employees. Any payments or assessments imposed on an employer pursuant to 26 U.S.C. 4980H as a result of the employers failure to offer to its full-time employees and their dependents the opportunity to enroll in minimum essential coverage under an eligible employer-sponsored plan are not allowable expenses under Federal awards from an HHS awarding agency.
FR Doc. 202100207 Filed 1721; 4:15 pm BILLING CODE 415024P

FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 15
ET Docket No. 2036; FCC 20156; FRS
17258

Unlicensed White Space Device Operations in the Television Bands Federal Communications Commission.
ACTION: Final rule.
AGENCY:

In this document, the Commission revises its rules to expand the ability of unlicensed white space devices to deliver wireless broadband services in rural areas and areas where fewer broadcast television stations are on the air. The Commission also modifies its rules to facilitate the development of new and innovative narrowband Internet of Things IoT
devices in TV white spaces. Unlicensed white space devices operate in the VHF
and UHF broadcast TV bands, a spectral region that has excellent propagation characteristics that are particularly attractive for delivering wireless communications services over long distances, varying terrain, and into and within buildings. The Commission adopts a number of changes to the white space device rules to spur continued growth of the white space ecosystem, especially for providing affordable broadband service to rural and unserved communities that can help close the digital divide, while at the same time protecting broadcast television stations in the band from harmful interference.
DATES: Effective February 11, 2021, except for amendatory instruction 4.f.
for 15.709g1ii, which is delayed.
The Commission will publish a document in the Federal Register announcing the effective date.
SUMMARY:

E:FRFM12JAR1.SGM

12JAR1