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Federal Register / Vol. 86, No. 185 / Tuesday, September 28, 2021 / Rules and Regulations
requirements of RCRA. Thus, the requirements of section 12d of the National Technology Transfer and Advancement Act of 1995 15 U.S.C.
272 do not apply. As required by section 3 of Executive Order 12988 61
FR 4729, February 7, 1996, in issuing this authorization, the EPA has taken the necessary steps to eliminate drafting errors and ambiguity, minimize potential litigation, and provide a clear legal standard for affected conduct. The EPA has complied with Executive Order 12630 53 FR 8859, March 15, 1988 by examining the takings implications of this action in accordance with the Attorney Generals Supplemental Guidelines for the Evaluation of Risk and Avoidance of Unanticipated Takings issued under the executive order. This action does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 44 U.S.C. 3501 et seq..
Burden is defined at 5 CFR 1320.3b.
Executive Order 12898 59 FR 7629, February 16, 1994, as amended by Executive Order 14008 86 FR 7619, February 1, 2021, establishes Federal executive policy on environmental justice. Its main provision directs Federal agencies, to the greatest extent practicable and permitted by law, to make environmental justice part of their mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of their programs, policies, and activities on minority populations and low-income populations in the United States.
Because this action authorizes preexisting state rules which are at least equivalent to, and no less stringent than existing Federal requirements, and imposes no additional requirements beyond those imposed by state law, and there are no anticipated significant adverse human health or environmental effects, this authorization is not subject to Executive Order 12898.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. The EPA will submit a report containing this document and other required information to the U.S. Senate, the U.S.
House of Representatives, and the
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Comptroller General of the United States prior to publication in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a major rule as defined by 5 U.S.C. 8042.
Authority: This action is issued under the authority of sections 2002a, 3006, and 7004b of the Solid Waste Disposal Act as amended, 42 U.S.C. 6912a, 6926, and 6974b.
Dated: September 1, 2021.
Deborah Jordan, Acting Regional Administrator, Region IX.
FR Doc. 202119986 Filed 92721; 8:45 am BILLING CODE 656050P

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

Health and Human Services Grants Regulation Assistant Secretary for Financial Resources ASFR, Health and Human Services HHS or the Department.
ACTION: Notification; postponement of effectiveness.
AGENCY:

The U.S. District Court for the District of Columbia in Facing Foster Care et al. v. HHS, 21cv00308 D.D.C.
Feb. 2, 2021, has postponed the effective date of portions of the final rule making amendments to the Uniform Administrative Requirements, promulgated on January 12, 2021.
DATES: Pursuant to court order, the effectiveness of the final rule published January 12, 2021, at 86 FR 2257, is postponed until November 9, 2021. See SUPPLEMENTARY INFORMATION for details.
FOR FURTHER INFORMATION CONTACT:
Johanna Nestor at Johanna.Nestor@
hhs.gov or 2022055904.
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 75.300c and d.
Specifically, the rule amended paragraph c, which had stated, It is a SUMMARY:

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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.
Recipients must comply with this public policy requirement in the administration of programs supported by HHS awards. The rule amended paragraph c to state, 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 had stated, 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. This does 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 state, 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 75.101f were challenged in the U.S.
District Court for the District of Columbia. Facing Foster Care et al. v.
HHS, 21cv00308 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 further postponed the effective date of the rule until November 9, 2021.2 The Department is issuing this document to apprise the public of the courts order.
Xavier Becerra, Secretary.
FR Doc. 202120753 Filed 92721; 8:45 am BILLING CODE 415119P
1 See Order, Facing Foster Care et al. v. HHS, No.
21cv00308 D.D.C. Feb. 2, 2021 order postponing effective date, ECF No. 18.
2 See Order, Facing Foster Care et al. v. HHS, No.
21cv00308 D.D.C. Aug. 5, 2021 order postponing effective date, ECF No. 23.

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