Unknown. Final rule with request for comments

4,159 words·~19 min read·/register/2010/06/03/2010-13093·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2010-06-03.xml --- 75 106 Thursday, June 3, 2010 Contents Agency Agency for Healthcare Research and Quality NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 31445-31447 2010-13107 Meetings, 2010-13108 31449-31450 2010-13109 Agricultural Agricultural Marketing Service RULES Increase Membership: Blueberry Promotion, Research, and Information Order, 31279-31282 2010-13346 Increased Assessment Rates:

Nectarines and Peaches Grown in California, 31275-31279 2010-13333 Agriculture Agriculture Department See Agricultural Marketing Service See Commodity Credit Corporation See Federal Crop Insurance Corporation See Forest Service See Rural Business-Cooperative Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 31412-31413 2010-13330 Alcohol Alcohol, Tobacco, Firearms, and Explosives Bureau RULES Decision-Making Authority Regarding the Denial, Suspension, or Revocation of a Federal Firearms License, or Imposition of a Civil Fine, 31285-31288 2010-13392 Antitrust Antitrust Division NOTICES Proposed Final Judgment and Competitive Impact Statement:

United States of America, et al. v. AMC Entertainment Holdings, Inc. and Kerasotes Showplace Theatres, LLC, 31465-31477 2010-13394 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 31447-31448 2010-13106 Privacy Act; Systems of Records, 31457-31458 2010-13287 Civil Civil Rights Commission NOTICES Meetings: Arizona Advisory Committee, 31419 2010-13290 Meetings; Sunshine Act, 31419 2010-13465 Coast Guard Coast Guard NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 31459-31460 2010-13382 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 31419-31420 2010-13354 Commission of Fine Commission of Fine Arts NOTICES Meetings: U.S. Commission of Fine Arts, 31426 2010-13176 Commodity Commodity Credit Corporation RULES Conservation Stewardship Program, 31610-31661 2010-12699 Comptroller Comptroller of the Currency NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 31510 2010-13250 Consumer Consumer Product Safety Commission NOTICES Meetings: Chronic Hazard Advisory Panel on Phthalates and Phthalate Substitutes, 31426-31428 2010-13389 Education Education Department PROPOSED RULES Promoting Postbaccalaureate Opportunities for Hispanic Americans Program, 31338-31340 2010-13318 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 31428-31429 2010-13363 Energy Energy Department See Federal Energy Regulatory Commission PROPOSED RULES Energy Efficiency Program:

Energy Conservation Standards Furnace Fans; Public Meeting, Availability of Framework Document, 31323-31324 2010-13387 EPA Environmental Protection Agency RULES Approval and Promulgation of Air Quality Implementation Plans: Determination of Attainment of the 1997 Ozone Standard; Rhode Island, 31288-31290 2010-13211 Approval and Promulgation of State Implementation Plan Revisions: Air Pollution Control Rules, and Interstate Transport of Pollution for the 1997 PM2.5 and 8-hour Ozone NAAQS;

North Dakota, 31290-31306 2010-13051 Approval and Promulgation of State Implementation Plans: Interstate Transport of Pollution Revisions for the 1997 8-hour Ozone NAAQS; Colorado, 31306-31317 2010-13050 National Emission Standards for Hazardous Air Pollutants: Area Source Standards for Paints and Allied Products Manufacturing; Amendments, 31317-31320 2010-13384 Prevention of Significant Deterioration and Title V Greenhouse Gas Tailoring Rule, 31514-31608 2010-11974 PROPOSED RULES Approval and Promulgation of Air Quality Implementation Plans:

Section 110(a)(2) Infrastructure Requirements for the 1997 8-Hour Ozone and the 1997 and 2006 Fine Particulate Matter National Ambient Air Quality Standards; Delaware, 31340-31342 2010-13379 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Voluntary Cover Sheet for TSCA Submissions, 31432-31433 2010-13385 Meetings: Science Advisory Board Staff Office; SAB Lead Review Panel, 31433-31434 2010-13386 FAA Federal Aviation Administration RULES Airworthiness Directives:

Airbus Model A319-100, A320-200, A321-100, and A321-200 Series Airplanes; Correction, 31282-31283 2010-13231 Clarification of Parachute Packing Authorization, 31283-31285 2010-13388 PROPOSED RULES Airworthiness Directives: Boeing Co. Model 757 Airplanes, 31327-31330 2010-13306 2010-13307 Bombardier, Inc. Model CL 600 2B19 (Regional Jet Series 100 & 440) Airplanes, 31324-31327 2010-13305 Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-120, -120ER, -120FC, -120QC, and -120RT Airplanes, 31332-31334 2010-13304 Pratt and Whitney PW4000 Series Turbofan Engines, 31330-31332 2010-13314 NOTICES Meetings:

Executive Committee of the Aviation Rulemaking Advisory Committee, 31509 2010-13326 FCC Federal Communications Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 31434-31437 2010-13321 2010-13322 2010-13323 2010-13324 2010-13325 Radio Broadcasting Services: AM or FM Proposals To Change The Community of License, 31437-31438 2010-13383 Federal Crop Federal Crop Insurance Corporation NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 31413 2010-13253 Federal Emergency Federal Emergency Management Agency PROPOSED RULES Flood Elevation Determinations, 31342-31383 2010-13264 2010-13265 2010-13266 2010-13267 2010-13268 2010-13269 Federal Energy Federal Energy Regulatory Commission NOTICES Baseline Filings: Atmos Pipeline - Texas, 31429 2010-13366 Kinder Morgan Border Pipeline LLC, 31429 2010-13367 Compliance Filings: Bay Gas Storage Co., Ltd., 31429-31430 2010-13365 Environmental Assessments:

Northern Lights, Inc.; Availability, 31430 2010-13368 Establishing Dates for Comments: Frequency Regulation Compensation in Organized Wholesale Power Markets, 31430 2010-13371 Requests Under Blanket Authorization: Transcontinental Gas Pipe Line Co., LLC, 31430-31431 2010-13370 Soliciting Comments and Final Recommendations, Terms and Conditions, and Prescriptions: East Texas Electric Cooperative, Inc. (Cooperative), 31431 2010-13369 Federal Highway Federal Highway Administration NOTICES Rescinding Intent for an Environmental Impact Statements;

Availability, etc.: Prince George's County, MD, 31509-31510 2010-13295 FMC Federal Maritime Commission RULES Agency Reorganization and Delegations of Authority; Correction, 31320-31321 2010-13270 NOTICES Agreements Filed, 31438 2010-13409 Applicants: Ocean Transportation Intermediary License, 31438-31439 2010-13417 Filings of Complaint and Assignment: American Stevedoring, Inc. v. Port Authority of New York and New Jersey, 31439-31440 2010-13390 Reissuances: Ocean Transportation Intermediary License, 31440 2010-13416 Revocations:

Ocean Transportation Intermediary License, 31440 2010-13415 Federal Transit Federal Transit Administration PROPOSED RULES Major Capital Investment Projects, 31383-31387 2010-13423 Fine Arts Commission See Commission of Fine Arts Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Wildlife and Plants: Designation of Critical Habitat for Mississippi Gopher Frog, 31387-31411 2010-13359 NOTICES Environmental Impact Statements; Availability, etc.: Comal County Regional Habitat Conservation Plan, Comal County, TX, 31463-31464 2010-13294 Food Food and Drug Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Format and Content Requirements for Over-the-Counter Drug Product Labeling, 31448-31449 2010-13279 Memorandums Of Understandings: International Anesthesia Research Society for Safety; Safety of Key Inhaled and Intravenous Drugs, etc., 31450-31457 2010-13292 Forest Forest Service NOTICES Intent to Prepare an Environmental Impact Statement: Intermountain Region, Payette National Forest, Council Ranger District; Idaho, etc., 31418-31419 2010-13174 Health Health and Human Services Department See Agency for Healthcare Research and Quality See Children and Families Administration See Food and Drug Administration NOTICES Privacy Act;

Systems of Records, 31440-31445 2010-13178 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Infrastructure Protection Data Call Survey, 31458-31459 2010-13349 Housing Housing and Urban Development Department PROPOSED RULES Real Estate Settlement Procedures Act (RESPA): Strengthening and Clarifying RESPAs (Required Use) Prohibition, 31334-31338 2010-13350 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Conversion of Efficiencies Units to One Bedroom Units Multifamily Housing Package, 31461-31462 2010-13344 Record of Employee Interview, 31462-31463 2010-13345 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau International International Trade Administration NOTICES Decision of the Court of International Trade Not in Harmony: Certain New Pneumatic Off-The-Road Tires from the People's Republic of China, 31422-31423 2010-13375 Export Trade Certificate of Review, 31423 2010-13123 Postponement of Preliminary Determination of Antidumping Duty Investigation:

Drill Pipe from the People's Republic of China, 31425-31426 2010-13373 Rescission of Antidumping Duty Administrative Review: Certain Preserved Mushrooms from Indonesia, 31426 2010-13436 Justice Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau See Antitrust Division NOTICES Certification of the Attorney General: Shannon County, South Dakota, 31464 2010-13285 Lodging of Consent Decrees under CERCLA, 31464-31465 2010-13278 Land Land Management Bureau NOTICES Meetings:

Salem District Resource Advisory Committee, 31464 2010-13293 NOAA National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone Off Alaska: Rock Sole, et al., by Vessels Participating in the Amendment 80 Limited Access Fishery in Bering Sea, etc., 31321-31322 2010-13351 NOTICES Application for Exempted Fishing Permits: Atlantic Coastal Fisheries Cooperative Management Act Provisions; Horseshoe Crabs, 31421-31422 2010-13313 Magnuson Stevens Act Provisions;

General Provisions for Domestic Fisheries, 31420-31421 2010-13316 Incidental Taking of Marine Mammals: Explosive Removal of Offshore Structures in the Gulf of Mexico, 31423-31424 2010-13315 Meetings: Fisheries of the South Atlantic, Gulf of Mexico, and Caribbean; Southeast Data, Assessment, and Review (SEDAR) Steering Committee, 31424-31425 2010-13343 New England Fishery Management Council, 2010-13342 31424-31425 2010-13347 Neighborhood Neighborhood Reinvestment Corporation NOTICES Meetings;

Sunshine Act, 2010-12974 31477 2010-12975 Nuclear Nuclear Regulatory Commission NOTICES Consideration of Issuance of Amendment to Early Site Permit: Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing; Southern Nuclear Operating Company, et al., 31477-31480 2010-13327 Postal Postal Service RULES Plant-Verified Drop Shipment

(PVDS)- Nonpostal Documentation, 31288 2010-12885 Rural Rural Business-Cooperative Service NOTICES Funding Availability Inviting Applications for the Rural Microentrepreneur Assistance Program, 31413-31418 2010-13380 SEC Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 31480-31481 2010-13331 2010-13332 Orders of Suspension of Trading: Sintec Co. Ltd., 31481-31482 2010-13440 Self-Regulatory Organizations; Proposed Rule Changes: BATS Exchange, Inc., 31491-31494 2010-13341 NASDAQ OMX PHLX, Inc., 31499-31500 2010-13337 New York Stock Exchange LLC, 31496-31499 2010-13338 New York Stock Exchange, LLC, 31488-31491 2010-13336 NYSE Amex LLC, 2010-13335 31482-31484, 31494-31496, 31500-31505 2010-13339 2010-13340 NYSE Arca, Inc., 31484-31488 2010-13334 Social Social Security Administration RULES Social Security Administration Implementation of OMB Guidance for Drug-Free Workplace Requirements, 31273-31275 2010-13093 State State Department NOTICES Meetings: Defense Trade Advisory Group, 31505 2010-13378 Notifications to Congress of Proposed Commercial Export Licenses: Bureau of Political-Military Affairs; Directorate of Defense Trade Controls, 31505-31508 2010-13374 Susquehanna Susquehanna River Basin Commission NOTICES Projects Approved for Consumptive Uses of Water, 31508-31509 2010-13296 Thrift Thrift Supervision Office NOTICES Approval of Conversion Application: Fox Chase Bancorp, Inc., Hatboro, PA, 31510-31511 2010-13208 Ideal Federal Savings Bank; Baltimore MD, 31511 2010-13216 Oneida Financial Corp.; Oneida, NY, 31511 2010-13209 Peoples Federal Bancshares, Inc.; Brighton, MA, 31511 2010-13213 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Transit Administration Treasury Treasury Department See Comptroller of the Currency See Thrift Supervision Office U.S. U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Refugee/Asylee Relative Petition, 31460-31461 2010-13357 Separate Parts In This Issue Part II Environmental Protection Agency, 31514-31608 2010-11974 Part III Agriculture Department, Commodity Credit Corporation, 31610-31661 2010-12699 Reader Aids Consult the Reader Aids section at the end of this page for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 75 106 Thursday, June 3, 2010 Rules and Regulations SOCIAL SECURITY ADMINISTRATION 2 CFR Part 2339 and 20 CFR Part 439 [Docket No. SSA-2009-0054] RIN 0960-AH14 Social Security Administration Implementation of OMB Guidance for Drug-Free Workplace Requirements AGENCY: Social Security Administration. ACTION: Final rule with request for comments. SUMMARY: The Office of Management and Budget

(OMB)is consolidating all Federal regulations concerning drug-free workplace requirements for recipients of financial assistance. Accordingly, we are removing our regulation on this subject currently located within title 20 of the Code of Federal Regulations

(CFR)and issuing a new regulation to adopt the OMB guidance at 2 CFR part 182. The new regulation makes no substantive change to our policy or procedures for a drug-free workplace. DATES: This direct to final rule is effective on August 2, 2010 without further action. Submit comments by July 6, 2010 on any unintended changes this action makes in our policies and procedures for drug-free workplace. All comments on unintended changes will be considered and, if warranted, we will revise the rule. ADDRESSES: You may submit comments by any one of three methods—Internet, fax, or mail. Do not submit the same comments multiple times or by more than one method. Regardless of which method you choose, please state that your comments refer to Docket No. SSA-2009-0054 so that we may associate your comments with the correct regulation. Caution: You should be careful to include in your comments only information that you wish to make publicly available. We strongly urge you not to include in your comments any personal information, such as Social Security numbers or medical information. 1. *Internet:* We strongly recommend that you submit your comment via the Internet. Please visit the Federal eRulemaking portal at *http://www.regulations.gov.* Use the *Search* function to find docket number SSA-2009-0054. The system will issue a tracking number to confirm your submission. You will not be able to view your comment immediately because we must post each comment manually. It may take up to a week for your comment to be viewable. 2. *Fax:* Fax comments to

(410)966-2830. 3. *Mail:* Mail your comments to the Office of Regulations, Social Security Administration, 107 Altmeyer Building, 6401 Security Boulevard, Baltimore, Maryland 21235-6401. Comments are available for public viewing on the Federal eRulemaking portal at *http://www.regulations.gov* or in person, during regular business hours, by arranging with the contact person identified below. FOR FURTHER INFORMATION CONTACT: Fran O. Thomas, Office of Regulations, Social Security Administration, 6401 Security Boulevard, Baltimore, MD 21235-6401,

(410)966-9822. For information on eligibility or filing for benefits, call our national toll-free number, 1-800-772-1213 or TTY 1-800-325-0778, or visit our Internet site, Social Security Online, at *http://www.socialsecurity.gov.* SUPPLEMENTARY INFORMATION: Electronic Version The electronic file of this document is available on the date of publication in the **Federal Register** at *http://www.gpoaccess.gov/fr/index.html.* Background Congress passed the Drug-Free Workplace Act of 1988 as part of omnibus drug legislation. Public Law 100-690, title V, Subtitle D; 41 U.S.C. 701, *et seq.* This statute requires that recipients of grants and parties to cooperative agreements must provide a drug-free workplace. Federal agencies issued an interim final common rule to implement the act as it applied to grants. 54 FR 4946, January 31, 1989. The agencies issued a final common rule after consideration of public comments [55 FR 21681, May 25, 1990]. The agencies proposed an update to the drug-free workplace common rule in 2002 [67 FR 3266, January 23, 2002] and finalized it in 2003 [68 FR 66534, November 26, 2003]. The updated common rule was redrafted in plain language. Based on an amendment to the drug-free workplace requirements in 41 U.S.C. 702 [Pub. L. 105-85, div. A, title VIII, Sec. 809, Nov. 18, 1997, 111 Stat. 1838], the update also allowed multiple enforcement options from which agencies could select. When it established 2 CFR as the new central location for OMB guidance and agency implementing regulations concerning grants and agreements [69 FR 26276, May 11, 2004], OMB announced its intention to replace common rules with OMB guidance that agencies could adopt in brief regulations. OMB began that process by proposing [70 FR 51863, August 31, 2005] and finalizing [71 FR 66431, November 15, 2006] Government-wide guidance on non-procurement suspension and debarment in 2 CFR part 180. As the next step in that process, OMB proposed for comment [73 FR 55776, September 26, 2008] and finalized [74 FR 28149, June 15, 2009] Government-wide guidance with policies and procedures to implement drug-free workplace requirements for financial assistance. The guidance requires each agency to replace the common rule on drug-free workplace requirements that the agency previously issued in its own CFR title with a brief regulation in 2 CFR adopting the Government-wide policies and procedures. One advantage of this approach is that it reduces the total number of drug-free workplace regulations. A second advantage is that it collocates OMB's guidance and all of the agencies' implementing regulations in 2 CFR. The Current Regulatory Actions As the OMB guidance requires, we are taking two regulatory actions. First, we are removing the drug-free workplace common rule from 20 CFR part 439. Second, to replace the common rule, we are issuing a brief regulation in 2 CFR part 2339 to adopt the Government-wide policies and procedures in the OMB guidance. Invitation To Comment This regulatory action is solely an administrative simplification and does not make any substantive change in our policies or procedures. While we invite your comments on this action, we will not revisit substantive issues that were resolved during the development of the final common rule in 2003. Please limit your comments to any specific unintended changes in substantive content that the new regulation would make. Regulatory Procedures We follow the Administrative Procedure Act

(APA)rulemaking procedures specified in 5 U.S.C. 553 in the development of our regulations. 205(a), 702(a)(5), and 1631(d)(1) of the Act, 42 U.S.C. 405(a), 902(a)(5), 1383(d)(1). The APA provides exceptions to its prior notice and public comment procedures when an agency finds there is good cause for dispensing with such procedures on the basis that they are impracticable, unnecessary, or contrary to the public interest. This final rule is solely an administrative simplification that makes no substantive changes to our policy or procedures for drug-free workplace. We therefore believe that the rule is noncontroversial and do not expect to receive any adverse comments, although we are inviting comments on any unintended substantive change this rule may make. Accordingly, we find that the solicitation of public comments on this final rule is unnecessary and that good cause exists under 5 U.S.C. 553(b)(B) and 553(d) to make this rule effective on August 2, 2010. If any comment on unintended effects is received, we will consider it and, if warranted, publish a timely revision of the rule. Executive Order 12866 We have consulted with OMB and determined that this final rule does not meet the criteria for a significant regulatory action under Executive Order 12866 and is not subject to OMB review. Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b) This final rule will not have a significant economic impact on a substantial number of small entities. Therefore, we did not prepare a regulatory flexibility analysis. Unfunded Mandates Act of 1995 (Sec. 202, Pub. L. 104-4) This final rule does not contain a Federal mandate that will result in the expenditure by State, local, or tribal governments, in aggregate, or by the private sector of $100 million or more in any one year. Paperwork Reduction Act of 1995 (44 U.S.C., Chapter 35) These final rules contain a public reporting requirement in the regulation section listed below. Since the inception of these rules in 1988, we have not received any notifications from any of our 167 grantees; therefore, we do not expect to receive any notifications in the future. However, since there is a public reporting requirement that affects the grantees, we inserted a 1-hour placeholder burden for this section. Regulation section Description of public reporting requirement Total number of grantees Number of respondents (annually) Frequency of response Average burden per response (minutes) Estimated annual burden (hours) 2 CFR 2339.225 A recipient other than an individual must notify the Commissioner of Social Security about an employee's conviction for a criminal drug offense 167 1 hour We are soliciting comments on the burden estimate; the need for the information; its practical utility; ways to enhance its quality, utility, and clarity; and ways to minimize the burden on respondents, including the use of automated techniques or other forms of information technology. If you would like to submit comments, please send them to the following locations: Office of Management and Budget, Attn: Desk Officer for SSA, Fax Number: 202-395-6974, E-mail address: *OIRA_Submission@omb.eop.gov.* Social Security Administration, Attn: Reports Clearance Officer, 1333 Annex, 6401 Security Blvd., Baltimore, MD 21235-0001, Fax Number: 410-965-6400, E-mail: *OPLM.RCO@ssa.gov.* You can submit comments until August 2, 2010, which is 60 days after the publication of this notice. However, your comments will be most useful if you send them to SSA by July 6, 2010, which is 30 days after publication. To receive a copy of the OMB clearance package, contact the SSA Reports Clearance Officer using any of the above contact methods. We prefer to receive comments by e-mail or fax. Federalism (Executive Order 13132) This final rule does not have Federalism implications, as set forth in Executive Order 13132. It will not have substantial direct effects on the States, on the relationship between the Federal Government and the States, or on the distribution of power and responsibilities among the various levels of government. List of Subjects in 2 CFR Part 2339 and 20 CFR Part 439 Administrative practice and procedure, Drug abuse, Grant programs, Reporting and recordkeeping requirements. Michael J. Astrue, Commissioner of Social Security. Accordingly, for the reasons set forth in the preamble, and under the authority of 5 U.S.C. 301, SSA is amending the Code of Federal Regulations, title 2, Subtitle B, Chapter XXIII, and title 20, chapter III, part 439, as follows: Title 2—Grants and Agreements 1. Add part 2339 in Subtitle B, Chapter XXIII of 2 CFR, to read as follows: PART 2339—REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) Sec. 2339.10 What does this part do? 2339.20 Does this part apply to me? 2339.30 What policies and procedures must I follow? Subpart A—[Reserved] Subpart B—Requirements for Recipients Other Than Individuals 2339.225 Who in the Social Security Administration does a recipient other than an individual notify about a criminal drug conviction? Subpart C—[Reserved] Subpart D—Responsibilities of Agency Awarding Officials 2339.400 What method do I use as an agency awarding official to obtain a recipient's agreement to comply with the OMB guidance? Subpart E—Violations of this Part and Consequences 2339.500 Who in the Social Security Administration determines that a recipient other than an individual violated the requirements of this part? Subpart F—[Reserved] Authority: 41 U.S.C. 701-707. § 2339.10 What does this part do? This part requires that the award and administration of Social Security Administration

(SSA)grants and cooperative agreements comply with Office of Management and Budget

(OMB)guidance implementing the portion of the Drug-Free Workplace Act of 1988 (41 U.S.C. 701-707, as amended, hereafter referred to as “the Act”) that applies to grants. It thereby—

(a)Gives regulatory effect to the OMB guidance (subparts A through F of 2 CFR part 182) for SSA's grants and cooperative agreements; and

(b)Establishes SSA's policies and procedures for compliance with the Act that are the same as those of other Federal agencies, in conformance with the requirement in 41 U.S.C. 705 for Government-wide implementing regulations. § 2339.20 Does this part apply to me? This part and, through this part, pertinent portions of the OMB guidance in Subparts A through F of 2 CFR part 182 (see table at 2 CFR 182.115(b)) apply to you if you are—

(a)A recipient of an SSA grant or cooperative agreement; or

(b)An SSA awarding official. § 2339.30 What policies and procedures must I follow?

(a)*General.* You must follow the policies and procedures specified in applicable sections of the OMB guidance in Subparts A through F of 2 CFR part 182, as implemented by this part.

(b)*Specific sections of OMB guidance that this part supplements.* In implementing the OMB guidance in 2 CFR part 182, this part supplements four sections of the guidance, as shown in the following table. Section of OMB guidance in 2 CFR Section in this part where supplemented, 2 CFR What the supplementation clarifies

(1)182.225(a) § 2339.225 Who in SSA a recipient other than an individual must notify if an employee is convicted for a violation of a criminal drug statute in the workplace.

(2)182.300(b) § 2339.300 Who in SSA a recipient who is an individual must notify if he or she is convicted of a criminal drug offense resulting from a violation occurring during the conduct of any award activity.

(3)182.500 § 2339.500 Who in SSA is authorized to determine that a recipient other than an individual is in violation of the requirements of 2 CFR part 182, as implemented by this part.

(4)182.505 § 2339.505 Who in SSA is authorized to determine that a recipient who is an individual is in violation of the requirements of 2 CFR part 182, as implemented by this part.

(c)*Sections of the OMB guidance that this part does not supplement.* Our policies and procedures are the same as those in the OMB guidance for any section not included in the table in paragraph

(b)of this section. Subpart A—[Reserved.] Subpart B—Requirements for Recipients Other Than Individuals § 2339.225 Who in the Social Security Administration does a recipient other than an individual notify about a criminal drug conviction? A recipient other than an individual that is required under 2 CFR 182.225(a) to notify Federal agencies about an employee's conviction for a criminal drug offense must notify the Commissioner of Social Security or designee. Subpart C—[Reserved.] Subpart D—Responsibilities of Agency Awarding Officials § 2339.400 What method do I use as an agency awarding official to obtain a recipient's agreement to comply with the OMB guidance? You must include the following term or condition in the award: *Drug-free workplace.* You, as the recipient, must comply with drug-free workplace requirements in Subpart B, which adopts the Government-wide implementation (2 CFR part 182) of sec. 5152-5158 of the Drug-Free Workplace Act of 1988 (Pub. L. 100-690, Title V, Subtitle D; 41 U.S.C. 701-707). Subpart E—Violations of this Part and Consequences § 2339.500 Who in the Social Security Administration determines that a recipient other than an individual violated the requirements of this part? The Commissioner of Social Security or designee will make the determination. Subpart F—[Reserved] Title 20—Employees' Benefits Chapter III—Social Security Administration PART 439—[REMOVED] 2. Remove Part 439. [FR Doc. 2010-13093 Filed 6-2-10; 8:45 am]

Connectionstraces to 9

Traces to 9 documents

U.S. Code