Unknown. Final rule

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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-2010-07-08.xml --- 75 130 Thursday, July 8, 2010 Contents AID Agency for International Development NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 39204-39205 2010-16465 2010-16466 Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Commodity Credit Corporation See Food Safety and Inspection Service See Forest Service Animal Animal and Plant Health Inspection Service NOTICES Pest Risk Analysis for Importation of Wall Rocket Leaves from the United Kingdom, etc.;

Availability, 39203-39204 2010-16709 Architectural Architectural and Transportation Barriers Compliance Board NOTICES Meetings, 39205 2010-16674 Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Bonneville Bonneville Power Administration NOTICES Environmental Impact Statements; Availability, etc.: Hooper Springs Project, 39241-39243 2010-16622 Centers Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 39259-39263 2010-16601 2010-16602 2010-16604 Meetings: CDC/HRSA Advisory Committee on HIV and STD Prevention and Treatment, 39264-39265 2010-16613 ICD-9-CM Coordination and Maintenance Committee, 39265 2010-16610 Requests for Nominations: Board of Scientific Counselors, 39265-39266 2010-16608 Civil Civil Rights Commission NOTICES Meetings; Sunshine Act, 39205 2010-16795 Coast Guard Coast Guard RULES Safety Zone: Illinois River, Mile 119.7 to 120.3, 39163-39165 2010-16586 Safety Zones:

San Francisco Giants Baseball Game Promotion, San Francisco, CA, 39166-39168 2010-16584 Special Local Regulation for Marine Events: Mattaponi River, Wakema, VA, 39161-39163 2010-16587 PROPOSED RULES Safety Zones: Fireworks Display, Portland, OR, 39197-39200 2010-16585 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration Commodity Commodity Credit Corporation RULES Voluntary Public Access and Habitat Incentive Program, 39135-39143 2010-16656 Consumer Consumer Product Safety Commission NOTICES Meetings;

Sunshine Act, 39209-39210 2010-16814 2010-16817 2010-16855 Coordinating Coordinating Council on Juvenile Justice and Delinquency Prevention NOTICES Request for Public Comments, 39210-39211 2010-16696 Corporation Corporation for National and Community Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 39211-39212 2010-16575 Defense Defense Department RULES Federal Acquisition Regulation; FAR Case 2008-039, Reporting Executive Compensation and First-Tier Subcontract Awards, 39414-39420 2010-16691 Federal Acquisition Regulation;

Federal Acquisition Circular 2005-44; Small Entity Compliance Guide, 39420-39421 2010-16684 Federal Acquisition Regulations: Federal Acquisition Circular 2005-44; Introduction, 39414 2010-16693 NOTICES Establishment of Committee: Independent Panel Review of Judge Advocate Requirements of the Department of the Navy, 39212-39213 2010-16592 Extension of Provider Reimbursement Demonstration Project for the State of Alaska, 39213-39214 2010-16680 Education Education Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 39214-39216 2010-16653 2010-16654 2010-16655 Applications for New Awards for Fiscal Year

(FY)2010: Rehabilitation Research and Training Centers; Effective Vocational Rehabilitation Service Delivery Practices, 39216-39220 2010-16683 National Institute on Disability and Rehabilitation Research (NIDRR), 39431-39435 2010-16690 Rehabilitation Research and Training Centers; Employment Policy and Measurement, 39426-39429 2010-16676 Charter Schools Program Grants for Replication and Expansion of High-Quality Charter Schools, 39220 2010-16670 Disability and Rehabilitation Research Projects and Centers Program: Rehabilitation Research and Training Centers; Center on Employment Policy and Measurement, 39424-39425 2010-16673 Rehabilitation Research and Training Centers; Effective Vocational Rehabilitation Service Delivery Practices, 39220-39224 2010-16681 National Institute on Disability and Rehabilitation Research (NIDRR): International Exchange of Knowledge and Experts in Disability and Rehabilitation Research, 39429-39431 2010-16689 Election Election Assistance Commission NOTICES Meetings; Sunshine Act, 39224 2010-16845 Energy Energy Department See Bonneville Power Administration See Federal Energy Regulatory Commission EPA Environmental Protection Agency RULES Revisions to California State Implementation Plans: Imperial County Air Pollution Control District, 39366-39390 2010-16350 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 39244-39246 2010-16677 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Exhaust Emissions of Light-duty Vehicles in Metropolitan Detroit, 39246-39247 2010-16692 Implementation of Ambient Air Protocol Gas Verification Program, 39250-39251 2010-16694 Land Disposal Restrictions, 39248-39249 2010-16625 NSPS for Secondary Brass and Bronze Production, Primary Copper Smelters, etc., 39247-39248 2010-16695 Control of Air Pollution from New Motor Vehicles: Public Workshop for Heavy-Duty Diesel Engines Employing Selective Catalyst Reduction Technology, 39251-39252 2010-16702 Documents; Availability, etc.: National Ambient Air Quality Standards for Particulate Matter, 39252-39253 2010-16491 Draft Documents; Availability, etc.: Review of the National Ambient Air Quality Standards for Particulate Matter, 39253-39254 2010-16490 EPA Responses to State and Tribal 2008 Lead Designation Recommendations, 39254-39256 2010-16700 Meetings: Environmental Financial Advisory Board, 39256-39257 2010-16627 Farm Farm Credit Administration PROPOSED RULES Funding and Fiscal Affairs, Loan Policies and Operations, and Funding Operations: Capital Adequacy; Capital Components—Basel Accord Tier 1 and Tier 2, 39392-39411 2010-16457 FAA Federal Aviation Administration RULES Airworthiness Directives: Arrow Falcon Exporters, Inc. (previously Utah State University), et al., 39143-39145 2010-16529 Amendment of Class C Airspace: Flint, MI, 39145-39146 2010-16469 Amendment of Class D and E Airspace: Yuma, AZ, 39146-39147 2010-16484 Establishment of Class E Airspace: Bryce Canyon, UT, 39147-39148 2010-16479 Establishment of Class E Airspace; Lucin, UT, 39148-39149 2010-16475 Establishment of Low Altitude Area Navigation Route (T-284): Houston, TX; Withdrawal, 39149 2010-16492 Establishment of VOR Federal Airway V-625: Arizona, 39149-39150 2010-16471 Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments, 39150-39154 2010-16250 2010-16261 PROPOSED RULES Airworthiness Directives: Arrow Falcon Exporters, Inc.; et al., 39192-39196 2010-16511 Boeing Company Model 747-100 Series Airplanes, et al., 39185-39189 2010-16606 The Boeing Company Model 747 Airplanes, 39189-39192 2010-16551 Proposed Legal Interpretation, 39196-39197 2010-16385 FCC Federal Communications Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 39257-39258 2010-16583 Federal Energy Federal Energy Regulatory Commission NOTICES Applications: PK Ventures, Inc., 39224-39225 2010-16558 Combined Filings, 39225-39241 2010-16633 2010-16634 2010-16635 2010-16636 2010-16640 2010-16641 2010-16642 2010-16643 2010-16644 2010-16645 2010-16646 2010-16647 Filings: California Independent System Operator Corp., 39243-39244 2010-16556 Joint Petition for Clarification, or in the Alternative, Request for Limited Waiver: Arizona Public Service Co.; Sequent Energy Management, L.P, 39244 2010-16555 Technical Conference: Reliability Standards Development and NERC and Regional Entity Enforcement, 39244 2010-16557 FMC Federal Maritime Commission NOTICES Agreements Filed, 39259 2010-16662 Federal Railroad Federal Railroad Administration NOTICES Draft Findings of No Significant Impact: Washington State Portion of the Pacific Northwest Rail Corridor Upgrades, 39325-39326 2010-16664 Federal Reserve Federal Reserve System NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 39258 2010-16619 Change in Bank Control Notices: Acquisition of Shares of Bank or Bank Holding Companies, 39259 2010-16616 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 39259 2010-16617 Federal Transit Federal Transit Administration NOTICES Environmental Impact Statements; Availability, etc.: Proposed Implementation of Rail Passenger Service on the Cotton Belt Corridor, 39326-39329 2010-16599 Food Food and Drug Administration NOTICES Guidance for Humanitarian Device Exemption Holders, et al.; Availability: Humanitarian Device Exemption Regulation; Questions and Answers, 39263-39264 2010-16548 Food Food Safety and Inspection Service NOTICES Nominations for Membership on the National Advisory Committee on Microbiological Criteria for Foods, 39201-39203 2010-16818 Foreign Foreign-Trade Zones Board NOTICES Termination of Foreign-Trade Subzone 39J, Lewisville, TX, 39208-39209 2010-16663 Forest Forest Service NOTICES Meetings: Medbow-Routt Resource Advisory Committee, 39201 2010-16612 Wrangell-Petersburg Resource Advisory Committee, 39201 2010-16598 GSA General Services Administration RULES Federal Acquisition Regulation; FAR Case 2008-039, Reporting Executive Compensation and First-Tier Subcontract Awards, 39414-39420 2010-16691 Federal Acquisition Regulation; Federal Acquisition Circular 2005-44; Small Entity Compliance Guide, 39420-39421 2010-16684 Federal Acquisition Regulations: Federal Acquisition Circular 2005-44; Introduction, 39414 2010-16693 Geological Geological Survey NOTICES Call for Nominations: National Geospatial Advisory Committee, 39272-39273 2010-16594 Energy Independence and Security Act (Public Law 110-140), 39273 2010-16236 Health Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See National Institutes of Health Homeland Homeland Security Department See Coast Guard See U.S. Citizenship and Immigration Services PROPOSED RULES Privacy Act; Implementation of Exemptions: Department of Homeland Security/ALL - 029 Civil Rights and Civil Liberties Records System of Records, 39184-39185 2010-16580 NOTICES Meetings: National Infrastructure Advisory Council, 39266 2010-16713 Privacy Act; Systems of Records, 39266-39271 2010-16569 Interior Interior Department See Geological Survey See Land Management Bureau See National Park Service See Surface Mining Reclamation and Enforcement Office IRS Internal Revenue Service NOTICES Meetings: Area 1 Taxpayer Advocacy Panel, 39331 2010-16568 Area 2 Taxpayer Advocacy Panel, 39332 2010-16576 Area 3 Taxpayer Advocacy Panel, 39331 2010-16577 Area 4 Taxpayer Advocacy Panel, 39330 2010-16562 Area 5 Taxpayer Advocacy Panel, 39330 2010-16565 Area 6 Taxpayer Advocacy Panel, 39333 2010-16564 Area 7 Taxpayer Advocacy Panel (including the states of Alaska, California, Hawaii, and Nevada), 39330 2010-16570 Taxpayer Advocacy Panel Earned Income Tax Credit Project Committee, 39333 2010-16571 Taxpayer Advocacy Panel Joint Committee, 39332 2010-16579 Taxpayer Advocacy Panel Notice Improvement Project Committee, 39333 2010-16573 Taxpayer Advocacy Panel Small Business/Self Employed Project Committee, 39331 2010-16574 Taxpayer Advocacy Panel Tax Forms and Publications/MLI Project Committee, 39330-39331 2010-16572 Taxpayer Advocacy Panel Taxpayer Assistance Center Committee, 39332 2010-16578 Taxpayer Advocacy Panel Volunteer Income Tax Assistance Issue Committee, 39332-39333 2010-16561 International International Trade Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: International Buyer Program Application and Exhibitor Data, 39206 2010-16589 Extension of Time Limit for Preliminary Results of Antidumping Duty Administrative Review: Purified Carboxymethylcellulose from Finland, 39207-39208 2010-16665 Final Results of Changed-Circumstances Antidumping Duty Administrative Review: Polyester Staple Fiber from Taiwan, 39208 2010-16661 U.S.-China Environmental Industries Forum, 39209 2010-16581 International International Trade Commission NOTICES Investigations: Certain Caskets, 39276-39277 2010-16638 Certain Tissue Paper Products from China, 39277-39278 2010-16650 Sorbitol from France, 39277 2010-16649 Justice Justice Department NOTICES Lodging of Consent Decree under CERCLA, 39278 2010-16679 Proposed Settlement Agreements under CERCLA, etc., 39278-39279 2010-16678 Labor Labor Department See Occupational Safety and Health Administration Land Land Management Bureau NOTICES Realty Action: Proposed Direct Sale of Public Land, Chaves County, NM, 39273-39275 2010-16605 Recreation and Public Purposes Act Classification; Rio Blanco County, CO, 39275-39276 2010-16603 Management Management and Budget Office NOTICES 2010 Standards for Delineating Metropolitan and Micropolitan Statistical Areas, 39052 **Editorial Note:** This entry was inadvertently omitted from the July 7 Table of Contents of the **Federal Register** . NASA National Aeronautics and Space Administration RULES Federal Acquisition Regulation; FAR Case 2008-039, Reporting Executive Compensation and First-Tier Subcontract Awards, 39414-39420 2010-16691 Federal Acquisition Regulation; Federal Acquisition Circular 2005-44; Small Entity Compliance Guide, 39420-39421 2010-16684 Federal Acquisition Regulations: Federal Acquisition Circular 2005-44; Introduction, 39414 2010-16693 National Archives National Archives and Records Administration NOTICES Records Schedules; Availability and Request for Comments, 39281-39283 2010-16509 National Foundation National Foundation on the Arts and the Humanities RULES Implementation of OMB Guidance on Drug Free Workplace Requirements: Institute of Museum and Library Services, 39133-39135 2010-15395 NIH National Institutes of Health NOTICES Meetings: Eunice Kennedy Shriver National Institute of Child Health and Human Development, 39264 2010-16472 NOAA National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone Off Alaska: Pacific Ocean Perch in the Western Regulatory Area of the Gulf of Alaska, 39183 2010-16639 Fisheries of the Northeastern United States: Recreational Management Measures for the Summer Flounder, Scup, and Black Sea Bass Fisheries, 39170-39178 2010-16651 Magnuson-Stevens Act Provisions; Fisheries Off West Coast States: Pacific Coast Groundfish Fishery; Biennial Specifications and Management Measures, 39178-39183 2010-16632 NOTICES Applications: Marine Mammals; File Nos. 87-1851 and 555-1870, 39206-39207 2010-16659 Environmental Assessments; Availability, etc.: San Joaquin River Chinook Salmon; Correction, 39207 2010-16660 Incidental Takes of Marine Mammals During Specified Activities: Marine Seismic Survey in the Arctic Ocean, August to September, 2010, 39336-39364 2010-16374 National Park National Park Service RULES Special Regulations; Areas of the National Park System, 39168-39170 2010-16600 Nuclear Nuclear Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 39283-39284 2010-16624 Environmental Assessments; Availability, etc.: Southern Nuclear Operating Co., et al., Vogtle Electric Generating Plant, 39284 2010-16631 Virginia Electric and Power Co., North Anna Power Station, Unit 1, 39285 2010-16630 Updated Antitrust Information: Tennessee Valley Authority, 39285-39287 2010-16628 Occupational Occupational Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Student Data Form, 39279-39281 2010-16560 Postal Postal Regulatory Commission PROPOSED RULES Periodic Reporting, 39200 2010-16531 SEC Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 39287-39292 2010-16537 2010-16539 2010-16540 2010-16541 2010-16542 2010-16543 2010-16544 2010-16545 2010-16546 2010-16547 Self-Regulatory Organizations; Proposed Rule Changes: BATS Exchange, Inc., 39303-39305 2010-16535 EDGA Exchange, Inc., 39319-39322 2010-16566 EDGX Exchange, Inc., 39307-39311 2010-16563 International Securities Exchange, LLC, 39311-39314 2010-16668 2010-16669 NASDAQ OMX BX, Inc., 39299-39301 2010-16533 NASDAQ OMX PHLX, Inc., 39301-39303 2010-16534 NASDAQ Stock Market LLC, 39315-39319 2010-16567 NYSE Amex LLC, 39305-39306 2010-16536 NYSE Arca, Inc., 39292-39299, 39306-39307 2010-16532 2010-16538 The Options Clearing Corp., 39314-39315 2010-16667 Social Social Security Administration RULES Setting the Time and Place for a Hearing before an Administrative Law Judge, 39154-39161 2010-16549 State State Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Retail Price Schedule, 39322-39323 2010-16672 Amendment to the Biometric Visa Program, 39323-39324 2010-16671 Surface Surface Mining Reclamation and Enforcement Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 39272 2010-16464 Thrift Thrift Supervision Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Interagency Guidance on Asset Securitization Activities, 39329-39330 2010-16675 Transportation Transportation Department See Federal Aviation Administration See Federal Railroad Administration See Federal Transit Administration NOTICES Applications for Certificates of Public Convenience and Necessity and Foreign Air Carrier Permits, 39324-39325 2010-16609 2010-16614 2010-16620 2010-16621 Aviation Proceedings; Agreements Filed, 39325 2010-16611 Treasury Treasury Department See Internal Revenue Service See Thrift Supervision Office U.S. U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 39271-39272 2010-16525 Veterans Veterans Affairs Department NOTICES Meetings: Veterans' Rural Health Advisory Committee, 39333-39334 2010-16648 Separate Parts In This Issue Part II Commerce Department, National Oceanic and Atmospheric Administration, 39336-39364 2010-16374 Part III Environmental Protection Agency, 39366-39390 2010-16350 Part IV Farm Credit Administration, 39392-39411 2010-16457 Part V Defense Department, 39414-39421 2010-16691 2010-16684 2010-16693 General Services Administration, 39414-39421 2010-16691 2010-16684 2010-16693 National Aeronautics and Space Administration, 39414-39421 2010-16691 2010-16684 2010-16693 Part VI Education Department, 39424-39435 2010-16690 2010-16676 2010-16673 2010-16689 Part VII Presidential Documents, 39437-39442 2010-16864 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. 75 130 Thursday, July 8, 2010 Rules and Regulations NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES 2 CFR Part 3186 45 CFR Part 1186 RIN 3137-AA19 Institute of Museum and Library Services Implementation of OMB Guidance on Drug-Free Workplace Requirements AGENCY: Institute of Museum and Library Services, National Foundation on the Arts and the Humanities. ACTION: Final rule. SUMMARY: The Institute of Museum and Library Services

(IMLS)is removing its regulation implementing the Governmentwide common rule on drug-free workplace requirements for financial assistance, currently located within Part 1186 of Title 45 of the Code of Federal Regulations (CFR), and issuing a new regulation to adopt the Office of Management and Budget

(OMB)guidance at 2 CFR part 182. This regulatory action implements the OMB's initiative to streamline and consolidate into one title of the CFR all Federal regulations on drug-free workplace requirements for financial assistance. These changes constitute an administrative simplification that would make no substantive change in IMLS policy or procedures for drug-free workplace. DATES: This final rule is effective on September 7, 2010 without further action. Submit comments by August 9, 2010 on any unintended changes this action makes in IMLS policies and procedures for drug-free workplace. All comments on unintended changes will be considered and, if warranted, IMLS will revise the rule. ADDRESSES: Institute of Museum and Library Services, 1800 M Street, NW., 9th Floor, Washington, DC 20036. Telephone:

(202)653-4657; Teletype (TTY/TDD) for persons with hearing difficulty:

(202)653-4614. FOR FURTHER INFORMATION CONTACT: Calvin D. Trowbridge III, Deputy General Counsel, Institute of Museum and Library Services, 1800 M Street, NW., 9th Floor, Washington, DC 20036. Telephone:

(202)653-4675; Teletype (TTY/TDD) for persons with hearing difficulty:

(202)653-4614; Fax:

(202)653-4610; E-mail: *ctrowbridge@imls.gov.* SUPPLEMENTARY INFORMATION: Background The Drug-Free Workplace Act of 1988 [Pub. L. 100-690, Title V, Subtitle D; 41 U.S.C. 701, *et seq.* ] was enacted as a part of omnibus drug legislation on November 18, 1988. Federal agencies issued an interim final common rule to implement the act as it applied to grants [54 FR 4946, January 31, 1989]. The rule was a subpart of the Governmentwide common rule on nonprocurement suspension and debarment. 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 and adopted as a separate part, independent from the common rule on nonprocurement suspension and debarment. 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, rather than requiring use of a certification in all cases. When it established Title 2 of the 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] Governmentwide guidance on nonprocurement 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 [28 FR 28149, June 15, 2009] Governmentwide 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 Governmentwide policies and procedures. One advantage of this approach is that it reduces the total volume 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, IMLS is taking two regulatory actions. First, we are removing the drug-free workplace common rule from 45 CFR part 1186. Second, to replace the common rule, we are issuing a brief regulation in 2 CFR part 3186 to adopt the Governmentwide policies and procedures in the OMB guidance. Invitation To Comment Taken together, these regulatory actions are solely an administrative simplification and are not intended to make any substantive change in policies or procedures. In soliciting comments on these actions, we therefore are not seeking to revisit substantive issues that were resolved during the development of the final common rule in 2003. We are inviting comments specifically on any unintended changes in substantive content that the new part in 2 CFR would make relative to the common rule at 45 CFR part 1186. Administrative Procedure Act Under the Administrative Procedure Act (5 U.S.C. 553), agencies generally propose a regulation and offer interested parties the opportunity to comment before it becomes effective. However, as described in the “Background” section of this preamble, the policies and procedures in this regulation have been proposed for comment two times—one time by Federal agencies as a common rule in 2002 and a second time by OMB as guidance in 2008—and adopted each time after resolution of the comments received. This direct final rule is solely an administrative simplification that would make no substantive change in IMLS policy or procedures for drug-free workplace. We therefore believe that the rule is noncontroversial and do not expect to receive adverse comments, although we are inviting comments on any unintended substantive change this rule makes. Accordingly, we find that the solicitation of public comments on this direct 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 September 7, 2010 without further action, unless we receive adverse comment by August 9, 2010. If any comment on unintended changes is received, it will be considered and, if warranted, we will publish a timely revision of the rule. Executive Order 12866 OMB has determined this rule to be not significant for purposes of E.O. 12866. Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)) This regulatory action will not have a significant adverse impact on a substantial number of small entities. Unfunded Mandates Act of 1995 (Sec. 202, Pub. L. 104-4) This regulatory action does not contain a Federal mandate that will result in the expenditure by State, local, and 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) This regulatory action will not impose any additional reporting or recordkeeping requirements under the Paperwork Reduction Act. Federalism (Executive Order 13132) This regulatory action 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 national government and the States, or on the distribution of power and responsibilities among the various levels of government. List of Subjects 2 CFR Part 3186 Administrative practice and procedure, Drug abuse, Grant programs, Reporting and recordkeeping requirements. 45 CFR Part 1186 Administrative practice and procedure, Drug abuse, Grant programs, Reporting and recordkeeping requirements. Accordingly, for the reasons set forth in the preamble, and under the authority of 5 U.S.C. 301, the IMLS amends the Code of Federal Regulations, Title 2, Subtitle B, Chapter XXXI, and Title 45, Chapter XI, part 1186, as follows: Title 2—Grants and Agreements 1. Add part 3186 in Subtitle B, Chapter XXXI, to read as follows: PART 3186—REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) Sec. 3186.10 What does this part do? 3186.20 Does this part apply to me? 3186.30 What policies and procedures must I follow? Subpart A—Purpose and Coverage [Reserved] Subpart B—Requirements for Recipients Other Than Individuals 3186.225 Whom in the IMLS does a recipient other than an individual notify about a criminal drug conviction? Subpart C—Requirements for Recipients Who Are Individuals 3186.300 Whom in the IMLS does a recipient who is an individual notify about a criminal drug conviction? Subpart D—Responsibilities of Agency Awarding Officials 3186.400 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 3186.500 Who in the IMLS determines that a recipient other than an individual violated the requirements of this part? 3186.505 Who in the IMLS determines that a recipient who is an individual violated the requirements of this part? Authority: 41 U.S.C. 701-707. § 3186.10 What does this part do? This part requires that the award and administration of IMLS 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 the IMLS's grants and cooperative agreements; and

(b)Establishes IMLS 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 Governmentwide implementing regulations. § 3186.20 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 IMLS grant or cooperative agreement; or

(b)IMLS awarding official. § 3186.30 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. For each of those sections, you must follow the policies and procedures in the OMB guidance, as supplemented by this part. Section of OMB guidance Section in this part where supplemented What the supplementation clarifies

(1)2 CFR 182.225(a) § 3186.225 Whom in the IMLS 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)2 CFR 182.300(b) § 3186.300 Whom in the IMLS 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)2 CFR 182.500 § 3186.500 Who in the IMLS 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)2 CFR 182.505 § 3186.505 Who in the IMLS 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.* For any section of OMB guidance in Subparts A through F of 2 CFR part 182 that is not listed in paragraph

(b)of this section, IMLS policies and procedures are the same as those in the OMB guidance. Subpart A—Purpose and Coverage [Reserved] Subpart B—Requirements for Recipients Other Than Individuals § 3186.225 Whom in the IMLS 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 each IMLS office from which it currently has an award. Subpart C—Requirements for Recipients Who Are Individuals § 3186.300 Whom in the IMLS does a recipient who is an individual notify about a criminal drug conviction? A recipient who is an individual and is required under 2 CFR 182.300(b) to notify Federal agencies about a conviction for a criminal drug offense must notify each IMLS office from which it currently has an award. Subpart D—Responsibilities of Agency Awarding Officials § 3186.400 What method do I use as an agency awarding official to obtain a recipient's agreement to comply with the OMB guidance? To obtain a recipient's agreement to comply with applicable requirements in the OMB guidance at 2 CFR part 182, 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 (or Subpart C, if the recipient is an individual) of 2 CFR part 3186, which adopts the Governmentwide 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 § 3186.500 Who in the IMLS determines that a recipient other than an individual violated the requirements of this part? The IMLS Chief Financial Officer is the official authorized to make the determination under 2 CFR 182.500. § 3186.505 Who in the IMLS determines that a recipient who is an individual violated the requirements of this part? The IMLS Chief Financial Officer is the official authorized to make the determination under 2 CFR 182.505. Title 45—Public Welfare Chapter XI—National Foundation on the Arts and the Humanities 2. Remove Part 1186. Calvin D. Trowbridge III, Deputy General Counsel. [FR Doc. 2010-15395 Filed 7-7-10; 8:45 am]

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