Unknown. Final rule

4,428 words·~20 min read·/register/2010/07/09/2010-16745·

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-2010-07-09.xml --- 75 131 Friday, July 9, 2010 Contents Agriculture Agriculture Department See Commodity Credit Corporation Air Force Air Force Department NOTICES Privacy Act; Systems of Records, 39500-39502 2010-16793 Army Army Department NOTICES Privacy Act; Systems of Records, 39502-39503 2010-16794 Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Centers Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 39533-39535 2010-16739 Disease, Disability, and Injury Prevention and Control Special Emphasis Panel (SEP): Preparedness and Emergency Response Learning Centers (PERLC) Panel; Request for Applications; etc., 39544 2010-16741 Coast Guard Coast Guard RULES Special Local Regulation: Harrison Township Grand Prix, Lake St. Clair, Harrison Township, MI, 39445-39448 2010-16717 Special Local Regulations: Detroit APBA Gold Cup, Detroit River, Detroit, MI, 39448-39450 2010-16716 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 39551-39554 2010-16719 2010-16720 Environmental Impact Statements; Availability, etc.: Fort Hamer Bridge, Manatee County, FL, 39555-39556 2010-16721 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List Additions, 39497 2010-16791 Procurement List Proposed Additions and Deletions, 39497-39499 2010-16790 Commodity Commodity Credit Corporation NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 39493 2010-16772 Defense Defense Department See Air Force Department See Army Department See Navy Department Education Education Department NOTICES Applications for New Awards for Fiscal Year

(FY)2010: Asian American and Native American Pacific Islander-Serving Institutions (AANAPISI), 39513-39518 2010-16819 Off-Campus Community Service Program, 39510-39513 2010-16816 Safe and Supportive Schools, 39504-39510 2010-16811 Energy Energy Department RULES Implementation of OMB Guidance on Drug Free Workplace Requirements, 39443-39445 2010-16745 NOTICES Meetings: National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling; Correction, 39518-39519 2010-16848 EPA Environmental Protection Agency RULES Exemption from the Requirement of a Tolerance: Homobrassinolide, 39455-39459 2010-16771 Synthetically Manufactured Terpene Constituents of Extract of Chenopodium Ambrosioides Near Ambrosioides, 39450-39455 2010-16765 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: NSPS for Magnetic Tape Coating Facilities (Renewal), 39519-39520 2010-16777 Certain New Chemicals; Receipt and Status Information, 39520-39523 2010-16494 Designation of an Ocean Dredged Material Disposal Site (ODMDS): off the Mouth of the St. Johns River, FL, 39523 2010-16773 Request for Public Comment, Opportunity for Public Hearing: Lead-Based Paint Renovation, Repair and Painting, and Pre-Renovation Education Activities in Target Housing, etc.; State of Oregon, 39524-39527 2010-16775 Weekly receipt of Environmental Impact Statements, 39527-39528 2010-16774 Executive Office of the President See Trade Representative, Office of United States Farm Farm Credit Administration NOTICES Meetings; Sunshine Act, 39528 2010-16924 FAA Federal Aviation Administration PROPOSED RULES Airworthiness Directives: Eclipse Aerospace, Inc. Model EA500 Airplanes, 39472-39475 2010-16740 NOTICES Approval of Noise Compatibility Program for Modesto City-County Airport; Modesto; CA, 39614-39615 2010-16751 Federal Emergency Federal Emergency Management Agency NOTICES Emergency and Related Determinations: Texas, 39554 2010-16705 Major Disaster and Related Determinations: Puerto Rico, 39559-39560 2010-16708 West Virginia, 39560 2010-16710 Major Disaster Declarations: South Dakota, 39560-39561 2010-16707 Meetings: National Fire Academy Board of Visitors, 39561 2010-16704 Federal Housing Federal Housing Enterprise Oversight Office PROPOSED RULES Conservatorship and Receivership, 39462-39472 2010-16723 Federal Housing Federal Housing Finance Agency PROPOSED RULES Conservatorship and Receivership, 39462-39472 2010-16723 FMC Federal Maritime Commission NOTICES Ocean Transportation Intermediary License Applicants, 39529-39530 2010-16734 Federal Motor Federal Motor Carrier Safety Administration NOTICES Qualification of Drivers: Exemption Renewals; Vision, 39618 2010-16831 Federal Railroad Federal Railroad Administration NOTICES Petitions for Waivers of Compliance, 39615-39618 2010-16715 2010-16722 2010-16725 2010-16727 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 39528-39529 2010-16766 Proposals to Engage in Permissible Nonbanking Activities or to Acquire Companies that are Engaged in Permissible Nonbanking Activities, 39529 2010-16767 Federal Transit Federal Transit Administration PROPOSED RULES Major Capital Investment Projects, 39492 2010-16732 Fish Fish and Wildlife Service NOTICES Environmental Impact Statements; Availability, etc.: Issuance of Annual Regulations Permitting the Hunting of Migratory Birds, 39577-39579 2010-16711 Food Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Adverse Event Pilot Program for Medical Products, 39535-39537 2010-16807 Applications for Food and Drug Administration Approval to Market a New Drug: Patent Submission and Listing Requirements, etc., 39531-39533 2010-16738 Dairy Practitioner's Role in Residue Avoidance Survey, 39541-39543 2010-16806 Focus Groups About Drug Products, as Used by the Food and Drug Administration, 39541 2010-16769 Human Cells, Tissues, and Cellular and Tissue-Based Products, 39537-39541 2010-16804 Requirements Under the Comprehensive Smokeless Tobacco Health Education Act

(1986)as Amended by the Family Smoking Prevention and Tobacco Control Act, 39543-39544 2010-16805 Health Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration NOTICES Findings of Research Misconduct, 39530-39531 2010-16824 Meetings: National Committee on Vital and Health Statistics, 39531 2010-16729 Health Health Resources and Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 39535 2010-16821 Meetings: Advisory Committee on Organ Transplantation, 39547-39548 2010-16822 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S. Citizenship and Immigration Services See U.S. Customs and Border Protection Housing Housing and Urban Development Department See Federal Housing Enterprise Oversight Office NOTICES Administrative Guidelines: Subsidy Layering Reviews for Proposed Section 8 Project-Based Voucher Housing Assistance Payments Contracts, 39561-39573 2010-16827 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Economic Opportunities for Low- and Very Low-Income Persons; Withdrawal, 39573 2010-16701 Federal Property Suitable as Facilities to Assist the Homeless, 39573-39575 2010-16507 Privacy Act; Systems of Records, 39575-39576 2010-16699 Information Information Security Oversight Office NOTICES Meetings: National Industrial Security Program Policy Advisory Committee (NISPPAC), 39582 2010-16882 Inter-American Inter-American Foundation NOTICES Meetings; Sunshine Act, 39576-39577 2010-16869 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service International International Trade Administration NOTICES Initiation of Five-Year (Sunset) Review, 39494-39495 2010-16080 Meetings: U.S. Travel and Tourism Advisory Board, 39496 2010-16853 Land Land Management Bureau NOTICES Filing of Plats of Survey: Eastern States, 39579 2010-16737 National Petroleum Reserve: Alaska Oil and Gas Lease Sale (2010), 39579 2010-16829 Proposed Reinstatement of Terminated Oil and Gas Lease, Wyoming, 39580 2010-16607 2010-16764 Realty Action: Direct Sale of Public Lands in Minidoka County, ID, 39580-39581 2010-16712 Mississippi Mississippi River Commission NOTICES Meetings; Sunshine Act, 39582 2010-16870 National Archives National Archives and Records Administration See Information Security Oversight Office National Foundation National Foundation on the Arts and the Humanities NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: General Clearance for Guidelines, Applications, and Reporting Forms, 39582-39583 2010-16753 NIH National Institutes of Health NOTICES Government-Owned Inventions; Availability for Licensing, 39544-39546 2010-16800 2010-16801 Meetings: Center For Scientific Review, 39548-39549 2010-16808 National Cancer Institute, 39546-39547 2010-16803 National Institute of Biomedical Imaging and Bioengineering, 39547 2010-16809 National Institute of Dental and Craniofacial Research, 39547 2010-16813 National Institute of Diabetes and Digestive and Kidney Diseases, 39548 2010-16812 National Institute of Neurological Disorders and Stroke, 39548 2010-16815 National Institute on Aging, 39549 2010-16802 NOAA National Oceanic and Atmospheric Administration NOTICES Meetings: Gulf of Mexico Fishery Management Council, 39495-39496 2010-16796 2010-16798 New England Fishery Management Council, 39496-39497 2010-16797 National Park National Park Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 39577 2010-16832 Revised Record of Decision: Yosemite Valley Plan, 39581-39582 2010-16834 National Science National Science Foundation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 39583-39585 2010-16752 2010-16760 Navy Navy Department NOTICES Privacy Act; Systems of Records, 39499-39500 2010-16792 Nuclear Nuclear Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 39585-39587 2010-16757 2010-16758 Meetings: Advisory Committee on Reactor Safeguards (ACRS); ACRS Subcommittee on AP1000, 39587 2010-16759 Office of Federal Housing Enterprise Oversight See Federal Housing Enterprise Oversight Office Office of United States Trade Representative See Trade Representative, Office of United States Patent Patent and Trademark Office NOTICES Draft Strategic Plan for FY 2010-2015, 39493-39494 2010-16597 Personnel Personnel Management Office PROPOSED RULES Prevailing Rate Systems: Redefinition of the Chicago, IL, et al., Appropriated Fund Federal Wage System Wage Areas, 39460-39462 2010-16780 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 39587-39588 2010-16778 2010-16779 Postal Postal Service PROPOSED RULES International Mail: Proposed Changes in Prices and Fees, 39475-39477 2010-16799 New Standards for Domestic Mailing Services, 39477-39492 2010-16810 SEC Securities and Exchange Commission PROPOSED RULES Elimination of Flash Order Exception from Rule 602 of Regulation NMS, 39626-39628 2010-16698 NOTICES Applications: Nationwide Life Insurance Company, et al., 39589-39593 2010-16754 Meetings; Sunshine Act, 39593 2010-16888 Self-Regulatory Organizations; Proposed Rule Changes: Chicago Board Options Exchange, Inc., 39602-39603, 39608-39610 2010-16688 2010-16686 EDGA Exchange, Inc., 39600-39602 2010-16746 EDGX Exchange, Inc., 39599-39600 2010-16747 Financial Industry Regulatory Authority, Inc., 39603-39608, 39610-39611 2010-16685 2010-16687 International Securities Exchange, LLC, 39595-39599 2010-16748 2010-16749 NASDAQ OMX PHLX, Inc., 39593-39595 2010-16682 NYSE Arca, Inc., 39595 C1--2010--16106 SBA Small Business Administration NOTICES Disaster Declaration: Kansas, 39588 2010-16762 Exemption Under Section 312 of the Small Business Investment Act, Conflicts of Interest: Emergence Capital Partners SBIC, L.P., 39588-39589 2010-16763 Social Social Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 39611-39612 2010-16735 State State Department NOTICES IJC Review of Bi-national Management of the Lake of the Woods and Rainy River Basin, 39612 2010-16825 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 39533 2010-16743 Surface Surface Transportation Board NOTICES Acquisition Exemption: Oregon International Port of Coos Bay; Union Pacific Railroad Co., Coos County, OR, 39614 2010-16593 Trade Trade Representative, Office of United States NOTICES Allocation of Second Additional Fiscal Year

(FY)2010 In-Quota Volume for Raw Cane Sugar, 39612-39613 2010-16823 Request for Proposals to Accelerate Tariff Elimination and Modify the Rules of Origin Under the U.S-Chile Free Trade Agreement, 39613-39614 2010-16756 Transportation Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See Federal Transit Administration See Surface Transportation Board U.S. U.S. Citizenship and Immigration Services NOTICES Extension of the Designation of El Salvador for Temporary Protected Status and Automatic Extension of Employment Authorization Documentation for Salvadoran TPS Beneficiaries, 39556-39559 2010-16431 Customs U.S. Customs and Border Protection NOTICES Accreditation and Approval of Inspectorate America Corporation, as a Commercial Gauger and Laboratory, 39550 2010-16726 Accreditation and Approval of Intertek USA, Inc., as a Commercial Gauger and Laboratory, 39549-39551 2010-16714 2010-16728 2010-16730 2010-16731 Approval of Intertek USA, Inc., as a Commercial Gauger, 39554 2010-16733 Veterans Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 39618-39619 2010-16788 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Availability of Educational, Licensing, and Certifications Records, 39621 2010-16782 Dependents' Educational Assistance

(DEA)Election Request, 39620 2010-16786 Dependent's Request for Change of Program or Place of Training, 39619 2010-16787 Health Resource Center Medical Center Payment Form, 39622-39623 2010-16783 Income-Net Worth and Employment Statement, 39621-39622 2010-16784 Quarterly Report of State Approving Agency, 39619-39620 2010-16789 Request for Nursing Home Information in Connection with Claim for Aid and Attendance, 39622 2010-16785 Meetings: Advisory Committee on Women Veterans, 39623 2010-16703 Separate Parts In This Issue Part II Securities and Exchange Commission, 39626-39628 2010-16698 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. 75 131 Friday, July 9, 2010 Rules and Regulations DEPARTMENT OF ENERGY 2 CFR Part 902 10 CFR Part 607 RIN 1991-AB93 Implementation of OMB Guidance on Drug-Free Workplace Requirements AGENCY: Department of Energy. ACTION: Final rule. SUMMARY: The Department of Energy

(DOE)is removing its regulation implementing the Governmentwide common rule on drug-free workplace requirements for financial assistance, currently located within Part 607 of Title 10 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 make no substantive change in DOE 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 DOE policies and procedures for drug-free workplace. All comments on unintended changes will be considered and, if warranted, DOE will revise the rule. ADDRESSES: Written comments should be sent to the following: Denise Clarke, Procurement Analyst, MA-612/L'Enfant Plaza Building, U.S. Department of Energy, 1000 Independence Avenue, SW., Washington, DC 20585-1615, *deniset.clarke@hq.doe.gov.* *E-Mail:* Please include “Implementation of OMB Guidance on Drug-Free Workplace Requirements” in the subject line of your e-mail message. Please include your name, title, organization, postal address, telephone number, and e-mail address in the text of the message. *Mail:* Due to potential delays in DOE's receipt and processing of mail sent through the U.S. Postal Service, we encourage respondents to submit comments electronically to ensure timely receipt. FOR FURTHER INFORMATION CONTACT: Denise Clarke at the above address, or by telephone at

(202)287-1748. 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, Section 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 [74 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 co-locates OMB's guidance and all of the agencies' implementing regulations in 2 CFR. The Current Regulatory Actions As the OMB guidance requires, DOE is taking two regulatory actions. First, we are removing the drug-free workplace common rule from 10 CFR part 607. Second, to replace the common rule, we are issuing a brief regulation in 2 CFR part 902 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 10 CFR part 607. 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 DOE 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. Approval of the Office of the Secretary of Energy The Office of the Secretary has approved the issuance of this rule. List of Subjects 2 CFR Part 902 Administrative practice and procedure, Drug abuse, Grant programs, Loan programs, Reporting and recordkeeping requirements. 10 CFR Part 607 Administrative practice and procedure, Drug abuse, Grant programs, Loan programs, Reporting and recordkeeping requirements. Issued in Washington, DC on July 2, 2010. Patrick M. Ferraro, Acting Director, Office of Procurement and Assistance Management, Office of Management, Department of Energy. Joseph F. Waddell, Director, Office of Acquisition and Supply Management, National Nuclear Security Administration. Accordingly, for the reasons set forth in the preamble, DOE amends the Code of Federal Regulations, Title 2, Subtitle B, chapter IX, and Title 10, chapter II, part 607, as follows: Title 2—Grants and Agreements 1. Add part 902 in Subtitle B, Chapter IX, to read as follows: PART 902—REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) Sec. 902.10 What does this part do? 902.20 Does this part apply to me? 902.30 What policies and procedures must I follow? Subpart A—Purpose and Coverage [Reserved.] Subpart B—Requirements for Recipients Other Than Individuals 902.225 Whom in the DOE does a recipient other than an individual notify about a criminal drug conviction? Subpart C—Requirements for Recipients Who Are Individuals 902.300 Whom in the DOE does a recipient who is an individual notify about a criminal drug conviction? Subpart D—Responsibilities of Agency Awarding Officials 902.400 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 902.500 Who in the DOE determines that a recipient other than an individual violated the requirements of this part? 902.505 Who in the DOE determines that a recipient who is an individual violated the requirements of this part? Subpart F—Definitions 902.605 Award (DOE supplement to Governmentwide definition at 2 CFR 182.605). 902.645 Federal agency or agency. Authority: 41 U.S.C. 701; 42 U.S.C. 7101 *et seq.;* 50 U.S.C. 2401 *et seq.* § 902.10 What does this part do? This part requires that the award and administration of DOE 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 DOE's grants and cooperative agreements; and

(b)Establishes DOE 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. § 902.20 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 a DOE grant or cooperative agreement; or

(b)DOE awarding official. § 902.30 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) § 902.225 Whom in the DOE 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) § 902.300 Whom in the DOE 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 § 902.500 Who in the DOE 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 § 902.505 Who in the DOE 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.

(5)2 CFR 182.605 § 902.605 Definition of “Award”.

(6)2 CFR 182.645 § 902.645 Definition of “Federal agency or agency”.

(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, DOE 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 § 902.225 Whom in the DOE 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 DOE office from which it currently has an award. Subpart C—Requirements for Recipients Who Are Individuals § 902.300 Whom in the DOE 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 DOE office from which it currently has an award. Subpart D—Responsibilities of Agency Awarding Officials § 902.400 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 Part 902, 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 § 902.500 Who in the DOE determines that a recipient other than an individual violated the requirements of this part? The Secretary of the Department of Energy and the Secretary's designee or designees are authorized to make the determinations under 2 CFR 182.500 for DOE, including NNSA. § 902.505 Who in the DOE determines that a recipient who is an individual violated the requirements of this part? The Secretary of the Department of Energy and the Secretary's designee or designees are authorized to make the determinations under 2 CFR 182.500 for DOE, including NNSA. Subpart F—Definitions § 902.605 Award (DOE supplement to Governmentwide definition at 2 CFR 182.605). The term *award* also includes Technology Investment Agreements (TIA). A TIA is a special type of assistance instrument used to increase the involvement of commercial firms in the Department's RD&D programs. A TIA may be either a type of cooperative agreement or a type of assistance transaction other than a cooperative agreement, depending on the intellectual property provisions. A TIA may be either expenditure based or fixed support. § 902.645 Federal agency or agency. *Department of Energy* means the U.S. Department of Energy (DOE), including the National Nuclear Security Administration (NNSA). Title 10—Energy CHAPTER II—DEPARTMENT OF ENERGY PART 607—[REMOVED] 2. Under the authority of 5 U.S.C. 301, remove part 607. [FR Doc. 2010-16745 Filed 7-8-10; 8:45 am]

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