Unknown. Final rule

4,767 words·~22 min read·/register/2010/08/30/2010-21600·

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-2010-08-30.xml --- 75 167 Monday, August 30, 2010 Contents Administration on Aging See Aging Administration Agency Agency for Healthcare Research and Quality NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 52951-52952 2010-21498 Solicitation for Nominations for Members of U.S. Preventive Services Task Force (USPSTF), 52958-52960 2010-21500 Aging Aging Administration NOTICES Funding Opportunities:

Grants for Native Americans, Native Hawaiian Programs, and Native American Caregiver Support Program, 52956-52957 2010-21565 Agricultural Agricultural Research Service NOTICES Intent to Grant Exclusive License, 52924-52925 2010-21491 Agriculture Agriculture Department See Agricultural Research Service See Forest Service See Grain Inspection, Packers and Stockyards Administration Alcohol Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Application for Amended Federal Firearms License, 52977-52978 2010-21525 Application for Federal Firearms License, 52978 2010-21535 Application for Tax Paid Transfer and Registration of Firearm, 52976-52977 2010-21543 Application to Register as Importer of U.S. Munitions Import List Articles, 52977 2010-21545 Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Centers Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 52952-52954 2010-21497 2010-21496 Centers Centers for Medicare & Medicaid Services NOTICES Solicitations of Additional Participants: Medicare Program; Rural Community Hospital Demonstration Program, 52960-52961 2010-21512 Central Security Service/National Security Agency See National Security Agency/Central Security Service Civil Civil Rights Commission NOTICES Meetings; Sunshine Act; Cancellation, 52927 2010-21681 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration Defense Defense Acquisition Regulations System PROPOSED RULES Defense Federal Acquisition Regulation Supplements (DFARS):

Warranty Tracking of Serialized Items, 52917-52921 2010-21358 Defense Defense Department See Defense Acquisition Regulations System See National Security Agency/Central Security Service See Navy Department RULES Federal Acquisition Regulations: American Recovery and Reinvestment Act of 2009; Buy American Requirements for Construction Material, 53153-53169 2010-21027 Definition of Cost or Pricing Data, 53135-53153 2010-21026 Federal Acquisition Circular 2005-45; Introduction, 53128-53129 2010-21024 Federal Acquisition Circular 2005-45;

Small Entity Compliance Guide, 53169-53170 2010-21044 Inflation Adjustment of Acquisition-Related Thresholds, 53129-53135 2010-21025 NOTICES Science and Technology Reinvention Laboratory Personnel Management Demonstration Projects, 53076-53126 2010-21355 Delaware Delaware River Basin Commission NOTICES Meetings, 52932-52934 2010-21505 Education Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 52934-52935 2010-21494 Election Election Assistance Commission NOTICES Meetings;

Sunshine Act, 52935 2010-21713 Employee Employee Benefits Security Administration PROPOSED RULES Prohibited Transaction Exemption Procedures; Employee Benefit Plans, 53172-53192 2010-21073 Employment Employment and Training Administration NOTICES Affirmative Determinations Regarding Applications for Reconsideration: Wacker Neuson Corp., Menonomee Falls, WI, 52980-52981 2010-21398 Amended Certifications Regarding Eligibility to Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance:

Chrysler, LLC, et al., Detroit, MI, 52981 2010-21396 Chrysler, LLC, et al., Twinsburg, OH, 52981 2010-21395 Amended Certifications Regarding Eligibility to Apply for Worker Adjustment Assistance: Bluescope Buildings North America, et al., Laurinburg, NC, 52981-52982 2010-21399 Chrysler Group LLC, et al., Kenosha, WI, 52982 2010-21397 Determinations Regarding Eligibility to Apply for Worker Adjustment Assistance, 52982-52987 2010-21394 Investigations Regarding Certifications of Eligibility to Apply for Worker Adjustment Assistance, 52987-52988 2010-21393 Negative Determinations Regarding Applications for Reconsideration:

Speciality Minerals, Inc., Franklin, VA, 52989-52990 2010-21392 Energy Energy Department See Federal Energy Regulatory Commission PROPOSED RULES Energy Conservation Program for Consumer Products: Test Procedures for Residential Water Heaters, Direct Heating Equipment, and Pool Heaters, 52892-52907 2010-21363 EPA Environmental Protection Agency PROPOSED RULES Federal Implementation Plans: Action to Ensure Authority to Issue Permits under the Prevention of Significant Deterioration Program to Sources of Greenhouse Gas Emissions, 52916-52917 2010-21691 NOTICES Data Availability: 2010 CAIR NOX Annual Trading Program New Unit Set-aside Allowance Allocations, etc., 52940 2010-21547 Meetings:

Chartered Science Advisory Board, 52940-52941 2010-21546 National Advisory Council for Environmental Policy and Technology, 52941 2010-21549 Proposed CERCLA Administrative Agreements for De Minimis Settlements: Mercury Refining Superfund Site, Towns of Guilderland and Colonie, Albany County, NY, 52942 2010-21548 Executive Office of the President See Trade Representative, Office of United States FAA Federal Aviation Administration RULES Final Airworthiness Design Standards for Acceptance under Primary Category Rule:

Orlando Helicopter Airways (OHA), Inc., Models Cessna 172I, 172K, 172L, and 172M, 52860 2010-21444 Re-Registration and Renewal of Aircraft Registration, 52859 2010-21561 PROPOSED RULES Airworthiness Directives: Bell Helicopter Textron Canada Limited Model 427 Helicopters, 52912-52914 2010-21582 Bell Helicopter Textron Canada Limited Models 206A, 206B, 206L, 206L-1, 206L-3, and 206L-4 Helicopters, 52914-52916 2010-21589 Boeing Co. Model 747-100, 747-100B, 747-100B SUD, 747-200B, 747-200C, 747-200F, et al.

Series Airplanes, 52907-52912 2010-21523 FCC Federal Communications Commission RULES Radio Broadcasting Services: Blythe, CA, 52872-52873 2010-21560 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 52942-52944 2010-21386 2010-21387 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 52944 2010-21408 Federal Emergency Federal Emergency Management Agency RULES Final Flood Elevation Determinations, 52868-52872 2010-21595 Suspension of Community Eligibility, 52861-52868 2010-21594 2010-21597 NOTICES Emergency Declarations:

Texas (Amendment No. 1), 52962 2010-21601 Major Disaster Declarations: Iowa (Amendment No. 4), 52962 2010-21603 Texas (Amendment No. 2), 52962-52963 2010-21599 Texas (Amendment No. 3), 52963 2010-21598 Major Disasters and Related Determinations: Illinois, 52963 2010-21605 Missouri, 52964 2010-21604 Federal Energy Federal Energy Regulatory Commission NOTICES Applications: Colorado Interstate Gas Co., 52935-52936 2010-21467 Energy Exchange, Inc., 2010-21464 52935-52937 2010-21471 Turtle Bayou Gas Storage Co., LLC, 52937-52938 2010-21465 Filings:

E. I. du Pont de Nemours and Co., 52938 2010-21469 Preliminary Permit Application: Energy Exchange, Inc., 52938 2010-21470 Requests Under Blanket Authorizations: ANR Pipeline Co., 52938-52939 2010-21466 Technical Conferences: California Independent System; et al., 52939-52940 2010-21468 Federal Housing Federal Housing Finance Agency NOTICES Privacy Act; Systems of Records, 52944-52946 2010-21520 Federal Motor Federal Motor Carrier Safety Administration NOTICES Public Listening Session, 53015-53017 2010-21509 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 52946-52947 2010-21519 Fish Fish and Wildlife Service RULES Migratory Bird Hunting:

Final Frameworks for Early Season Migratory Bird Hunting Regulations, 52873-52890 2010-21375 NOTICES Endangered and Threatened Species Permit Applications, 52965-52966 2010-21502 Receipt of Applications for Permit, 52971-52972 2010-21475 Food Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 52954-52956 2010-21388 Request for Applications: Supplemental Funding Under the Emergency Response Laboratory Network Microbiological Cooperative Agreement Program, 52957-52958 2010-21480 Foreign Foreign-Trade Zones Board NOTICES Applications for Subzone Authority:

Foreign Trade Zone 29; Dow Corning Corp.; Extension of Rebuttal Period, 52927-52928 2010-21571 Reorganizations of Foreign-Trade Zone 126 under Alternative Site Framework: Reno, NV, 52931-52932 2010-21573 Site Renumberings: Foreign-Trade Zone 43; Battle Creek, MI, 52932 2010-21572 Forest Forest Service NOTICES Meetings: Alpine Resource Advisory Committee, 52925 2010-21414 GSA General Services Administration RULES Federal Acquisition Regulations: American Recovery and Reinvestment Act of 2009;

Buy American Requirements for Construction Material, 53153-53169 2010-21027 Definition of Cost or Pricing Data, 53135-53153 2010-21026 Federal Acquisition Circular 2005-45; Introduction, 53128-53129 2010-21024 Federal Acquisition Circular 2005-45; Small Entity Compliance Guide, 53169-53170 2010-21044 Inflation Adjustment of Acquisition-Related Thresholds, 53129-53135 2010-21025 NOTICES Maximum Per Diem Rates for the Continental United States (CONUS), 52947 2010-21489 GIPSA Grain Inspection, Packers and Stockyards Administration NOTICES Designations:

Amarillo, TX; Cairo, IL; State of Louisiana; State of North Carolina; Belmond, IA; State of New Jersey; and State of New York Areas, 52924 2010-21456 Opportunities for Designation; Requests for Comments, etc.: Owensboro, KY; Bloomington, IL; Iowa Falls, IA; Casa Grande, AZ; Fargo, ND; Grand Forks, ND; and Plainview, TX Areas, 52925-52927 2010-21460 Health Health and Human Services Department See Agency for Healthcare Research and Quality See Aging Administration See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration See National Institutes of Health NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 52947-52949 2010-21400 2010-21403 2010-21433 Meetings: National Biodefense Science Board, 52950-52951 2010-21504 National Committee on Vital and Health Statistics, 52950 2010-21516 Secretary's Advisory Committee on Genetics, Health, and Society, 52949-52950 2010-21532 2010-21533 Homeland Homeland Security Department See Federal Emergency Management Agency See Transportation Security Administration Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Non-use Valuation Survey, Klamath Basin; Revision, 52964-52965 2010-21521 IRS Internal Revenue Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2010-21476 53018-53021 2010-21479 2010-21481 2010-21483 2010-21484 2010-21485 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Regulation Project, 2010-21478 53021-53023 2010-21461 2010-21477 International International Trade Administration NOTICES Consolidated Decisions on Applications for Duty-Free Entry of Electron Microscopes:

Emory University, et al., 52928 2010-21557 Meetings: President's Export Council, 52929-52930 2010-21641 Preliminary Results of Antidumping Duty Changed-Circumstances Reviews: Carbazole Violet Pigment 23 from India, 52930-52931 2010-21577 International International Trade Commission NOTICES Complaints; Receipts, Requests for Comments, 52975-52976 2010-21527 Users Manual for Commission Mediation Program for Investigations, etc., 52976 2010-21530 Justice Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau Labor Labor Department See Employee Benefits Security Administration See Employment and Training Administration See Occupational Safety and Health Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 52978-52980 2010-21472 2010-21514 2010-21529 Land Land Management Bureau NOTICES Environmental Impact Statements; Availability, etc.: Genesis Solar, LLC Genesis Solar Energy Project and Proposed California Desert Conservation Area Plan Amendment, 52966-52967 2010-21570 Temporary Closures and Restrictions on Specific Uses of Public Lands in Pershing County, Nevada, 52972-52975 2010-21553 Millenium Millennium Challenge Corporation NOTICES Meetings;

Sunshine Act, 52990 2010-21748 Report on Countries that are Candidates for Millennium Challenge Account Eligibility in Fiscal Year 2011, etc., 52990-52992 2010-21518 NASA National Aeronautics and Space Administration RULES Federal Acquisition Regulations: American Recovery and Reinvestment Act of 2009; Buy American Requirements for Construction Material, 53153-53169 2010-21027 Definition of Cost or Pricing Data, 53135-53153 2010-21026 Federal Acquisition Circular 2005-45; Introduction, 53128-53129 2010-21024 Federal Acquisition Circular 2005-45;

Small Entity Compliance Guide, 53169-53170 2010-21044 Inflation Adjustment of Acquisition-Related Thresholds, 53129-53135 2010-21025 National Archives National Archives and Records Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 52992-52993 2010-21671 Records Schedules; Availability, 52993-52995 2010-21672 National Foundation National Foundation on the Arts and the Humanities RULES Implementation of OMB Guidance on Drug Free Workplace Requirements, 52857-52859 2010-21600 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: State Library Administrative Agencies Survey, FY 2011-2013, 52995-52996 2010-21487 NIH National Institutes of Health NOTICES Meetings: National Heart, Lung, and Blood Institute, 52957 2010-21526 NOAA National Oceanic and Atmospheric Administration RULES Fisheries of Exclusive Economic Zone Off Alaska: Pollock in Statistical Area 630 in Gulf of Alaska, 52891 2010-21528 Fisheries of Northeastern United States: Summer Flounder Fishery; Commercial Quota Harvested for Commonwealth of Massachusetts, 52890-52891 2010-21531 Fisheries of the Exclusive Economic Zone Off Alaska:

Chinook Salmon Bycatch Management in Bering Sea Pollock Fishery, 53026-53074 2010-20618 PROPOSED RULES Fisheries in the Western Pacific: Hawaii Bottomfish and Seamount Groundfish; Management Measures for Hancock Seamounts to Rebuild Overfished Armorhead, 52921-52923 2010-21537 NOTICES Endangered and Threatened Wildlife and Plants: 90-Day Finding for Petition to List Georgia Basin Populations of China Rockfish and Tiger Rockfish as Endangered or Threatened, 52928-52929 2010-21536 National Park National Park Service NOTICES Environmental Impact Statements;

Availability, etc.: Prisoners Harbor Wetland Restoration, Santa Cruz Island, CA, 52969 2010-21566 South Florida and Caribbean Parks Exotic Plant Management Plan, 52967-52969 2010-21550 Meetings: National Park System Advisory Board, 52969 2010-21552 Public Scoping: Rim of Valley Corridor Special Resource Study, Los Angeles and Ventura Counties, CA, 52969-52971 2010-21551 National Science National Science Foundation NOTICES Meetings: Advisory Committee for International Science and Engineering, 52996 2010-21437 National Security National Security Agency/Central Security Service NOTICES Intents to Grant Exclusive License:

Doar, Pekuin, Sall Limited Liability Co., 52932 2010-21540 Navy Navy Department RULES Professional Conduct of Attorneys Practicing Under the Cognizance and Supervision of the Judge Advocate General, 52860-52861 2010-21499 Nuclear Nuclear Regulatory Commission NOTICES Atomic Safety and Licensing Board Reconstitutions: Areva Enrichment Services, LLC (Eagle Rock Enrichment Facility), 52996 2010-21515 Draft Regulatory Guides; Issuance, Availability: Administrative Practices in Radiation Surveys and Monitoring, 52996-52997 2010-21522 Exemptions:

Nebraska Public Power District; Cooper Nuclear Station, 52997-52998 2010-21637 Meetings: ACRS Subcommittee on Economic Simplified Boiling Water Reactor, 52999 2010-21513 Regulatory Guides; Issuance and Availability: Planned Special Exposure (Revision 1), 52999-53000 2010-21517 Occupational Occupational Safety and Health Administration NOTICES Meetings: National Advisory Committee on Occupational Safety and Health, 52988-52989 2010-21680 Office of United States Trade Representative See Trade Representative, Office of United States Peace Peace Corps NOTICES Privacy Act;

Systems of Records:, 53000 2010-21493 Pension Pension Benefit Guaranty Corporation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Termination of Single-Employer Plans, Missing Participants, 53000-53001 2010-21463 Personnel Personnel Management Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Applications for 10-Point Veteran Preference, 53001-53002 2010-21541 Postal Postal Regulatory Commission NOTICES New Postal Products, 53002-53003 2010-21423 Product List Transfer, 53003-53004 2010-21438 Railroad Railroad Retirement Board NOTICES Privacy Act;

Systems of Records, 53004-53006 2010-21506 2010-21507 SEC Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes: NASDAQ OMX PHLX, Inc., 53008-53012 2010-21473 2010-21474 Selective Selective Service System NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 53012 2010-21416 SBA Small Business Administration NOTICES Disaster Declarations: Iowa (Amendment 2), 53006-53007 2010-21539 Gulf Opportunity Pilot Loan Program (GO Loan Pilot), 53007 2010-21436 Meetings:

Advisory Committee on Veterans Business Affairs, 53007-53008 2010-21534 State State Department NOTICES Culturally Significant Objects Imported for Exhibition Determinations: Chaos and Classicism; 1918-1936 Art in France, Italy, and Germany, 53013 2010-21587 Ivory Mirror Case, 53012 2010-21590 Pre-Raphaelite Lens; 1848-1875 British Photography and Painting, 53013 2010-21581 Treasures of Heaven; Saints, Relics, and Devotion in Medieval Europe, 53013 2010-21584 Treasures of Moscow;

Icons from Andrey Rublev Museum, 53012-53013 2010-21567 Thrift Thrift Supervision Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Sound Incentive Compensation Guidance, 53023-53024 2010-21490 Trade Trade Representative, Office of United States NOTICES Fiscal Year 2011 Tariff-rate Quota Allocations: Raw Cane Sugar, Refined and Specialty Sugar, and Sugar-containing Products; Revision, 53013-53014 2010-21524 Modification of Action:

Canada; Compliance with Softwood Lumber Agreement, 53014-53015 2010-21486 Transportation Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Transportation Security Administration NOTICES Applications: Certificates of Public Convenience and Necessity and Foreign Air Carrier Permits Filed Under Subpart B, 53015 2010-21508 Security Transportation Security Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Security Threat Assessment for Individuals Applying for a Hazardous Materials Endorsement for a Commercial Drivers License, 52961-52962 2010-21316 Treasury Treasury Department See Internal Revenue Service See Thrift Supervision Office See United States Mint NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 53017 2010-21356 Appointment of Members of Legal Division to Performance Review Board, Internal Revenue Service, 53017 2010-21325 2010-21327 U.S.

Mint United States Mint NOTICES Change to Procedures to Qualify for Bulk Purchase of Gold Bullion Coins, 53024 2010-21495 Separate Parts In This Issue Part II Commerce Department, National Oceanic and Atmospheric Administration, 53026-53074 2010-20618 Part III Defense Department, 53076-53126 2010-21355 Part IV Defense Department, 53128-53170 2010-21027 2010-21026 2010-21024 2010-21044 2010-21025 General Services Administration, 53128-53170 2010-21027 2010-21026 2010-21024 2010-21044 2010-21025 National Aeronautics and Space Administration, 53128-53170 2010-21027 2010-21026 2010-21024 2010-21044 2010-21025 Part V Labor Department, Employee Benefits Security Administration, 53172-53192 2010-21073 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. 75 167 Monday, August 30, 2010 Rules and Regulations NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES 2 CFR Part 3373 45 CFR Part 1173 RIN 3136-AA30 National Endowment for the Humanities Implementation of OMB Guidance on Drug-Free Workplace Requirements AGENCY:

National Endowment for the Humanities, National Foundation on the Arts and the Humanities. ACTION: Final rule. SUMMARY: The National Endowment for the Humanities

(NEH)is removing its regulation implementing the Governmentwide common rule on drug-free workplace requirements for financial assistance, currently located within Part 1173 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 NEH's policy or procedures for drug-free workplace. DATES: This final rule is effective on October 29, 2010 without further action. Submit comments by September 29, 2010 on any unintended changes this action makes in NEH policies and procedures for drug-free workplace. All comments on unintended changes will be considered and, if warranted, NEH will revise the rule. ADDRESSES: You may submit comments by either one of the following methods: e-mail: *sdaisey@neh.gov* , or by mail: Susan Daisey, Director, Office of Grant Management, National Endowment for the Humanities, 1100 Pennsylvania Ave., NW., Room 311, Washington, DC 20506. FOR FURTHER INFORMATION CONTACT: Susan G. Daisey at 202-606-8494 or e-mail her at *sdaisey@neh.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 [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 collocates OMB's guidance and all of the agencies' implementing regulations in 2 CFR. The Current Regulatory Actions As the OMB guidance requires, NEH is taking two regulatory actions. First, we are removing the drug-free workplace common rule from 45 CFR part 1173. Second, to replace the common rule, we are issuing a brief regulation in 2 CFR part 3373 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 1173. 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 NEH 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 October 29, 2010 without further action, unless we receive adverse comment by September 29, 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 3373 Administrative practice and procedure, Drug abuse, Grant programs, Reporting and recordkeeping requirements. 45 CFR Part 1173 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 NEH amends the Code of Federal Regulations, Title 2, Subtitle B, chapter XXIII, and Title 45 chapter 11, part 1173, as follows: Title 2—Grants and Agreements 1. Add part 3373 in Subtitle B, Chapter XXIII, to read as follows: PART 3373—REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) Sec. 3373.10 What does this part do? 3373.20 Does this part apply to me? 3373.30 What policies and procedures must I follow? Subpart A—Purpose and Coverage [Reserved] Subpart B—Requirements for Recipients Other Than Individuals 3373.225 Whom in the NEH does a recipient other than an individual notify about a criminal drug conviction? Subpart C—Requirements for Recipients Who Are Individuals 3373.300 Whom in the NEH does a recipient who is an individual notify about a criminal drug conviction? Subpart D—Responsibilities of Agency Awarding Officials 3373.400 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 3373.500 Who in the NEH determines that a recipient other than an individual violated the requirements of this part? 3373.505 Who in the NEH determines that a recipient who is an individual violated the requirements of this part? Subpart F—Definitions [Reserved] Authority: 41 U.S.C. 701-707. § 3373.10 What does this part do? This part requires that the award and administration of NEH 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 NEH's grants and cooperative agreements; and

(b)Establishes NEH 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. § 3373.20 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 NEH grant or cooperative agreement; or

(b)NEH awarding official. § 3373.30 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) § 3373.225 Whom in the NEH 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) § 3373.300 Whom in the NEH 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 § 3373.500 Who in the NEH 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 § 3373.505 Who in the NEH 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, NEH 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 § 3373.225 Whom in the NEH 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 Director, Office of Grant Management, NEH. Subpart C—Requirements for Recipients Who Are Individuals § 3373.300 Whom in the NEH 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 the Director, Office of Grant Management, NEH. Subpart D—Responsibilities of Agency Awarding Officials § 3373.400 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 3373, 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 § 3373.500 Who in the NEH determines that a recipient other than an individual violated the requirements of this part? The NEH General Counsel is the agency official authorized to make the determination under 2 CFR 182.500. § 3373.505 Who in the NEH determines that a recipient who is an individual violated the requirements of this part? The NEH General Counsel is the agency official authorized to make the determination under 2 CFR 182.505. Subpart F—Definitions [Reserved] Title 45—Public Welfare Chapter XI—National Foundation on the Arts and the Humanities 2. Remove Part 1173. Michael P. McDonald, General Counsel. [FR Doc. 2010-21600 Filed 8-27-10; 8:45 am]

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