Unknown. Final rule with request for comments

7,080 words·~32 min read·/register/2010/11/22/2010-29371·

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-2010-11-22.xml --- 75 224 Monday, November 22, 2010 Contents Advisory Council on Historic Preservation See Historic Preservation, Advisory Council Agency Agency for Toxic Substances and Disease Registry NOTICES Availability of Draft Toxicological Profiles, 71132 2010-29332 Agriculture Agriculture Department See Forest Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 71067-71068 2010-29132 2010-29284 Air Force Air Force Department NOTICES Privacy Act;

Systems of Records, 71090-71094 2010-29335 2010-29340 Army Army Department NOTICES Privacy Act; Systems of Records, 71081-71083 2010-29339 Centers Centers for Medicare & Medicaid Services PROPOSED RULES Medicare Program: Changes to the Medicare Advantage and the Medicare Prescription Drug Benefit Programs for Contract Year 2012, 71190-71292 2010-28774 Changes to the Medicare Advantage and the Medicare Prescription Drug Benefit Programs for Contract Year 2012; Correction, 71064 2010-28997 Children Children and Families Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Projects of National Significance; Family Support 360, 71131-71132 2010-29293 Coast Guard Coast Guard RULES Drawbridge Operation Regulations: Bayou Liberty, St. Tammany Parish, Slidell, LA, 71017-71018 2010-29299 PROPOSED RULES Drawbridge Operation Regulations: Bayou Liberty, Mile 2.0, St. Tammany Parish, Slidell, LA, 71061-71064 2010-29300 Commerce Commerce Department See Foreign-Trade Zones Board See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office Comptroller Comptroller of the Currency NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 71187 2010-29287 Defense Defense Department See Air Force Department See Army Department See Navy Department NOTICES Determination on Use of Cooperative Threat Reduction Funds in Pakistan and Afghanistan; etc.; Fiscal Year 2004, 71079-71080 2010-29341 Meetings: Department of Defense Wage Committee, 71080-71081 2010-29336 Privacy Act; Systems of Records, 71081 2010-29337 Delaware Delaware River Basin Commission NOTICES Meetings, 71094-71095 2010-29366 Education Education Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 71095-71097 2010-29346 2010-29406 Employee Employee Benefits Security Administration NOTICES Technical Correction and Clarification for Prohibited Transaction Exemption (PTE): PNC Financial Services Group, Inc., 71151-71152 2010-29342 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency RULES Air Quality Designations for the 2008 Lead

(Pb)National Ambient Air Quality Standards, 71033-71044 2010-29405 Approval and Promulgation of Implementation Plans: Georgia; Prevention of Significant Deterioration and Nonattainment New Source Review Rules, 71018-71023 2010-29246 Approval and Promulgation of State Implementation Plan Revisions: North Dakota; Interstate Transport of Pollution for the 1997 PM2.5 and 8-hour Ozone NAAQS, etc., 71023-71029 2010-29244 Approval and Promulgation of State Implementation Plans: Colorado; Interstate Transport of Pollution Revisions for the 1997 8-hour Ozone NAAQS, etc., 71029-71033 2010-29245 PROPOSED RULES Approval and Promulgation of Implementation Plans: California; 2007 South Coast State Implementation Plan for 1997 Fine Particulate Matter Standards, etc., 71294-71316 2010-29235 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Safer Detergent Stewardship Initiative Program, 71123-71125 2010-29393 Proposed Consent Decree, Clean Air Act Citizen Suit, 71125-71127 2010-29404 Waiver of Buy American Requirement of the American Recovery and Reinvestment Act of 2009: Utah Division of Water Quality, 71127-71129 2010-29403 Executive Office of the President See Presidential Documents FAA Federal Aviation Administration PROPOSED RULES Proposed Revisions of Class E Airspace: Barrow, AK, 71046-71047 2010-29294 NOTICES Meetings: Joint RTCA Special Committee 213; EUROCAE WG-79, Enhanced Flight Vision Systems/Synthetic Vision Systems, 71183 2010-29296 RTCA Program Management Committee, 71182 2010-29295 RTCA Special Committee 206; EUROCAE WG 76 Plenary, AIS and MET Data Link Services, 71183-71184 2010-29297 Petitions for Exemption; Summaries of Petitions Received, 71185-71186 2010-29377 FCC Federal Communications Commission RULES Radio Broadcasting Services: Onekama, MI, 71044-71045 2010-29381 PROPOSED RULES Allocation and Designation of Spectrum for Fixed-Satellite Services: 37.5-38.5 GHz, 40.5-41.5 GHz and 48.2-50.2 GHz Frequency Bands, 71064-71066 2010-29385 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 71129 2010-29380 FDIC Federal Deposit Insurance Corporation NOTICES Updated Listing of Financial Institutions in Liquidations, 71129-71130 2010-29382 Federal Emergency Federal Emergency Management Agency NOTICES Meetings: National Flood Insurance Program Reform Effort; Correction, 71136-71137 2010-29349 Federal Energy Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 71097-71101 2010-29304 Applications: Deer Creek Hydro, LLC, 71106 2010-29311 Hampshire Paper Co., 71103-71104 2010-29314 Jones Canyon Hydro, LLC, 71102-71103 2010-29310 Lock Hydro Friends Fund XXXV, FFP Missouri 7, LLC, Dashields Hydro, LLC, 71104-71105 2010-29316 Monroe Gas Storage Co., LLC, 71101 2010-29303 San Jose Water Co., 71106-71107 2010-29309 Transcontinental Gas Pipe Line Corp., 71105-71106 2010-29317 Upper Peninsula Power Company; UP Hydro, 71107-71108 2010-29307 White Mountain Hydroelectric Corp., 71102 2010-29308 Wisconsin Public Service Corp., 71108-71109 2010-29306 Combined Filings, 71109-71122 2010-29318 2010-29319 2010-29320 2010-29321 2010-29322 2010-29323 2010-29324 2010-29325 Environmental Site Reviews: Erie Boulevard Hydropower LP, 71122 2010-29315 Filings: City of Vernon, CA, 71122 2010-29313 Requests Under Blanket Authorization: Transcontinental Gas Pipe Line Company, LLC, 71122-71123 2010-29312 Staff Attendances: FERC/NARUC Collaborative on Smart Response, 71123 2010-29305 Federal Financial Federal Financial Institutions Examination Council RULES Description of Office, Procedures, and Public Information, 71012-71016 2010-29282 Federal Highway Federal Highway Administration NOTICES Environmental Impact Statements; Availability, etc.: Harrison and Stone Counties, Mississippi; Rescinding, 71180 2010-29141 San Diego County, CA, 71179-71180 2010-29338 Federal Railroad Federal Railroad Administration NOTICES Petitions for Waivers of Compliance: Union Pacific Railroad Co., 71186 2010-29291 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 71130 2010-29269 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 71130 2010-29268 2010-29345 Proposals to Engage in Permissible Nonbanking Activities or to Acquire Companies Engaged in Permissible Nonbanking Activities, 71130-71131 2010-29270 Federal Transit Federal Transit Administration NOTICES Limitation on Claims against Proposed Public Transportation Projects, 71181-71182 2010-29290 Food Food and Drug Administration RULES Intramammary Dosage Form New Animal Drugs: Cloxacillin Benzathine, 71016-71017 2010-29326 NOTICES Industry Guidance; Availability: The Safety of Imported Traditional Pottery Intended for Use With Food, etc., 71133 2010-29292 Withdrawal of Approval of New Drug Applications: Hoffmann-La Roche Inc., 71135 2010-29348 Foreign Foreign-Trade Zones Board NOTICES Adopted Adjustments to Alternative Site Framework, 71069-71070 2010-29396 Site Renumbering: Foreign-Trade Zone 29; Louisville, KY, 71079 2010-29383 Forest Forest Service NOTICES Meetings: Big Horn County Resource Advisory Committee, 71069 2010-29261 Eleven Point Resource Advisory Committee, 71068-71069 2010-29333 Geological Geological Survey NOTICES Meetings: National Geospatial Advisory Committee, 71141 2010-29279 Health Health and Human Services Department See Agency for Toxic Substances and Disease Registry See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See National Institutes of Health Historic Historic Preservation, Advisory Council NOTICES Meetings: Advisory Council on Historic Preservation, 71135-71136 2010-29355 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency Housing Housing and Urban Development Department NOTICES Funding Awards: HOPE VI Revitalization Grant Program for 2009 Fiscal Year, 71137 2010-29392 Indian Indian Affairs Bureau NOTICES Land Acquisitions: Navajo Nation, Arizona, 71138-71139 2010-29389 Puyallup Tribe of Washington, 71139-71141 2010-29391 Suquamish Indian Tribe, Washington, 71141 2010-29387 Industry Industry and Security Bureau NOTICES Meetings: Regulations and Procedures Technical Advisory Committee, 71075 2010-29374 Orders Temporarily Denying Export Privileges: Anvik Technologies Sdn. Bhd. a/k/a Anvik Technologies; Babak Jafarpour a/k/a Bob Jefferson, 71075-71078 2010-29327 Interior Interior Department See Geological Survey See Indian Affairs Bureau See Land Management Bureau See National Park Service See Reclamation Bureau RULES Implementation of OMB Guidance on Drug-Free Workplace Requirements, 71007-71012 2010-29371 NOTICES Vendor Outreach Workshop for Women Owned Small Businesses in the National Capitol Region, 71137-71138 2010-29369 IRS Internal Revenue Service NOTICES Meetings: Electronic Tax Administration Advisory Committee, 71188 2010-29283 International International Trade Administration NOTICES Antidumping Duty Orders and Amended Final Determinations of Sales at Less than Fair Value: Seamless Refined Copper Pipe and Tube from Mexico and People's Republic of China, 71070-71072 2010-29528 Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review: Certain Circular Welded Non-Alloy Steel Pipe from Mexico, 71072-71075 2010-29384 Partial Rescission of Countervailing Duty Administrative Review: Citric Acid and Certain Citrate Salts from Peoples Republic of China, 71078-71079 2010-29298 International International Trade Commission NOTICES Determinations: Seamless Refined Copper Pipe and Tube from China and Mexico, 71146 2010-29301 Terminations of Investigations: Certain Machine Vision Software, Machine Vision Systems; et al., 71146-71147 2010-29302 Justice Justice Department See National Institute of Corrections See Parole Commission Labor Labor Department See Employee Benefits Security Administration Land Land Management Bureau NOTICES Meetings: Western Montana Resource Advisory Council, 71141-71142 2010-29328 Realty Actions: Direct Sale of Public Land in Blaine County, ID, 71143-71144 2010-29372 Record of Decision: Solar Millennium, LLC, Amargosa Farm Road Solar Energy Project, 71144-71145 2010-29370 National Highway National Highway Traffic Safety Administration NOTICES Petitions for Exemption from the Vehicle Theft Prevention Standard: BMW of North America, LLC, 71184-71185 2010-29289 National Institute National Institute of Corrections NOTICES Solicitation for Cooperative Agreements: Production of Seven Live Satellite/Internet Broadcasts, 71148-71151 2010-29379 NIH National Institutes of Health NOTICES Meetings: Center for Scientific Review, 71134-71135 2010-29361 National Cancer Institute, 71134 2010-29362 2010-29363 National Institute of General Medical Sciences, 71134 2010-29359 National Institute of Mental Health, 71133 2010-29356 NOAA National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone Off Alaska: Pacific Cod in the Western Regulatory Area of the Gulf of Alaska, 71045 2010-29376 National Park National Park Service NOTICES National Register of Historic Places: Pending Nominations and Related Actions, 71142-71143 2010-29285 Pending Relocation of Listed Property, 71142 2010-29286 Navy Navy Department NOTICES Privacy Act; Systems of Records, 71083-71090 2010-29334 Nuclear Nuclear Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 71152 2010-29375 Exemptions: Southern California Edision San Onofre Nuclear Generating Station Unit 2 and Unit 3, 71152-71154 2010-29368 Meetings: ACRS Subcommittee on Reliability and PRA, 71154 2010-29373 Request for Action Under 10 CFR 2.206, 71154-71155 2010-29367 Parole Parole Commission NOTICES Record of Vote of Meeting Closure, 71147 2010-29354 Patent Patent and Trademark Office NOTICES Extension of the Patent Application Backlog Reduction Stimulus Plan, 71072 2010-29360 Postal Postal Service NOTICES Market Test of Experimental Products: Alternative Postage Payment Method for Greeting Cards, 71155 2010-29288 Presidential Presidential Documents PROCLAMATIONS Special Observances: American Education Week (Proc. 8602), 71005-71006 2010-29516 EXECUTIVE ORDERS Faith-Based and Neighborhood Organizations; Principles and Policymaking Criteria for Partnerships (EO 13559), 71317-71323 2010-29579 Reclamation Reclamation Bureau NOTICES San Joaquin River Restoration Program: Reach 4B, Eastside Bypass and Mariposa Bypass Channel and Structural Improvements Project, Merced County, CA, 71145-71146 2010-29330 SECURITIES AND EXCHANGE Securities and Exchange Commission NOTICES Meetings; Sunshine Act, 71155 2010-29475 Self-Regulatory Organizations; Proposed Rule Changes: BATS Exchange, Inc., 71168-71170 2010-29344 Financial Industry Regulatory Authority, Inc., 71164-71168 2010-29281 2010-29395 NASDAQ OMX BX, Inc., 71163-71164 2010-29352 NASDAQ OMX PHLX LLC, 71155-71158 2010-29343 NYSE Arca, Inc., 71158-71163 2010-29351 Social Social Security Administration NOTICES Social Security Disability Program Projects: Benefit Offset National Demonstration, 71171-71177 2010-29350 Susquehanna Susquehanna River Basin Commission NOTICES Projects Approved for Consumptive Uses of Water, 71177-71179 2010-29331 Thrift Thrift Supervision Office NOTICES Approvals of Conversion Applications: Atlantic Coast Financial Corporation, Waycross, GA, 71187 2010-29256 Wolverine Bank, Midland, MI, 71187-71188 2010-29258 Toxic Substances and Disease Registry Agency See Agency for Toxic Substances and Disease Registry Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Railroad Administration See Federal Transit Administration See National Highway Traffic Safety Administration Treasury Treasury Department See Comptroller of the Currency See Internal Revenue Service See Thrift Supervision Office PROPOSED RULES Federal Benefit Payments under Certain District of Columbia Retirement Plans, 71047-71061 2010-29152 Separate Parts In This Issue Part II Health and Human Services Department, Centers for Medicare & Medicaid Services, 71190-71292 2010-28774 Part III Environmental Protection Agency, 71294-71316 2010-29235 Part IV Presidential Documents, 71317-71323 2010-29579 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. 75 224 Monday, November 22, 2010 Rules and Regulations DEPARTMENT OF THE INTERIOR Office of the Secretary 2 CFR Part 1401 43 CFR Part 43 RIN 1093-AA12 Department of the Interior Implementation of OMB Guidance on Drug-Free Workplace Requirements (Financial Assistance) AGENCY: Office of the Secretary, Interior. ACTION: Final rule with request for comments. SUMMARY: The Department of the Interior

(DOI)is removing its regulation implementing the government-wide common rule on drug-free workplace requirements for financial assistance and issuing a new regulation to adopt the Office of Management and Budget

(OMB)guidance. This regulatory action implements the OMB's initiative to streamline and consolidate into one title of the Code of Federal Regulations all Federal regulations on drug-free workplace requirements for financial assistance. These changes constitute an administrative simplification that will make no substantive change in DOI policy or procedures for drug-free workplace. DATES: This final rule is effective on January 21, 2011 ** without further action. Submit comments by December 22, 2010 on any unintended changes this action makes in Department of the Interior policies and procedures for drug-free workplace. All comments on unintended changes will be considered and, if warranted, DOI will revise the rule. ADDRESSES: You may submit comments, on the rulemaking through the Federal eRulemaking Portal at *http://www.regulations.gov.* Please use the Regulation Identifier Number

(RIN)1093-AA12 in your message. Follow the instructions on the Web site for submitting comments. FOR FURTHER INFORMATION CONTACT: Anita Hairston, Financial Assistance Program Manager, Department of the Interior, Office of Acquisition and Property Management, telephone

(202)208-3433, fax

(202)219-4244, or e-mail *anita_hairston@ios.doi.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 [53 FR 4946, January 31, 1989]. The rule was a subpart of the government-wide 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 cooperative agreements [69 FR 26276, May 11, 2004], OMB announced its intention to replace common rules with OMB guidance that agencies could adopt in brief regulations. OMB began that process by proposing [70 FR 51863, August 31, 2005] and finalizing [71 FR 66431, November 15, 2006] government-wide guidance on non-procurement suspension and debarment in 2 CFR part 180. As the next step in that process, OMB proposed [73 FR 55776, September 26, 2008] and finalized [74 FR 28149, June 15, 2009] government-wide guidance with policies and procedures to implement drug-free workplace requirements for financial assistance. The guidance requires each agency to replace the common rule on drug-free workplace requirements that the agency previously issued in its own CFR title with a brief regulation in 2 CFR adopting the government-wide policies and procedures. One advantage of this approach is that it reduces the total 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, DOI is taking two regulatory actions. First, we are removing the drug-free workplace common rule from 43 CFR part 43. Second, to replace the common rule, we are issuing a brief regulation in 2 CFR, Subtitle B, Chapter XIV, part 1401 to adopt the government-wide 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 DOI common rule at 43 CFR part 43. 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 the DOI 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). This rule will be effective on January 21, 2011 without further action, unless we receive adverse comment by December 22, 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 This document is not a significant rule and is not subject to review by the Office of Management and Budget under Executive Order 12866.

(1)This rule will not have an effect of $100 million or more on the economy. It will not adversely affect in a material way the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or Tribal governments or communities.

(2)This rule will not create a serious inconsistency or otherwise interfere with an action taken or planned by another agency.

(3)This rule does not alter the budgetary effects or entitlements, grants, user fees, or loan programs or the rights or obligations of their recipients.

(4)This rule does not raise novel legal or policy issues. Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)) DOI certifies that this document will not have a significant economic effect on a substantial number of small entities under the Regulatory Flexibility Act, 5 U.S.C. 601 *et seq.* Small Business Regulatory Enforcement Fairness Act (SBREFA) This rule is not a major rule under 5 U.S.C. 804(2), the Small Business Regulatory Enforcement Fairness Act. This rule: a. Does not have an annual effect on the economy of $100 million or more. b. Does not represent a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions. c. Does not have significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of U.S.-based enterprises to compete with foreign-based enterprises. Unfunded Mandates Act of 1995 (Sec. 202, Pub. L. 104-4) This rule does not impose an unfunded mandate on State, local, or Tribal governments or the private sector of more than $100 million per year. The rule does not have a significant or unique effect on State, local or Tribal governments or the private sector. A statement containing the information required by the Unfunded Mandates Reform Act, 2 U.S.C. 1531 *et seq.,* is not required. Takings (E.O. 12630) In accordance with Executive Order 12630, the rule does not have significant takings implications. A takings implication assessment is not required. Paperwork Reduction Act of 1995 (44 U.S.C., Chapter 35) This regulation does not require an information collection from 10 or more parties and a submission under the Paperwork Reduction Act is not required. An OMB form 83-I is not required. Federalism (Executive Order 13132) This proposed 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. Civil Justice Reform (E.O. 12988) In accordance with Executive Order 12988, this rule does not unduly burden the judicial system and meets the requirements of sections 3(a) and 3(b)(2) of the Order. List of Subjects 2 CFR Part 1401 Administrative practice and procedure, Drug abuse, Grant programs, Reporting and recordkeeping requirements. 43 CFR Part 43 Administrative practice and procedure, Drug abuse, Grant programs, Reporting and recordkeeping requirements. Pamela Haze, Acting Assistant Secretary for Policy, Management and Budget. Accordingly, for the reasons set forth in the preamble, and under the authority of 5 U.S.C. 301, the Department of the Interior amends 2 CFR, Subtitle B, Chapter XIV, part 1401, and 43 CFR part 43 as follows: TITLE 2—GRANTS AND AGREEMENTS 1. In Subtitle B, Chapter XIV, add new part 1401 to read as follows: PART 1401—REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) Sec. Subpart A—Purpose and Coverage 1401.100 What does this part do? 1401.105 Does this part apply to me? 1401.110 What policies and procedures must I follow? 1401.115 Are any of my Federal assistance awards exempt from this part? 1401.120 Does this part affect the Federal contracts that I receive? Subpart B—Definitions 1401.205 Award. 1401.210 Controlled substance. 1401.215 Conviction. 1401.220 Cooperative agreement. 1401.225 Criminal drug statue. 1401.230 Debarment. 1401.235 Drug-free workplace. 1401.240 Employee. 1401.245 Federal agency or agency. 1401.250 Grant. 1401.255 Individual. 1401.260 Recipient. 1401.265 State. 1401.270 Suspension. Subpart C—Requirements for Recipients Other Than Individuals 1401.300 What must I do to comply with this part? 1401.305 What must I include in my drug-free workplace statement? 1401.310 To whom must I distribute my drug-free workplace statement? 1401.315 What must I include in my drug-free awareness program? 1401.320 By when must I publish my drug-free workplace statement and establish my drug-free awareness program? 1401.325 What actions must I take concerning employees who are convicted of drug violations in the workplace? 1401.330 How and when must I identify workplaces? 1401.335 Whom in the DOI does a recipient other than an individual notify about a criminal drug conviction? Subpart D—Requirements for Recipients Who Are Individuals 1401.400 What must I do to comply with this part if I am an individual recipient? 1401.401 Whom in the DOI does a recipient who is an individual notify about a criminal drug conviction? Subpart E—Responsibilities of Department of the Interior Awarding Officials 1401.500 What are my responsibilities as a DOI awarding official? Subpart F—Violations of this Part and Consequences 1401.600 How are violations of this part determined for recipients other than individuals? 1401.605 How are violations of this part determined for recipients who are individuals? 1401.610 What actions will the Federal Government take against a recipient determined to have violated this part? 1401.615 Are there any exceptions to those actions? Authority: 5 U.S.C. 301; 31 U.S.C. 6101 note, 7501; 41 U.S.C. 252a; 41 U.S.C. 701-707. Subpart A—Purpose and Coverage § 1401.100 What does this part do? This part requires that the award and administration of the DOI 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 (hereinafter, “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 DOI's grants and cooperative agreements; and

(b)Establishes DOI policies and procedures for compliance with the Act that are the same as those of other Federal agencies, in conformance with the requirement in 41 U.S.C. 705 for government-wide implementing regulations. § 1401.105 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 apply if you are—

(a)A recipient of an assistance award from the Department of the Interior; or

(b)The Department of the Interior awarding official. The following table (will be incorporated into 2 CFR part 182) shows the subparts that apply to you: If you are *See* subparts

(1)A recipient who is not an individual A, C and F.

(2)A recipient who is an individual A, D and F.

(3)A Department of the Interior awarding official A, E and F. § 1401.110 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)In implementing 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 set forth 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) § 1401.335 Whom in the DOI 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) § 1401.401 Whom in the DOI 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 § 1401.600 Who in the DOI 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 § 1401.605 Who in the DOI 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, DOI policies and procedures are the same as those in the OMB guidance. § 1401.115 Are any of my Federal assistance awards exempt from this part? This part does not apply to any award if the Director, Office of Acquisition and Property Management (PAM), determines that the application of this part would be inconsistent with the international obligations of the United States or the laws or regulations of a foreign government. § 1401.120 Does this part affect the Federal contracts that I receive? It will affect future contract awards indirectly if you are debarred or suspended for a violation of the requirements of this part, as described in § 1401.610(c). However, this part does not directly apply to procurement contracts. The portion of the Drug-Free Workplace Act of 1988 that applies to Federal procurement contracts is carried out through the Federal Acquisition Regulation in 48 CFR part 23, subpart 23.5. Subpart F—Definitions § 1401.205 Award. *Award* means an award of financial assistance by DOI or other Federal agency directly to a recipient.

(a)The term award includes:

(1)A Federal grant or cooperative agreement, in the form of money or property in lieu of money.

(2)A block grant or a grant in an entitlement program, whether or not the grant is exempted from coverage under the Departmental rules at 43 CFR part 12, subpart C, “Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments.”

(b)The term award does not include:

(1)Technical assistance that provides services instead of money.

(2)Loans.

(3)Loan guarantees.

(4)Interest subsidies.

(5)Insurance.

(6)Direct appropriations.

(7)Veterans' benefits to individuals ( *i.e.,* any benefit to veterans, their families, or survivors by virtue of the service of a veteran in the Armed Forces of the United States). § 1401.210 Controlled substance. *Controlled substance* means any controlled substance identified in schedules I through V of the Controlled Substances Act, 21 U.S.C. 812, and as further defined by regulations at 21 CFR 1308.11 through 1308.15. § 1401.215 Conviction. *Conviction* means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes. § 1401.220 Cooperative agreement. *Cooperative agreement* means an award of financial assistance that, consistent with 31 U.S.C. 6305, is used to enter into the same kind of relationship as a grant ( *see* definition of grant in section 1401.250), except that substantial involvement is expected between the Federal agency and the recipient when carrying out the activity contemplated by the award. The term does not include cooperative research and development agreements as defined in 15 U.S.C. 3710a. § 1401.225 Criminal drug statute. *Criminal drug statute* means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance. § 1401.230 Debarment. *Debarment* means an action taken by a Federal agency to prohibit a recipient from participating in Federal Government procurement contracts and covered non-procurement transactions. A recipient so prohibited is debarred, in accordance with the Federal Acquisition Regulation for procurement contracts (48 CFR part 9, subpart 9.4) and 2 CFR part 180. § 1401.235 Drug-free workplace. *Drug-free workplace* means a site for the performance of work done in connection with a specific award at which employees of the recipient are prohibited from engaging in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance. § 1401.240 Employee.

(a)*Employee* means the employee of a recipient directly engaged in the performance of work under the award, including—

(1)All direct charge employees;

(2)All indirect charge employees, unless their impact or involvement in the performance of work under the award is insignificant to the performance of the award; and

(3)Temporary personnel and consultants who are directly engaged in the performance of work under the award and who are on the recipient's payroll.

(b)This definition does not include workers not on the payroll of the recipient ( *e.g.,* volunteers, even if used to meet a matching requirement; consultants or independent contractors not on the payroll; or employees of sub-recipients or subcontractors in covered workplaces). § 1401.245 Federal agency or agency. *Federal agency* or *agency* means any United States executive department, military department, government corporation, government controlled corporation, any other establishment in the executive branch (including the Executive Office of the President), or any independent regulatory agency. § 1401.250 Grant. *Grant* means an award of financial assistance that, consistent with 31 U.S.C. 6304, is used to enter into a relationship whereby—

(a)The principal purpose of which is to transfer a thing of value to the recipient to carry out a public purpose of support or stimulation authorized by a law of the United States, rather than to acquire property or services for the Federal Government's direct benefit or use; and

(b)In which substantial involvement is not expected between the Federal agency and the recipient when carrying out the activity contemplated by the award. § 1401.255 Individual. *Individual* means a natural person. § 1401.260 Recipient. *Recipient* means any individual, corporation, partnership, association, unit of government (except a Federal agency) or legal entity, however organized, that receives an award directly from a Federal agency. § 1401.265 State. *State* means any of the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States. § 1401.270 Suspension. *Suspension* means an action taken by a Federal agency that immediately prohibits a recipient from participating in Federal Government procurement contracts and covered non-procurement transactions for a temporary period, pending completion of an investigation and any judicial or administrative proceedings that may ensue. A recipient so prohibited is suspended, in accordance with the Federal Acquisition Regulation for procurement contracts (48 CFR part 9, subpart 9.4) and 2 CFR part 180. Suspension of a recipient is a distinct and separate action from suspension of an award or suspension of payments under an award. Subpart C—Requirements for Recipients Other Than Individuals § 1401.300 What must I do to comply with this part? There are two general requirements if you are a recipient other than an individual.

(a)First, you must make a good faith effort, on a continuing basis, to maintain a drug-free workplace. You must agree to do so as a condition for receiving any award covered by this part. The specific measures that you must take in this regard are described in more detail in subsequent sections of this subpart. Briefly, those measures are to—

(1)Publish a drug-free workplace statement and establish a drug-free awareness program for your employees; and

(2)Take actions concerning employees who are convicted of violating drug statutes in the workplace.

(b)Second, you must identify all known workplaces under your Federal awards. § 1401.305 What must I include in my drug-free workplace statement? You must publish a statement that—

(a)Tells your employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in your workplace;

(b)Specifies the actions that you will take against employees for violating that prohibition; and

(c)Lets each employee know that, as a condition of employment under any award, he or she:

(1)Will abide by the terms of the statement; and

(2)Must notify you in writing if he or she is convicted for a violation of a criminal drug statute occurring in the workplace and must do so no more than five calendar days after the conviction. § 1401.310 To whom must I distribute my drug-free workplace statement? You must require that a copy of the statement described in § 1401.305 be given to each employee who will be engaged in the performance of any Federal award. § 1401.315 What must I include in my drug-free awareness program? You must establish an ongoing drug-free awareness program to inform employees about—

(a)The dangers of drug abuse in the workplace;

(b)Your policy of maintaining a drug-free workplace;

(c)Any available drug counseling, rehabilitation, and employee assistance programs; and

(d)The penalties that you may impose upon them for drug abuse violations occurring in the workplace. § 1401.320 By when must I publish my drug-free workplace statement and establish my drug-free awareness program? If you are a new recipient that does not already have a policy statement as described in § 1401.305 and an ongoing awareness program as described in § 1401.315, you must publish the statement and establish the program by the time given in the following table: If . . . then you . . .

(a)The performance period of the award is less than 30 days must have the policy statement and program in place as soon as possible, but before the date on which performance is expected to be completed.

(b)The performance period of the award is 30 days or more must have the policy statement and program in place within 30 days after award.

(c)You believe there are extraordinary circumstances that will require more than 30 days for you to publish the policy statement and establish the awareness program may ask the Department of the Interior awarding official to give you more time to do so. The amount of additional time, if any, to be given is at the discretion of the awarding official. § 1401.325 What actions must I take concerning employees who are convicted of drug violations in the workplace? There are two actions you must take if an employee is convicted of a drug violation in the workplace:

(a)First, you must notify Federal agencies if an employee who is engaged in the performance of an award informs you about a conviction, as required by § 1401.305(c)(2), or you otherwise learn of the conviction. Your notification to the Federal agencies must—

(1)Be in writing;

(2)Include the employee's position title;

(3)Include the identification number(s) of each affected award;

(4)Be sent within ten calendar days after you learn of the conviction; and

(5)Be sent to every Federal agency on whose award the convicted employee was working. It must be sent to every awarding official or his or her official designee, unless the Federal agency has specified a central point for the receipt of the notices.

(b)Second, within 30 calendar days of learning about an employee's conviction, you must either—

(1)Take appropriate personnel action against the employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, 29 U.S.C. 794, as amended; or

(2)Require the employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for these purposes by a Federal, State or local health, law enforcement, or other appropriate agency. § 1401.330 How and when must I identify workplaces?

(a)You must identify all known workplaces under each DOI award. A failure to do so is a violation of your drug-free workplace requirements. You may identify the workplaces—

(1)To the DOI official that is making the award, either at the time of application or upon award; or

(2)In documents that you keep on file in your offices during the performance of the award, in which case you must make the information available for inspection upon request by DOI officials or their designated representatives.

(b)Your workplace identification for an award must include the actual address of buildings (or parts of buildings) or other sites where work under the award takes place. Categorical descriptions may be used ( *e.g.,* all vehicles of a mass transit authority or State highway department while in operation, State employees in each local unemployment office, performers in concert halls or radio studios).

(c)If you identified workplaces to the DOI awarding official at the time of application or award, as described in paragraph (a)(1) of this section, and any workplace that you identified changes during the performance of the award, you must inform the DOI awarding official. § 1401.335 Whom in the DOI does a recipient other than an individual notify about a criminal drug conviction? The DOI is not designating a central location for the receipt of these reports. Therefore you shall provide this report to every grant officer, or other designee within a bureau or office of the Department on whose grant activity the convicted employee was working. Subpart D—Requirements for Recipients Who Are Individuals § 1401.400 What must I do to comply with this part if I am an individual recipient? As a condition of receiving a DOI award, if you are an individual recipient, you must agree that—

(a)You will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in conducting any activity related to the award; and

(b)If you are convicted of a criminal drug offense resulting from a violation occurring during the conduct of any award activity, you will report the conviction:

(1)In writing.

(2)Within 10 calendar days of the conviction.

(3)To the Department of the Interior awarding official or other designee for each award that you currently have, unless § 1401.401 or the award document designates a central point for the receipt of the notices. When notice is made to a central point, it must include the identification number(s) of each affected award. § 1401.401 Whom in the DOI does a recipient who is an individual notify about a criminal drug conviction? The DOI is not designating a central location for the receipt of these reports. Therefore you shall provide this report to every grant officer, or other designee within a bureau or office of the Department on whose grant activity the convicted employee was working. Subpart E—Responsibilities of DOI Awarding Officials § 1401.500 What are my responsibilities as a DOI awarding official? 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 1401, which adopts the government-wide implementation of 2 CFR part 182; sections 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 F—Violations of this Part and Consequences § 1401.600 How are violations of this part determined for recipients other than individuals? A recipient other than an individual is in violation of the requirements of this part if the Director, PAM determines, in writing, that—

(a)The recipient has violated the requirements of subpart B of this part; or

(b)The number of convictions of the recipient's employees for violating criminal drug statutes in the workplace is large enough to indicate that the recipient has failed to make a good faith effort to provide a drug-free workplace. § 1401.605 How are violations of this part determined for recipients who are individuals? An individual recipient is in violation of the requirements of this part if the Director, PAM determines, in writing, that—

(a)The recipient has violated the requirements of subpart C of this part; or

(b)The recipient is convicted of a criminal drug offense resulting from a violation occurring during the conduct of any award activity. § 1401.610 What actions will the Federal Government take against a recipient determined to have violated this part? If a recipient is determined to have violated this part, as described in § 1401.600 or § 1401.605, DOI may take one or more of the following actions—

(a)Suspension of payments under the award;

(b)Suspension or termination of the award; and

(c)Suspension or debarment of the recipient under 2 CFR part 180, for a period not to exceed five years. § 1401.615 Are there any exceptions to those actions? The Secretary of the Interior may waive with respect to a particular award, in writing, a suspension of payments under an award, suspension or termination of an award, or suspension or debarment of a recipient if the Secretary of the Interior determines that such a waiver would be in the public interest. This exception authority cannot be delegated to any other official. TITLE 43—PUBLIC LANDS 2. In title 43, remove part 43. [FR Doc. 2010-29371 Filed 11-19-10; 8:45 am]

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