Unknown. Final rule

4,477 words·~20 min read·/register/2010/12/22/2010-32134·

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-2010-12-22.xml --- 75 245 Wednesday, December 22, 2010 Contents Actuaries, Joint Board for Enrollment See Joint Board for Enrollment of Actuaries Antitrust Division Antitrust Division NOTICES National Cooperative Research and Production Act of 1993: National Warheads and Energetics Consortium, 80536 2010-32052 Vehicle Infrastructure Integration Consortium, 80536 2010-32053 Architectural Architectural and Transportation Barriers Compliance Board NOTICES Meetings, 80455 2010-32105 Army Army Department NOTICES Environmental Impact Statements;

Availability, etc.: Disposal and Reuse of Fort McPherson, Georgia, 80480-80481 2010-32174 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 80505-80508 2010-32076 2010-32077 2010-32078 Coast Guard Coast Guard NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 80512-80515 2010-32059 2010-32060 Meetings: National Boating Safety Advisory Council, 80515-80516 2010-32058 Commerce Commerce Department See Economic Analysis Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Commodity Futures Commodity Futures Trading Commission PROPOSED RULES Business Conduct Standards for Swap Dealers and Major Swap Participants with Counterparties, 80638-80663 2010-31588 Core Principles and Other Requirements for Designated Contract Markets, 80572-80636 2010-31458 Defense Acquisition Defense Acquisition Regulations System PROPOSED RULES Defense Federal Acquisition Regulation Supplement:

Reporting of Government-Furnished Property, 80426-80430 2010-32099 Defense Department Defense Department See Army Department See Defense Acquisition Regulations System Drug Drug Enforcement Administration NOTICES Meetings: Procedures for the Surrender of Unwanted Controlled Substances by Ultimate Users, 80536-80538 2010-32104 Economic Analysis Bureau Economic Analysis Bureau RULES Direct Investment Surveys: BE-11, Annual Survey of U.S. Direct Investment Abroad, 80294-80296 2010-32027 Education Education Department NOTICES Meetings:

Advisory Commission on Accessible Instructional Materials in Postsecondary Education for Students with Disabilities, 80481-80482 2010-32094 Energy Department Energy Department See Federal Energy Regulatory Commission See Western Area Power Administration RULES Energy Conservation Program: Energy Conservation Standards for Electric Motors, 80292-80293 2010-32119 Energy Efficiency Program for Consumer Products: Waiver of Preemption of State Regulations Concerning Water Use or Water Efficiency of Showerheads, etc., 80289-80292 2010-32116 NOTICES Application to Export Electric Energy:

TransCanada Power Marketing Ltd., 80482-80483 2010-32123 Environmental Protection Environmental Protection Agency RULES Approval and Promulgation of Implementation Plans: New Jersey; 8-hour Ozone Control Measures, 80340-80343 2010-32034 Extension of Tolerances for Emergency Exemptions (Multiple Chemicals), 80343-80346 2010-32148 Implementation of OMB Guidance on Drug Free Workplace Requirements, 80287-80289 2010-32134 Pesticide Tolerances: Flutolanil, 80346-80350 2010-32147 PROPOSED RULES Reasonable Further Progress Requirements for the 1997 8-Hour Ozone National Ambient Air Quality Standard, 80420-80425 2010-32139 NOTICES Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities, 80489-80490 2010-31872 Pesticide Products;

Registration Applications, 80490-80492 2010-32033 Petition For Rulemaking; Availability: To Establish Procedures Consistent with Section 1010 of the 1988 Amendments to the Endangered Species Act, 80492-80493 2010-32035 Public Water System Supervision Program Approval: State of Wisconsin, 80493-80494 2010-32137 Registration Review Proposed Decisions: Busan 74 (HPMTS) and Nithiazine, 80494-80496 2010-32151 Registration Review: Pesticide and Other Docket Actions, 80496-80498 2010-32152 Reports;

Availability, etc.: TSCA Interagency Testing Committee to the Administrator of the Environmental Protection Agency, 80666-80668 2010-32149 Executive Office of the President See Management and Budget Office See Presidential Documents Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Eurocopter France Model AS 350 B, BA, B1, B2, B3, and D, and Model AS355 E, F, F1, F2, and N Helicopters, 80293-80294 2010-31964 PROPOSED RULES Airworthiness Directives:

General Electric Co. GE90-76B; GE90-77B; GE90-85B; GE90-90B; and GE90-94B Turbofan Engines, 80370-80372 2010-32156 Amendments of Restricted Areas: R-2907A and R-2907B, Lake George, FL; and R-2910, Pinecastle, FL, 80372-80374 2010-32046 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Air Carriers and Commercial Operators, 80567-80568 2010-32045 Aviation Maintenance Technical Schools, 80567 2010-32042 Meetings: Proposed Modification of the Philadelphia, PA, Class B Airspace Area;

Correction, 80568 2010-32048 Petition for Exemption; Summaries of Petitions Received, 80568-80569 2010-32043 2010-32055 Federal Communications Federal Communications Commission RULES Satellite Television Extension and Localism Act of 2010 and Satellite Home Viewer Extension and Reauthorization Act of 2004, 80354-80363 2010-32037 PROPOSED RULES Satellite Television Extension and Localism Act of 2010 and Satellite Home Viewer Extension and Reauthorization Act of 2004, 80425-80426 2010-32039 Federal Deposit Federal Deposit Insurance Corporation NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 80498-80499 2010-32158 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 80499 2010-31895 Federal Emergency Federal Emergency Management Agency RULES Suspension of Community Eligibility, 80351-80354 2010-32106 Federal Energy Federal Energy Regulatory Commission RULES Oil Pipleline Pricing Index; Five-Year Review, 80300-80313 2010-32062 PROPOSED RULES Electric Reliability Organization Interpretations of Interconnection Reliability Operations, etc., 80391-80396 2010-32074 Version One Regional Reliability Standards for Facilities Design, Connections, and Maintenance:

Protection and Control; and Voltage and Reactive, 80397-80409 2010-32157 NOTICES Applications: Tennessee Gas Pipeline Co., 80483 2010-32068 Baseline Filings: American Midstream (Louisiana Intrastate), LLC; Atmos Energy - Kentucky/Mid-States Division, 80483-80484 2010-32070 Combined Filings, 80484-80485 2010-32063 Compliance Filings: ONEOK Field Services Co., 80486 2010-32071 Filings: Corning Natural Gas Corp., 80486 2010-32072 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorization:

Cambria CoGen Co., 80487 2010-32066 Paradise Solar Urban Renewal, LLC, 80487 2010-32065 Sustainable Star, LLC, 80486-80487 2010-32064 Preliminary Permit Drawings: Lock+ Hydro Friends Fund XLVIII, FFP Missouri 15, LLC, 80487-80488 2010-32069 Technical Conferences: Columbia Gulf Transmission Co., 80488 2010-32073 Federal Maritime Federal Maritime Commission NOTICES Agreements Filed, 80499 2010-32167 Ocean Transportation Intermediary Licenses; Applicants, 80499-80500 2010-32169 Ocean Transportation Intermediary Licenses;

Revocations, 80500-80501 2010-32171 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 80501 2010-32092 Fiscal Fiscal Service RULES Federal Government Participation in the Automated Clearing House, 80335-80340 2010-32114 Management of Federal Agency Disbursements, 80315-80335 2010-32117 Fish Fish and Wildlife Service NOTICES Environmental Assessments; Availability, etc.: Watercress Darter National Wildlife Refuge, Jefferson County, AL, 80524-80525 2010-32080 General Services General Services Administration RULES Federal Travel Regulations:

Removal of Privately Owned Vehicle Rates; Privately Owned Automobile Mileage Reimbursement, etc.; Correction, 80350-80351 2010-32128 Geological Geological Survey NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 80525-80526 2010-32081 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See National Institutes of Health NOTICES Adjustments for Federal Medical Assistance Percentage Rates, 80501-80503 2010-32054 Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 80503-80505 2010-32057 2010-32265 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Lender Qualifications for Multifamily Accelerated Processing, 80516-80517 2010-32161 Multifamily Rental Project Closing Documents, 80517-80524 2010-32185 Interior Interior Department See Fish and Wildlife Service See Geological Survey See National Park Service International Trade Adm International Trade Administration NOTICES Amended Final Results of Countervailing Duty Administrative Review Pursuant to Court Decision:

Certain Hot-Rolled Carbon Steel Flat Products from India, 80455-80456 2010-32170 Export Trade Certificate of Review: ARC Industries Ltd., 80456-80457 2010-32125 Extension of Time Limit for Preliminary Results of Antidumping Duty New Shipper Review: Polyethylene Terephthalate Film, Sheet and Strip from India, 80457 2010-32168 Final Results of Sunset Review and Revocation of Antidumping Duty Order: Superalloy Degassed Chromium from Japan, 80457-80458 2010-32172 Preliminary Results of, etc., 15th Antidumping Duty Administrative Review:

Fresh Garlic from the People's Republic of China, 80458-80469 2010-32166 International Trade Com International Trade Commission NOTICES Countervailing Duty and Antidumping Investigations: Aluminum Extrusions from China, 80527-80528 2010-32030 Determinations: Wooden Bedroom Furniture from China, 80528-80529 2010-32029 Joint Joint Board for Enrollment of Actuaries NOTICES Privacy Act; Systems of Records, 80529-80535 2010-32160 Justice Department Justice Department See Antitrust Division See Drug Enforcement Administration RULES Privacy Act;

Implementation, 80313-80314 2010-32108 Labor Department Labor Department See Labor Statistics Bureau See Occupational Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Approval of a Representative's Fee in Black Lung Claim Proceedings, 80539-80540 2010-32088 Safety Defects; Examination, Correction, and Records, 80538-80539 2010-32038 Labor Statistics Labor Statistics Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 80540-80542 2010-32155 Management Management and Budget Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery, 80542-80543 2010-32084 Millenium Millennium Challenge Corporation NOTICES Meetings; Sunshine Act, 80544 2010-32352 National Credit National Credit Union Administration PROPOSED RULES Sample Income Data to Meet the Low-Income Definition, 80364-80367 2010-32131 Share Insurance and Appendix, 80367-80370 2010-32129 National Highway National Highway Traffic Safety Administration PROPOSED RULES Passenger Car and Light Truck Average Fuel Economy Standards:

Request for Product Plan Information; Model Years 2010-2025, 80430-80451 2010-32163 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 2010-32100 2010-32103 80508-80509, 80511 2010-32110 National Cancer Institute, 80510 2010-32122 National Human Genome Research Institute, 80509-80510 2010-32124 National Institute of Neurological Disorders and Stroke, 80510 2010-32101 National Institute on Alcohol Abuse and Alcoholism, 80511 2010-32022 National Institute on Deafness and Other Communication Disorders, 80509 2010-32126 National Institute on Drug Abuse, 2010-32111 80511-80512 2010-32113 National Library of Medicine, 80512 2010-32102 National Labor National Labor Relations Board PROPOSED RULES Notification of Employee Rights under the National Labor Relations Act, 80410-80420 2010-32019 National Oceanic National Oceanic and Atmospheric Administration NOTICES Meetings:

Gulf of Mexico Fishery Management Council, 80469-80470 2010-32082 Pacific Fishery Management Council, 80470 2010-32083 Permit Amendment Applications: Marine Mammals; File No. 14335, 80470-80471 2010-32162 Takes of Marine Mammals Incidental to Specified Activities: St. George Reef Light Station Restoration and Maintenance at Northwest Seal Rock, Del Norte County, CA, 80471-80480 2010-32164 National Park National Park Service NOTICES Meetings: Chesapeake and Ohio Canal National Historical Park Advisory Commission, 80526 2010-32028 National Register of Historic Places:

Pending Nominations and Related Actions, 80526-80527 2010-32050 National Transportation National Transportation Safety Board PROPOSED RULES Practice in Air Safety Proceedings, etc., 80452-80454 2010-32056 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Application Withdrawals: Entergy Nuclear Operations, Inc., 80544 2010-32138 Draft Reports; Availability, etc.: Confirmatory Thermal-Hydraulic Analysis to Support Specific Success Criteria, etc., Surry and Peach Bottom, 80544-80545 2010-32140 Environmental Assessments;

Availability, etc.: Carolina Power & Light Co., H. B. Robinson Steam Electric Plant, Unit 2, 80545-80546 2010-32142 Exemptions: Carolina Power & Light Co., Shearon Harris Nuclear Power Plant, Unit No. 1, 80547-80549 2010-32145 FirstEnergy Nuclear Operating Co., Davis-Besse Nuclear Power Station, 80549-80551 2010-32141 Virginia Electric and Power Co., Surry Power Station Unit Nos. 1 and 2, 80546-80547 2010-32144 Occupational Safety Health Adm Occupational Safety and Health Administration RULES Compliance Directive for Fall Protection in Residential Construction, 80315 2010-32154 Office of Management and Budget See Management and Budget Office Presidential Documents Presidential Documents PROCLAMATIONS Special Observances:

Wright Brothers Day (Proc. 8617), 80669-80672 2010-32402 Public Debt Public Debt Bureau See Fiscal Service Securities Securities and Exchange Commission RULES Extension of Filing Accommodation for Static-Pool Information in Filings with Respect to Asset-Backed Securities, 80296-80300 2010-32098 PROPOSED RULES Mine Safety Disclosure, 80374-80391 2010-31941 NOTICES Self-Regulatory Organizations; Proposed Rule Changes: Chicago Board Options Exchange, Inc., 80560-80561 2010-32067 Chicago Mercantile Exchange Inc., 80551-80553 2010-32086 Financial Industry Regulatory Authority, Inc., 80556-80557 2010-32090 NYSE Amex LLC, 80553-80560 2010-32087 2010-32089 Small Business Small Business Administration NOTICES Community Express Pilot Program, 80561-80562 2010-32095 Establishment of and Request for Nominations for Council on Underserved Communities, 80562-80563 2010-32097 Social Social Security Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 80563-80565 2010-32107 State Department State Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Statement Regarding a Lost or Stolen Passport, 80565-80566 2010-32135 Meetings: Overseas Schools Advisory Council, 80566 2010-32136 Surface Transportation Surface Transportation Board NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Disclosure of Rail Interchange Commitments, 80569-80570 2010-31995 Tennessee Tennessee Valley Authority NOTICES Meetings:

Regional Resource Stewardship Council, 80566-80567 2010-32075 Transportation Department Transportation Department See Federal Aviation Administration See National Highway Traffic Safety Administration See Surface Transportation Board Treasury Treasury Department See Fiscal Service Western Western Area Power Administration NOTICES Environmental Impact Statements; Availability, etc.: Proposed NextGen Project Near Selby, Walworth County, SD.; Cancellation, 80488 2010-32121 Separate Parts In This Issue Part II Commodity Futures Trading Commission, 80572-80636 2010-31458 Part III Commodity Futures Trading Commission, 80638-80663 2010-31588 Part IV Environmental Protection Agency, 80666-80668 2010-32149 Part V Presidential Documents, 80669-80672 2010-32402 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. 75 245 Wednesday, December 22, 2010 Rules and Regulations ENVIRONMENTAL PROTECTION AGENCY 2 CFR Part 1536 40 CFR Part 36 [Docket No. EPA-HQ-OARM-2010-0922; FRL- 9242-2] Environmental Protection Agency Implementation of OMB Guidance on Drug-Free Workplace Requirements AGENCY:

Environmental Protection Agency (EPA). ACTION: Final rule. SUMMARY: The Environmental Protection Agency is removing its regulation implementing the Governmentwide common rule on drug-free workplace requirements for financial assistance. 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 Environmental Protection Agency policy or procedures for drug-free workplace.

DATES: This final rule is effective on December 22, 2010. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA-HQ-OARM-2010-0922. All documents in the docket are listed in the *http://* www.regulations.gov index. Although listed in the index, some information is not publicly available, *e.g.* , CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is publicly available only in hard copy.

Publicly available docket materials are available either electronically through *http://www.regulations.gov* or in hard copy at the Public Reading Room. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is

(202)566-1744. FOR FURTHER INFORMATION CONTACT: Elizabeth January, Environmental Protection Agency, 5 Post Office Square, Boston, MA 02109, by phone

(617)918-8655 or by e-mail ( *january.elizabeth@epa.gov* ). SUPPLEMENTARY INFORMATION: I. General Information *Affected Entities:* Entities that receive grants from EPA. II. 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. Conclusion As the OMB guidance requires, the Environmental Protection Agency is taking two regulatory actions. First, we are removing the drug-free workplace common rule from 40 CFR part 36. Second, to replace the common rule, we are issuing a brief regulation in 2 CFR part 1536 to adopt the Governmentwide policies and procedures in the OMB guidance. *Statutory and Executive Order Reviews:* OMB has determined under Executive Order 12866 (58 FR 51735, October 4, 1993), that this action is not a “significant regulatory action.” Because this grants rule is not subject to notice and comment requirements under the Administrative Procedure Act or any other statute, it is not subject to the Regulatory Flexibility Act (5 U.S.C. 601 *et.* ). Today's rule contains no Federal mandates (under the regulatory provisions of Title 2 of the Unfunded Mandates Reform Act of 1999 (UMRA)) for State, local, or tribal governments or the private sector that would subject the rule to Sections 202 and 205 of the UMRA) (Pub. L. 104-4). The rule imposes no enforceable duty on any State, local, or Tribal governments or the private sector. In addition, this rule does not significantly or uniquely affect small governments. This action does not have tribal implications, as specified in Executive Order 13175 (65 FR 67249, November 9, 2000). This final rule is solely an administrative simplification that would make no substantive change in Environmental Protection Agency policy or procedures for drug-free workplace. Thus, Executive Order 13175 (63 FR 67249, November 9, 2000) does not apply to this action. EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997) as applying only to those regulatory actions that concern health or safety risks, such that the analysis required under section 5-501 of the Executive Order has the potential to influence the regulation. This action is not subject to Executive Order 13045 because it does not establish an environmental standard intended to mitigate health or safety risks. This rule will not have federalism implications, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). Executive Order 12898 (59 FR 7629 (February 16, 1994)) establishes Federal executive policy on environmental justice. EPA has determined that this rule will not have disproportionately high and adverse human health or environmental effects on minority or low-income populations because it is a grant rule that does not affect the level of protection provided to human health or the environment. This rule is not a “significant energy action” as defined in Executive Order 13211, “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use” (66 FR 28355 (May 22, 2001)) because it is not likely to have a significant adverse effect on the supply, distribution, or use of energy. Further, we have concluded that this rule is not likely to have any adverse energy effects. This rule does not involve technical standards; thus, the requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not impose an additional information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). *Congressional Review Act:* The Congressional Review Act, 5 U.S.C. 801 *et seq.* , generally provides that before certain actions may take effect, the agency promulgating the action must submit a report, which includes a copy of the action, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the **Federal Register** . A major rule cannot take effect until 60 days after it is published in the **Federal Register** . This action is not a “major rule” as defined by 5 U.S.C. 804(2). This rule will be effective on December 22, 2010. List of Subjects 2 CFR Part 1536 Administrative practice and procedure, Drug abuse, Grant programs, Reporting and recordkeeping requirements. 40 CFR Part 36 Governmentwide requirements for drug-free work-place (financial assistance). Dated: December 16, 2010. Howard Corcoran, Director, Office of Grants and Debarment. Accordingly, for the reasons set forth in the preamble, and under the authority of 5 U.S.C. 301, the Environmental Protection Agency amends the Code of Federal Regulations, Title 2, Subtitle B, Chapter XV, Part 1536, and Title 40, Chapter I, Part 36, as follows: Title 2—Grants and Agreements 1. Add Part 1536 in Subtitle B, Chapter XV, to read as follows: PART 1536—REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) Sec. 1536.10 What does this part do? 1536.20 Does this part apply to me? 1536.30 What policies and procedures must I follow? Subpart A—Purpose and Coverage [Reserved.] Subpart B—Requirements for Recipients Other Than Individuals 1536.225 Whom in the Environmental Protection Agency does a recipient other than an individual notify about a criminal drug conviction? Subpart C—Requirements for Recipients Who Are Individuals 1536.300 Whom in the Environmental Protection Agency does a recipient who is an individual notify about a criminal drug conviction? Subpart D—Responsibilities of Agency Awarding Officials 1536.400 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 1536.500 Who in the Environmental Protection Agency determines that a recipient other than an individual violated the requirements of this part? 1536.505 Who in the Environmental Protection Agency determines that a recipient who is an individual violated the requirements of this part? Authority: 41 U.S.C. 701-707. § 1536.10 What does this part do? This part requires that the award and administration of Environmental Protection Agency 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 Environmental Protection Agency's grants and cooperative agreements; and

(b)Establishes Environmental Protection Agency 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. § 1536.20 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 Environmental Protection Agency grant or cooperative agreement; or

(b)Environmental Protection Agency awarding official. § 1536.30 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) § 1536.225 Whom in the Environmental Protection Agency 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) § 1536.300 Whom in the Environmental Protection Agency 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 § 1536.500 Who in the Environmental Protection Agency 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 § 1536.505 Who in the Environmental Protection Agency 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, Environmental Protection Agency 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 § 1536.225 Whom in the Environmental Protection Agency 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 EPA award official from each Environmental Protection Agency office from which it currently has an award. Subpart C—Requirements for Recipients Who Are Individuals § 1536.300 Whom in the Environmental Protection Agency 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 EPA award official from each Environmental Protection Agency office from which it currently has an award. Subpart D—Responsibilities of Agency Awarding Officials § 1536.400 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 Subtitle B, Chapter XV, Part 1536, 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 § 1536.500 Who in the Environmental Protection Agency determines that a recipient other than an individual violated the requirements of this part? The EPA Administrator or designee is the official authorized to make the determination under 2 CFR 182.500. § 1536.505 Who in the Environmental Protection Agency determines that a recipient who is an individual violated the requirements of this part? The EPA Administrator or designee is the official authorized to make the determination under 2 CFR 182.505. Title 40—Protection of Environment Chapter I PART 36—[REMOVED] 2. Remove Part 36. [FR Doc. 2010-32134 Filed 12-21-10; 8:45 am]

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