Unknown. Final rule

5,875 words·~27 min read·/register/2011/02/24/2011-3217·

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-2011-02-24.xml --- 76 37 Thursday, February 24, 2011 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Food Safety and Inspection Service See Forest Service See Rural Utilities Service Air Force Air Force Department NOTICES Meetings: Air University Board of Visitors, 10341 2011-4159 Animal Animal and Plant Health Inspection Service PROPOSED RULES Importation of Ovine Meat From Uruguay, 10266-10269 2011-4138 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 10368-10371 2011-4165 2011-4167 Meetings: Disease, Disability, and Injury Prevention and Control Special Emphasis Panel, 10371 2011-4197 Coast Guard Coast Guard NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 10385-10387 2011-4139 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See Minority Business Development Agency See National Oceanic and Atmospheric Administration Consumer Product Consumer Product Safety Commission NOTICES Provisional Acceptance of Settlement Agreements and Orders:

Ms. Bubbles, Inc., 10339-10340 2011-4068 Copyright Office Copyright Office, Library of Congress NOTICES Federal Copyright Protection of Sound Recordings Fixed Before February 15, 1972, 10405-10406 2011-4126 Defense Department Defense Department See Air Force Department See Navy Department Delaware Delaware River Basin Commission RULES Water Supply Charges, 10233-10234 2011-3969 Drug Drug Enforcement Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

ARCOS Transaction Reporting, 10391-10392 2011-4064 Registrants Inventory of Drugs Surrendered, 10392 2011-4067 Report of Theft or Loss of Controlled Substances, 10390-10391 2011-4065 Education Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 10342 2011-4213 Employment and Training Employment and Training Administration NOTICES Amended Certifications Regarding Eligibility to Apply for Worker Adjustment Assistance: BreconRidge Manufacturing Solutions, Ogdensburg, NY, 10395 2011-4098 First American Title Insurance Co., Waterloo, IA, 10395-10396 2011-4097 Hewlett Packard Co., California and Maine, 10394-10395 2011-4099 New United Motor Manufacturing, Inc., et al., 10396 2011-4094 Ohio Decorative Products, Inc., Spencerville, OH, 10394 2011-4100 Determinations Regarding Eligibility to Apply for Worker Adjustment Assistance, 10396-10400 2011-4091 Funding Opportunities and Solicitation for Grant Applications:

Green Jobs Innovation Fund, 10400 2011-4181 Investigations Regarding Certifications of Eligibility to Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance, 10400-10403 2011-4089 2011-4090 Negative Determinations on Reconsideration: General Motors Co., Pontiac Assembly, Pontiac, MI, 10403 2011-4093 Western Digital Technologies, Inc., Lake Forest, CA, 10403 2011-4095 Revised Determinations on Reconsideration: Hewlett Packard, Milford, MI, 10403-10404 2011-4096 Revised Determinations on Remand:

Stimson Lumber Co., Clatskanie, OR, 10404-10405 2011-4092 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Fiscal Years 2011-2016 Draft Strategic Plan; Availability, 10342-10343 2011-4149 Meetings: Environmental Management Site-Specific Advisory Board, Nevada, 10343 2011-4148 Environmental Protection Environmental Protection Agency RULES Approval and Promulgation of Air Quality Implementation Plans: Texas; Revisions To Control Volatile Organic Compound Emissions From Consumer Related Sources, 10249-10253 2011-3996 PROPOSED RULES Approval and Promulgation of Air Quality Implementation Plans:

Texas; Revisions To Control Volatile Organic Compound Emissions From Consumer Related Sources, 10295 2011-3994 NOTICES Access to Confidential Business Information: Guident Technologies Inc. and Its Identified Subcontractors, 10360-10361 2011-4141 Clean Air Act Operating Permit Program: Petition for Objection to State Operating Permit for Anadarko Petroleum Corp. Frederick Compressor Station, 10361-10362 2011-4145 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives:

Airbus Model A330-200 and -300 and Model A340-200, -300, -500, and -600 Series Airplanes, 10230-10233 2011-4041 Boeing Co. Model 757 Airplanes, 10226-10230 2011-4013 Bombardier, Inc. Model CL-600-2B19 (Regional Jet Series 100 & 440) Airplanes, 10216-10220 2011-4012 Learjet Inc. Model 45 Airplanes, 10215-10216 2011-3534 Piaggio Aero Industries S.p.A Model Piaggio P-180 Airplanes, 10224-10226 2011-3923 Viking Air Limited Model DHC-3 Airplanes, 10220-10224 2011-3926 Special Conditions:

Embraer Model EMB-135BJ (Legacy 650) airplanes, Limit Engine Torque Loads for Sudden Engine Stoppage, 10213-10214 2011-4072 PROPOSED RULES Airworthiness Directives: Boeing Co. Model 767-200, -300, -300F, and -400ER Series Airplanes, 10288-10291 2011-4200 NOTICES Petitions for Exemptions; Summaries of Petitions Received, 10429-10430 2011-4101 2011-4102 Federal Communications Federal Communications Commission PROPOSED RULES Implementing a Nationwide, Broadband, Interoperable Public Safety Network in the 700 MHz Band, 10295-10299 2011-4058 NOTICES Meetings:

Communications Security, Reliability, and Interoperability Council, 10362 2011-4211 Federal Deposit Federal Deposit Insurance Corporation NOTICES Updated Listing of Financial Institutions in Liquidation, 10362-10363 2011-4073 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 10363 2011-4282 Federal Emergency Federal Emergency Management Agency RULES Final Flood Elevation Determinations, 10253-10258 2011-4129 Implementation of OMB Guidance on Drug Free Workplace Requirements, 10205-10209 2011-3217 Federal Energy Federal Energy Regulatory Commission NOTICES Applications:

CenterPoint Energy Gas Transmission Co., LLC, 10344 2011-4083 Combined Filings, 10344-10348 2011-4106 2011-4107 2011-4110 2011-4111 Environmental Assessments; Availability, etc.: Kern River Gas Transmission Co. Mountain Pass Lateral Project, 10350-10352 2011-4081 Northwest Pipeline, GP Molalla Capacity Replacement Project, 10348-10350 2011-4082 Filings: Duke Energy Carolinas, LLC, 10352 2011-4080 Michael J. Keyser, 10352-10353 2011-4086 Locational Exchanges of Wholesale Electric Power, 10353-10359 2011-4079 Petitions for Declaratory Orders:

Central Transmission LLC, 10360 2011-4084 OREG 1, Inc., OREG 2, Inc., OREG 3, Inc., and OREG 4, Inc., 10359 2011-4085 Preliminary Permit Applications: Qualified Hydro 25, LLC, 10360 2011-4087 Federal Maritime Federal Maritime Commission RULES Amendments to Commissions Rules of Practice and Procedure, 10258-10262 2011-4060 Information Security Program, 10262-10265 2011-4063 NOTICES Agreements Filed, 10363 2011-4144 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control:

Acquisitions of Shares of Bank or Bank Holding Company, 10363-10364 2011-4053 Federal Open Market Committee Domestic Policy Directive, 10364 2011-4124 Financial Financial Crimes Enforcement Network RULES Amendment to the Bank Secrecy Act Regulations: Reports of Foreign Financial Accounts, 10234-10246 2011-4048 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Wildlife and Plants: 90-Day Finding on a Petition to List Four Distinct Population Segments of Wild Plains Bison as Threatened, 10299-10310 2011-4121 90-Day Finding on a Petition to List the Unsilvered Fritillary Butterfly as Threatened or Endangered, 10310-10319 2011-4037 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Color Additive Certification Requests and Recordkeeping, 10371-10373 2011-4155 Food Safety Food Safety and Inspection Service PROPOSED RULES Mandatory Inspection of Catfish and Catfish Products, 10434-10469 2011-3726 Foreign Trade Foreign-Trade Zones Board NOTICES Application for Reorganization under Alternative Site Framework: Foreign-Trade Zone 182, Fort Wayne, IN, 10327-10328 2011-4188 Approvals of Manufacturing Authority: Foreign-Trade Zone 134;

Volkswagen Group of America Chattanooga Operations, LLC, Chattanooga, TN, 10328 2011-4175 Grant of Authority for Subzone Status: Vestas Nacelles America, Inc., Brighton, Denver, Pueblo, and Windsor, CO, 10328-10329 2011-4185 Reorganizations and Expansions Under Alternative Site Framework: Foreign-Trade Zone 144, Brunswick, GA, 10329 2011-4178 Subzone Applications: Foreign-Trade Zone 3, Valero Refining Co., Benicia, CA, 10329 2011-4208 Forest Forest Service NOTICES Meetings: GMUG Resource Advisory Committee, 10320 2011-4062 Wrangell-Petersburg Resource Advisory Committee, 10320 2011-4118 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 10364-10368 2011-4112 2011-4113 2011-4114 2011-4115 Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 10373-10374 2011-4162 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S. Citizenship and Immigration Services RULES Implementation of OMB Guidance on Drug Free Workplace Requirements, 10205-10209 2011-3217 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 10384-10385 2011-4132 2011-4136 Housing Housing and Urban Development Department NOTICES Annual Indexing of Basic Statutory Mortgage Limits for Multifamily Housing Programs, 10387-10388 2011-4146 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau International Trade Adm International Trade Administration NOTICES Antidumping and Countervailing Duty Administrative Reviews and Requests for Revocation in Part, Initiation, 10329-10335 2011-4203 Extension of Time Limit for Final Results of Antidumping Duty Administrative Review:

Fresh Garlic from People's Republic of China, 10335 2011-4190 Initiation of Antidumping Duty Changed-Circumstances Review: Ball Bearings and Parts Thereof from Germany, 10335-10336 2011-4189 Preliminary Results of the 2009-2010 Administrative Review of the Antidumping Duty Orders: Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, from the People's Republic of China, 10336-10337 2011-4169 Justice Department Justice Department See Drug Enforcement Administration NOTICES Lodging of Consent Decrees Pursuant to CERCLA United States v.

Beazer East, Inc. et al., 10390 2011-4076 Lodging of Proposed Consent Decree Pursuant to the Clean Water Act: United States v. Eastwood Construction, LLC, et al., 10390 2011-4077 Labor Department Labor Department See Employment and Training Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Disclosures to Workers under the Migrant and Seasonal Agricultural Worker Protection Act, 10393-10394 2011-4057 Proposed Quarterly Census of Employment and Wages Green Goods and Services Survey, 10392-10393 2011-4052 Land Land Management Bureau NOTICES Meetings:

North Slope Science Initiative - Science Technical Advisory Panel, 10388-10389 2011-4163 Proposed Reinstatement of Terminated Oil and Gas lease MTM 96122, 10389 2011-4125 Request for Nominations: New Mexico Albuquerque and Farmington District Resource Advisory Councils, 10389 2011-4123 Library Library of Congress See Copyright Office, Library of Congress Minority Business Minority Business Development Agency NOTICES Meetings: National Advisory Council on Minority Business Enterprises, 10337 2011-4069 Solicitations Of Nominations:

Membership to National Advisory Council on Minority Business Enterprise, 10337-10338 2011-4066 National Archives National Archives and Records Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 10406 2011-4256 Records Schedules; Availability, etc., 10406-10409 2011-4264 National Credit National Credit Union Administration RULES Corporate Credit Unions, 10209-10212 2011-4071 National Institute National Institutes of Health NOTICES Government-Owned Inventions;

Availability for Licensing, 10374-10379 2011-4168 2011-4170 2011-4171 Laboratory Animal Welfare: Proposed Adoption and Implementation of the Eighth Edition of the Guide for the Care and Use of Laboratory Animals, 10379-10380 2011-4172 Meetings: Center for Scientific Review, 10382-10383 2011-4177 Eunice Kennedy Shriver National Institute of Child Health and Human Development, 10382 2011-4179 National Cancer Institute, 10381 2011-4184 National Institute of Allergy and Infectious Diseases, 10383-10384 2011-4173 2011-4174 2011-4176 National Institute of General Medical Sciences, 10380-10381 2011-4186 2011-4187 National Institute of Mental Health, 10380 2011-4164 2011-4166 National Institute of Neurological Disorders and Stroke, 10381-10382 2011-4180 2011-4182 National Oceanic National Oceanic and Atmospheric Administration NOTICES Evaluation of State Coastal Management Programs and National Estuarine Research Reserves, 10338-10339 2011-4059 Navy Navy Department NOTICES Grant of Partially Exclusive Patent Licenses:

Dakota Technologies, Inc., 10341 2011-4194 Meetings: U.S. Naval Academy Board of Visitors, 10341-10342 2011-4104 Nuclear Regulatory Nuclear Regulatory Commission PROPOSED RULES AP1000 Design Certification Amendment, 10269-10288 2011-3989 NOTICES Directors Decisions: FirstEnergy Nuclear Operating Co., 10409-10410 2011-4147 Meetings; Sunshine Act, 10410 2011-4150 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 10410-10411 2011-4055 Rural Utilities Rural Utilities Service NOTICES Solicitation of Applications and Grant Application Deadlines, 10321-10327 2011-4137 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Electronic Data Collection System, 10411-10412 2011-4134 Self-Regulatory Organizations; Proposed Rule Changes: Chicago Board Options Exchange, 10412-10414 2011-4075 EDGA Exchange, Inc., 10416-10418 2011-4158 EDGX Exchange, Inc., 10414-10416 2011-4161 NASDAQ Stock Market, LLC, 10418-10420 2011-4117 Small Business Small Business Administration NOTICES Delegation of Authority, 10420-10421 2011-4122 State Department State Department PROPOSED RULES Amendment to the International Traffic in Arms Regulations:

Electronic Payment of Registration Fees, 10291-10295 2011-3878 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Biographical Questionnaire for U.S. Passport, 10421 2011-4154 Overseas Schools - Grant Request Automated Submissions Program, 10421-10422 2011-4156 Request for Grant Proposals: Youth Leadership Program with Sub-Saharan Africa, 10422-10428 2011-4202 Surface Transportation Surface Transportation Board NOTICES 2010 Railroad Cost of Capital, 10430 2011-4157 Temporary Trackage Rights Exemptions:

BNSF Railway Co.; Union Pacific Railroad Co., 10430-10431 2011-4105 Transportation Department Transportation Department See Federal Aviation Administration See Surface Transportation Board NOTICES Applications for Certificates of Public Convenience and Necessity and Foreign Air Carrier Permits, 10429 2011-4116 Treasury Treasury Department See Financial Crimes Enforcement Network U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Petition for Qualifying Family Member of a U-1 Nonimmigrant, 10387 2011-4127 Veteran Affairs Veterans Affairs Department RULES Updating Fire Safety Standards, 10246-10249 2011-3887 Separate Parts In This Issue Part II Agriculture Department, Food Safety and Inspection Service, 10434-10469 2011-3726 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. 76 37 Thursday, February 24, 2011 Rules and Regulations DEPARTMENT OF HOMELAND SECURITY 2 CFR Part 3001 Federal Emergency Management Agency 44 CFR Part 17 [Docket No. DHS-2010-0028] RIN 1601-AA62 Department of Homeland Security Implementation of OMB Guidance on Drug-Free Workplace Requirements AGENCY:

Department of Homeland Security (DHS). ACTION: Final rule. SUMMARY: The Department of Homeland Security

(DHS)is issuing a new regulation to adopt the Office of Management and Budget

(OMB)guidance codified at 2 CFR part 182. This new part is the Department's implementation of OMB's guidance and is consistent with OMB's initiative to streamline and consolidate all Federal regulations on drug-free workplace requirements for financial assistance into one title of the CFR. In doing so, the Department is also removing regulations implementing the Government-wide common rule on drug-free workplace requirements for financial assistance, currently located within Part 17 of Title 44 of the Code of Federal Regulations (CFR). DATES: This final rule is effective on March 28, 2011 without further notice. Submit comments by March 28, 2011 on any unintended changes this action makes in DHS policies and procedures for drug-free workplaces. All comments or unintended changes will be considered and, if warranted, DHS will revise the rule. ADDRESSES: You may submit comments, identified by the docket number to this rulemaking, by any of the following methods: • *Federal eRulemaking Portal:* *http://www.regulations.gov.* Follow the instructions for submitting comments. • *Mail:* [TBA], Department of Homeland Security, 245 Murray Lane, SW., Bldg. 410-Room 3514-11, Washington, DC 20528-0001. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call Ms. Cara Whitehead, Office of the Chief Financial Officer, Financial Assistance Policy & Oversight, telephone 202-447-0338. SUPPLEMENTARY INFORMATION: Public Participation and Request for Comments 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 44 CFR part 17. All comments received will be posted, without change, to *http://www.regulations.gov* and will include any personal information you have provided. A. Submitting Comments If you submit a comment, please include the docket number for this rulemaking (DHS-2010-0028), indicate the specific section of this document to which each comment applies, and give the reason for each comment. We recommend that you include your name and a mailing address, an e-mail address, or a phone number in the body of your document so that we can contact you if we have questions regarding your submission. You may submit your comments and material by electronic means or mail at the address under ADDRESSES ; but please submit your comment and material by only one means. If you submit them by mail or delivery, submit them in an unbound format, no larger than 8 1/2 by 11 inches, suitable for copying and electronic filing. We will consider all comments and material received during the comment period. We may change this rule in view of them. B. Viewing Documents To view documents mentioned in this preamble as being available in the docket, go to *http://www.regulations.gov* at any time. Enter the docket number for this rulemaking (DHS-2010-0028) in the Search box, and click “Go >> .” Individuals without internet access can make alternate arrangement for viewing comments and documents related to this rulemaking by contacting DHS at the FOR FURTHER INFORMATION CONTACT information above. Table of Contents for Preamble I. Abbreviations II. Background and Purpose A. OMB Guidance for Drug-Free Workplace Requirements B. Regulatory History III. Discussion of the Rule A. Differences Between OMB Guidance and the Common Rule B. DHS Additions to the OMB Guidance IV. Regulatory Analyses A. Regulatory Planning and Review B. Small Entities C. Unfunded Mandates Act of 1995 D. Collection of Information E. Federalism F. Environmental Analysis I. Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR **Federal Register** FEMA Federal Emergency Management Agency OMB Office of Management and Budget U.S.C. United States Code II. Background and Purpose A. OMB Guidance for Drug-Free Workplace Requirements 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 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. Like many other agencies, the Federal Emergency Management Agency

(FEMA)adopted the common rule in 1990 (55 FR 21702, May 25, 1990). FEMA participated in the 2002 proposal to revise the drug-free workplace common rule; as a result of FEMA's transfer to the newly-established DHS in 2003; however, neither FEMA nor DHS participated in the 2003 multi-agency finalization of that revision. Since its creation in 2003, DHS has been using the FEMA common rule to administer drug-free workplace requirements. When OMB 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) Government-wide 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) 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, which the agency previously issued in its own CFR title, with a brief regulation in Title 2 of the 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 co-locates OMB's guidance and all of the agencies' implementing regulations in Title 2 of the CFR. B. Regulatory History Under 5 U.S.C. 553(a), agencies need not publish an NPRM in the **Federal Register** if the subject matter concerns grants, loans, benefits, or contracts. This rule concerns grants and cooperative agreements, and therefore does not require an NPRM. In addition, DHS finds that good cause exists for not publishing an NPRM, because publication would be unnecessary. As described in the “Background” section of this preamble, the policies and procedures in this regulation have twice been proposed for comment—once 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. In addition, this final rule is an administrative clarification that would make no substantive change to existing DHS policy for drug-free workplaces. For these reasons, under 5 U.S.C. 553(b)(B) we find that public notice and comment are unnecessary. III. Discussion of the Rule As the OMB guidance directs, DHS is taking two regulatory actions. First, we are removing the drug-free workplace common rule located at 44 CFR part 17. Second, to replace the common rule, we are issuing a brief regulation in 2 CFR part 3001 to adopt the Government-wide policies and procedures found in the OMB guidance. As directed by the OMB guidance, this rule adds to the adopted guidance certain additional information specific to DHS. A. Differences Between OMB Guidance and the Common Rule This DHS adoption of the OMB guidance, with additional information provided in 2 CFR part 3001, replaces the existing drug-free workplace common rule located at 44 CFR part 17. Adopting the OMB guidance in place of the common rule will not substantively change the drug-free workplace requirements placed on award recipients. The OMB guidance uses slightly different terminology and organization. For example, as compared to the common rule, OMB's text replaces most instances of the terms “grant” and “grantee” with the terms “award” and “recipient,” respectively. The OMB guidance defines the new terms “award” and “grant” more narrowly to mean a type of award. The OMB guidance also defines “recipient” using language substantively similar to the common rule's definition of “person”; in the OMB guidance, “person” is no longer a defined term. The OMB guidance reorganizes the drug-free workplace requirements, separating and clearly labeling the requirements for recipients who are individuals, recipients other than individuals, and Federal agencies. Adopting these Government-wide terms and the new organizational structure will make DHS drug-free workplace requirements clearer and easier to use. The most notable change from the common rule is the removal of procedures by which a recipient “certifies” to the agency that it will comply with drug-free workplace requirements. Recipients are still required to comply with drug-free workplace requirements, but the requirement appears in regulation and in the terms and conditions of the award, rather than in a separate certification. As a result of this change, the common rule's provisions regarding certification will not appear in this rule. B. DHS Additions to the OMB Guidance The OMB guidance directs agencies to state whether the agency has a central point to which recipients may send the notification of a conviction, and indicate which agency official is authorized to determine whether recipients have violated drug-free workplace requirements. Accordingly, in adopting the OMB guidance we have added language at 2 CFR 3001.225 and 3001.300 indicating that a recipient required to report a conviction for a criminal drug offense should notify the DHS Office of Inspector General and each DHS office from which the recipient currently has an award. Similarly, we have added language at §§ 3001.500 and 3001.505 indicating that the Secretary of Homeland Security or his or her official designee is authorized to determine that a recipient is in violation of the requirements of 2 CFR part 182 as implemented by this rule. The OMB guidance at 2 CFR 182.510 discusses the consequences of a violation. We added 2 CFR 3001.510 to clarify that DHS will take one or more of the listed actions, and that any suspension or debarment of the recipient would occur under 2 CFR part 3000 as well as 2 CFR part 180. IV. Regulatory Analyses A. Regulatory Planning and Review This final rule is not a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of that Order. The Office of Management and Budget has not reviewed it under that Order. This action will impose no additional costs. As explained in the Background and Purpose and Discussion of the Rule, this final rule is an administrative clarification that will make no substantive change to existing DHS policy for drug-free workplaces. This rule merely transfers existing FEMA regulations with some minor non-substantive changes. B. Small Entities Section 605 of the Regulatory Flexibility Act, 5 U.S.C. 605(b), as amended by the Small Business Regulatory Enforcement and Fairness Act of 1996, requires agencies to review rules to determine if they have “a significant economic impact on a substantial number of small entities.” A regulatory flexibility analysis is not required when a rule is exempt from notice and comment rulemaking provided for by 5 U.S.C. 553(b). DHS has determined that this rule is exempt from notice and comment rulemaking pursuant to 5 U.S.C. 553(a)(2) and (b)(B); therefore, a regulatory flexibility analysis is not required for this rule. C. Unfunded Mandates Act of 1995 The Unfunded Mandates Act of 1995 (Pub. L. 104-4) requires agencies to prepare several analytic statements before proposing any rule that may result in annual expenditures of $100 million by State, local, Indian Tribal governments, or the private sector. Because this rule will not result in expenditures of this magnitude, a written statement is not required. D. Paperwork Reduction Act This rule will not impose additional reporting or recordkeeping requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). Reporting and recordkeeping requirements in 2 CFR part 3001 are those required by the OMB Guidance for Drug-Free Workplace Requirements and have already been cleared by OMB. E. Federalism This rule will not have substantial direct effects on the States, on the relationship between the Federal government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, in accordance with Section 6 of Executive Order 13132, DHS has determined that this rule does not have sufficient federalism implications to warrant the preparation of a federalism summary impact statement. F. Environmental Analysis DHS has analyzed this rule under Department of Homeland Security Management Directive 023-01, which guides the Department in complying with the National Environmental Policy Act of 1969

(NEPA)(42 U.S.C. 4321-4370f), and has made a determination that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule is categorically excluded under Categorical Exclusion A3, Table 1 of Appendix A, of the Directive. List of Subjects 2 CFR Part 3001 Administrative practice and procedure, Drug abuse, Grant programs, Reporting and recordkeeping requirements. 44 CFR Part 17 Administrative practice and procedure, Drug abuse, Grant programs, Loan programs, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, under the authority of 5 U.S.C. 301 and 41 U.S.C. 701 *et seq.,* the Department of Homeland Security amends the Code of Federal Regulations, Title 2, Subtitle B, chapter XXX, and Title 44, chapter I, part 17, as follows: TITLE 2—GRANTS AND AGREEMENTS 1. Add part 3001 in Subtitle B, Chapter XXX, to read as follows: PART 3001—REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) Sec. 3001.10 What does this part do? 3001.20 Does this part apply to me? 3001.30 What policies and procedures must I follow? Subpart A—Purpose and Coverage [Reserved] Subpart B—Requirements for Recipients Other Than Individuals 3001.225 Who in DHS does a recipient other than an individual notify about a criminal drug conviction? Subpart C—Requirements for Recipients Who Are Individuals 3001.300 Who in DHS does a recipient who is an individual notify about a criminal drug conviction? Subpart D—Responsibilities of Agency Awarding Officials 3001.400 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 3001.500 Who in DHS determines that a recipient other than an individual violated the requirements of this part? 3001.505 Who in DHS determines that a recipient who is an individual violated the requirements of this part? 3001.510 What actions will the Federal Government take against a recipient determined to have violated this part? Subpart F—Definitions 3001.605 Award. 3001.661 Reimbursable Agreement. Authority: 5 U.S.C. 301; 41 U.S.C. 701-707; OMB Guidance for Drug-Free Workplace Requirements, codified at 2 CFR part 182. § 3001.10 What does this part do? This part requires that the award and administration of Department of Homeland Security

(DHS)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, as supplemented by this part (Subparts A through F of 2 CFR part 182) for DHS's grants and cooperative agreements; and

(b)Establishes DHS policies and procedures, as supplemented by this part, 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. § 3001.20 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 DHS grant or cooperative agreement; or

(b)DHS awarding official. § 3001.30 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.* This part supplements the OMB guidance in 2 CFR part 182 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 2 CFR 182.225(a) § 3001.225 Who in DHS 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 CFR 182.300(b) § 3001.300 Who in DHS 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. 2 CFR 182.400 § 3001.400 What method do I use as an agency awarding official to obtain a recipient's agreement to comply with the OMB guidance. 2 CFR 182.500 § 3001.500 Who in DHS 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. 2 CFR 182.505 § 3001.505 Who in DHS 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. 2 CFR 182.510 § 3001.510 What actions the Federal Government will take against a recipient determined to have violated 2 CFR part 182, as implemented by this part. 2 CFR 182.605 § 3001.605 What types of assistance are included in the definition of “award.” None § 3001.661 What types of assistance are included in the definition of “reimbursable agreement.”

(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, DHS 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 § 3001.225 Who in DHS 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 DHS Office of Inspector General and each DHS office from which the recipient currently has an award. Subpart C—Requirements for Recipients Who Are Individuals § 3001.300 Who in DHS 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 DHS Office of Inspector General and each DHS office from which the recipient currently has an award. Subpart D—Responsibilities of Agency Awarding Officials § 3001.400 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 3001, which adopts the Government-wide 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 § 3001.500 Who in DHS determines that a recipient other than an individual violated the requirements of this part? The Secretary of Homeland Security, or his or her official designee, will make the determination that a recipient other than an individual violated the requirements of this part. § 3001.505 Who in DHS determines that a recipient who is an individual violated the requirements of this part? The Secretary of Homeland Security, or his or her official designee, will make the determination that a recipient who is an individual violated the requirements of this part. § 3001.510 What actions will the Federal Government take against a recipient determined to have violated this part? If a recipient is determined to have violated 2 CFR part 182, as implemented by this part, the agency will 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 and 2 CFR part 3000, for a period not to exceed five years. Subpart F—Definitions § 3001.605 Award. *Award* means an award of financial assistance by a Federal agency directly to a recipient.

(a)The term award includes:

(1)A Federal grant, cooperative agreement or reimbursable 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 2 CFR part 182 and specifies uniform administrative requirements.

(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).

(8)Other Transactional Authority Award. § 3001.661 Reimbursable Agreement. *Reimbursable Agreement* means an award in which the recipient is reimbursed for expenditures only, and is not eligible for advance payments. TITLE 44—EMERGENCY MANAGEMENT AND ASSISTANCE CHAPTER I PART 17—[REMOVED] 2. Remove part 17. Dated: February 4, 2011. Lluana McCann, Director, Division of Financial Assistance Policy and Oversight, Office of the Chief Financial Officer, Department of Homeland Security. [FR Doc. 2011-3217 Filed 2-23-11; 8:45 am]

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