Unknown. Final rule

4,514 words·~21 min read·/register/2011/07/28/2011-19129·

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-2011-07-28.xml --- 76 145 Thursday, July 28, 2011 Contents Advisory Council on Historic Preservation See Historic Preservation, Advisory Council Agriculture Agriculture Department See Foreign Agricultural Service See Forest Service NOTICES Meetings: Advisory Committee on Minority Farmers, 45221 2011-19172 Army Army Department NOTICES Privacy Act; Systems of Records; Correction, 45234 2011-19091 Bureau of Consumer Financial Protection RULES Disclosure of Records and Information, 45372-45394 2011-19038 Rules of Practice for Adjudication Proceedings, 45338-45369 2011-19032 Rules Relating to Investigations, 45168-45174 2011-19035 State Official Notification Rules, 45174-45177 2011-19034 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 45256-45258 2011-19107 2011-19109 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 45258-45259 2011-19108 2011-19104 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office Consumer Product Consumer Product Safety Commission NOTICES Meetings; Sunshine Act, 45233-45234 2011-19232 2011-19233 Corporation Corporation for National and Community Service NOTICES Agency Information Collection Activities:

Annual Grantee Progress Report, 45234 2011-19059 Defense Department Defense Department See Army Department See Navy Department Department of Transportation See Pipeline and Hazardous Materials Safety Administration Education Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 45235-45236 2011-19128 Meetings: Advisory Commission on Accessible Instructional Materials in Postsecondary Education for Students with Disabilities, 45236-45237 2011-19133 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency RULES Deferment of Sanctions:

California; San Joaquin Valley Unified Air Pollution Control District, 45199-45200 2011-18992 PROPOSED RULES Revisions to State Implementation Plans: California; San Joaquin Valley Unified Air Pollution Control District, 45212-45215 2011-18991 NOTICES Meetings: Mid-Atlantic/Northeast Visibility Union Executive Board, 45253 2011-19137 Public Water Supply Supervision Program: Program Revision for State of Alaska, 45253-45254 2011-19123 Executive Office of the President See Management and Budget Office See Presidential Documents Federal Aviation Federal Aviation Administration RULES Establishments of Class E Airspace:

Kayenta, AZ, 45177-45178 2011-18944 Nephi, UT, 45177 2011-18953 Modifications of Class D and E Airspace: Fort Huachuca, AZ, 45178-45179 2011-18947 Modifications of Class E Airspace: Alturas, CA, 45180-45181 2011-18949 Glasgow, MT, 45179-45180 2011-18946 PROPOSED RULES Airworthiness Directives: Honeywell International Inc. TPE331-10 and TPE331-11 Series Turboprop Engines; Withdrawal, 45211-45212 2011-19048 NOTICES Environmental Assessments; Availability, etc.: Air Tour Management Plan Program at Golden Gate National Recreation Area, et al., 45312 2011-19050 Petitions for Waivers and Other Relief, 45313-45332 2011-18939 Federal Election Federal Election Commission NOTICES Meetings;

Sunshine Act, 45254 2011-19297 Federal Emergency Federal Emergency Management Agency RULES Suspension of Community Eligibility, 45200-45203 2011-19044 PROPOSED RULES Flood Elevation Determinations; Correction, 45215-45217 2011-19042 NOTICES National Flood Insurance Program: Assistance to Private Sector Property Insurers, Availability of FY2012 Arrangement, 45281 2011-19043 Federal Energy Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 45237-45239 2011-19075 Applications:

Morrisville Village, Vermont, 45241 2011-19080 National Fuel Gas Supply Corp., 45240 2011-19082 PPL Holtwood, LLC, 45239-45240 2011-19073 Combined Filings, 45241-45246 2011-19068 2011-19079 2011-19083 2011-19088 2011-19089 Complaints: Tesoro Refining and Marketing Co. v. SFPP, L.P., 45246-45247 2011-19076 2011-19077 Filings: Louisiana Public Service Commission, et al. v. Entergy Corp., 45247-45248 2011-19081 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations:

CSOLAR IV South, LLC, 45248 2011-18445 Meetings: Jennings Randolph Project, Fairlawn Hydroelectric Co., LLC, 45249 2011-19085 PJM Interconnection, L.L.C., et al.; Staff Technical Conference, 45248-45249 2011-19086 PJM Interconnection, LLC; Staff Technical Conference, 45249-45250 2011-19087 Petitions for Waivers: Elk River Municipal Utilities, 45250 2011-19069 Preliminary Permit Applications: Reliable Storage 1 LLC, 45251-45253 2011-19070 2011-19071 2011-19072 2011-19074 Requests under Blanket Authorizations:

Tennessee Gas Pipeline Co., 45253 2011-19078 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies; Correction, 45254 2011-19099 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Current Good Manufacturing Practices and Related Regulations for Blood and Blood Components, etc., 45262-45267 2011-19040 Guidance for Industry; Fast Track Drug Development Programs;

Designation, Development, and Application Review, 45261-45262 2011-19138 Substances Prohibited From Use in Animal Food or Feed, 45259-45261 2011-19139 Determination that Drug Products Were Not Withdrawn From Sale for Reasons of Safety or Effectiveness: INVERSINE (Mecamylamine Hydrochloride) Tablet, etc., 45267 2011-19110 Meetings: Center for Drug Evaluation and Research, Approach to Addressing Drug Shortage; Public Workshop, 45268 2011-19031 Review and Qualification of Clinical Outcome Assessments;

Public Workshop, 45271-45272 2011-19140 Reprocessing of Reusable Medical Devices, 45268-45269 2011-19098 Statement of Organization, Functions, and Delegations of Authority, 45270-45271 2011-19111 Foreign Agricultural Foreign Agricultural Service NOTICES Funding Availabilities: Food for Progress Program, 45221-45223 2011-19141 McGovern-Dole International Food for Education and Child Nutrition Program, 45223-45225 2011-19135 Forest Forest Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Airplane Pilot Qualifications and Approval Record, etc., 45225-45226 2011-19047 Meetings: Allegheny Resource Advisory Committee, 45227 2011-19095 Lynn Canal / Icy Straits Resource Advisory Committee, 45226 2011-19063 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Children and Families Administration See Food and Drug Administration See Indian Health Service NOTICES Report on Usefulness and Limitations of Murine Local Lymph Node Assay, etc.;

Availability, 45254-45256 2011-18639 Historic Historic Preservation, Advisory Council NOTICES Meetings: Quarterly Business, 45280-45281 2011-18895 Homeland Homeland Security Department See Federal Emergency Management Agency Housing Housing and Urban Development Department RULES Implementation of Office of Management and Budget Guidance on Drug-Free Workplace Requirements, 45165-45168 2011-19129 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Public Housing Admissions/Occupancy Policies, 45281-45282 2011-19119 Funding Awards: HUD-Veterans Affairs Supportive Housing Program for Fiscal Year 2010, 45282-45291 2011-19117 Indian Affairs Indian Affairs Bureau RULES Indian Trust Management Reform, 45198-45199 2011-19060 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Advisory Board for Exceptional Children, 45292 2011-19061 Certificate of Degree of Indian or Alaska Native Blood, 45291 2011-19062 Indian Health Indian Health Service NOTICES Office of Direct Service and Contracting Tribes Funding Opportunity, 45272-45280 2011-19144 Interior Interior Department See Indian Affairs Bureau See Land Management Bureau RULES Indian Trust Management Reform, 45198-45199 2011-19060 International Trade Adm International Trade Administration NOTICES Antidumping and Countervailing Duty Administrative Reviews, 45227-45230 2011-19136 Extension of Time Limit for the Final Results of New Shipper Reviews:

Fresh Garlic from the People's Republic of China, 45230 2011-19134 International Trade Com International Trade Commission NOTICES Complaints, 45293-45295 2011-19014 2011-19100 Investigations: Certain Flat Panel Display Devices, and Products Containing Same, 45296-45297 2011-19013 Certain Static Random Access Memories and Products Containing Same, 45295-45296 2011-19012 Justice Department Justice Department NOTICES Certifications of Attorney General: Panola County, MS, 45297 2011-19033 Labor Department Labor Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Design of Excavation Cave-in Protection Systems, 45297-45298 2011-19015 Equal Access to Justice Act, 45298-45299 2011-19016 Quarterly Census of Employment and Wages, 45298 2011-19046 Land Land Management Bureau NOTICES Filings of Plats of Surveys: Eastern States, 45292-45293 2011-19057 2011-19058 Management Management and Budget Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 45299-45300 2011-19120 National Oceanic National Oceanic and Atmospheric Administration PROPOSED RULES Fisheries of Exclusive Economic Zone Off Alaska:

Bering Sea and Aleutian Islands Management Area; Limited Access Privilege Program, 45219-45220 2011-19126 Central Gulf of Alaska Rockfish Program; Amendment 88, 45217-45219 2011-19125 NOTICES Applications: Endangered Species; File No. 15802, 45230-45231 2011-19122 Fisheries of the Caribbean; Southeastern Data, Assessment, and Review: Caribbean Silk Snapper, Queen Snapper, and Redtail Parrotfish; Assessment Webinars, 45231 2011-19112 Meetings: Mid-Atlantic Fishery Management Council, 45232 2011-19045 Permit Applications:

Marine Mammals; File No. 16443, 45232-45233 2011-19124 Navy Navy Department NOTICES Meetings: Board of Advisors to the Presidents of the Naval Postgraduate School and the Naval War College, 45235 2011-19055 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Issuance of Materials Licenses: Uranerz Energy Corp., Nichols Ranch In Situ Recovery Project, 45300-45301 2011-19097 Renewed Facility Operating Licenses: PSEG Nuclear, LLC; Hope Creek Generating Station, 45301 2011-19096 Office of Management and Budget See Management and Budget Office Patent Patent and Trademark Office NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 45233 2011-19056 Personnel Personnel Management Office PROPOSED RULES Evacuation Pay and the Separate Maintenance Allowance at Johnston Island, 45205-45208 2011-18975 Noncompetitive Appointment of Certain Former Overseas Employees, 45204-45205 2011-18971 Use of Appropriated Funds for Child Care Costs for Lower Income Employees, 45208-45211 2011-18976 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Applications for Modifications of Special Permits, 45332-45333 2011-18839 Applications for Special Permits, 45333-45334 2011-18837 Postal Regulatory Postal Regulatory Commission NOTICES Post Office Closings, 45301-45303 2011-19106 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances:

Anniversary of the Americans With Disabilities Act (Proc. 8694), 45163-45164 2011-19285 Research Innovative Research and Innovative Technology Administration NOTICES Request for Information: Innovative Techniques for Delivering ITS Learning, 45334-45335 2011-19090 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 45303 2011-19053 2011-19054 Applications: ING Asia Pacific High Dividend Equity Income Fund, et al., 45303-45308 2011-19052 Meetings;

Sunshine Act, 45308 2011-19181 Self-Regulatory Organizations; Proposed Rule Changes: Depository Trust Co., 45309 C1--2011--17957 The NASDAQ Stock Market LLC, 45308-45309 2011-19051 Small Business Small Business Administration NOTICES Disaster Declarations: Tennessee, 45309 2011-19161 Social Social Security Administration RULES Revisions to Direct Fee Payment Rules, 45184-45195 2011-19026 NOTICES Procedures for Handling Requests to File Subsequent Applications for Disability Benefits, 45309-45311 2011-19103 State Department State Department RULES International Traffic in Arms Regulations:

Electronic Payment of Registration Fees, 45195-45198 2011-19115 NOTICES Meetings: International Joint Commission Hearings, Binational Management of Lake of the Woods and Rainy River Watershed, 45311-45312 2011-19113 Transportation Department Transportation Department See Federal Aviation Administration See Pipeline and Hazardous Materials Safety Administration See Research and Innovative Technology Administration RULES Enhancing Airline Passenger Protections: Limited Delay of Effective Date for Certain Provisions, 45181-45184 2011-18903 Treasury Treasury Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 45335-45336 2011-19019 Privacy Act; Systems of Records, 45336 2011-19121 Separate Parts In This Issue Part II Bureau of Consumer Financial Protection, 45338-45369 2011-19032 Part III Bureau of Consumer Financial Protection, 45372-45394 2011-19038 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. 76 145 Thursday, July 28, 2011 Rules and Regulations DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 2 CFR Part 2429 24 CFR Parts 5, 21, 84, 1000 [Docket No.

FR-5471-F-01] RIN 2501-AD54 Implementation of Office of Management and Budget Guidance on Drug-Free Workplace Requirements AGENCY: Office of the Secretary, HUD. ACTION: Final rule. SUMMARY: HUD is moving its regulation implementing the governmentwide common rule on drug-free workplace requirements for financial assistance from one title in the Code of Federal Regulations

(CFR)to another title. This relocation of the requirements from one CFR title to another responds to directions from the Office of Management and Budget

(OMB)to all federal agencies to consolidate into one CFR title all federal regulations on drug-free workplace requirements for financial assistance. These changes constitute an administrative simplification and make no substantive change in HUD policy or procedures for drug-free workplace. DATES: *Effective Date:* August 29, 2011. FOR FURTHER INFORMATION CONTACT: Barbara Dorf, Director, Office of Departmental Grants Management and Oversight, Office of the Chief of the Human Capital Officer, Department of Housing and Urban Development, 451 7th Street, SW., Room 3156, Washington, DC 20410-0500, telephone number 202-708-0667. (This is not a toll-free number). Persons with hearing or speech impairments may access this number through TTY by calling the toll-free Federal Relay Service at 800-877-8339. SUPPLEMENTARY INFORMATION: I. Background The Drug-Free Workplace Act of 1988 (Pub. L. 100-690, Title V, Subtitle D) (41 U.S.C. 701 *et seq.* ) (the Act) was enacted on November 18, 1988, as part of the 1988 Omnibus Drug Act. The Act requires that recipients of grants and parties to cooperative agreements provide a drug-free workplace. On January 31, 1989 (53 FR 4946), the federal agencies issued an interim final common rule to implement the Act as it applies to grants. On May 25, 1990 (55 FR 21681), after considering public comment, the federal agencies issued a final common rule. On January 23, 2002 (67 FR 3266), the federal agencies proposed substantive changes to the governmentwide Debarment and Suspension (Nonprocurement) and governmentwide Requirements for Drug-Free Workplace (Grants) common rule. HUD did not join in the January 23, 2002, publication, but proposed adopting the common rule amendments by separate rule, that was published on July 22, 2002 (67 FR 48006). On November 26, 2003 (68 FR 66534), after considering public comment on the January 23, 2002, common rule and, after HUD considered public comment on its July 22, 2002, proposed rule, the federal agencies, including HUD, published a final rule that updated the common rule on drug-free workplace requirements. Each agency at that time also relocated its drug-free workplace common rule to its own CFR part and removed the drug-free workplace rule from a subpart in the debarment and suspension common rule. HUD's drug-free workplace common rule was moved to 24 CFR part 21. On May 11, 2004 (69 FR 26276), OMB established Title 2 of the CFR as the new, central location for OMB guidance and agency implementing regulations concerning grants and cooperative agreements. With the establishment of Title 2 of the CFR, OMB announced its intention to replace agencies' common rules with a single set of drug-free workplace requirements, policies, and procedures, referred to as OMB guidance. Through this approach, rather than have each agency issue identical or nearly identical rules based on the common rule, agencies would adopt the OMB guidance through brief regulations that reference the agencies' adoption of the guidance. The establishment of Title 2 of the CFR is intended to assist recipients that do business with multiple federal agencies by creating one title in which recipients can find the agencies' regulations implementing governmentwide requirements governing grants and cooperative agreements that were previously published under many separate CFR titles. OMB began the process of replacing common rules with its guidance by proposing, and later finalizing, governmentwide guidance on nonprocurement suspension and debarment enforcement actions in 2 CFR part 180. On September 26, 2008 (73 FR 55776), OMB proposed guidance for drug-free workplace requirements in a new CFR part—2 CFR part 182. In addition to proposing the guidance for drug-free workplace requirements, OMB also proposed the format and organizational structure of the requirements that agencies should adopt. The guidance was issued in final form on June 15, 2009 (74 FR 28149). The final guidance directs that each federal agency replace the common rule on drug-free workplace requirements, which the agency previously issued in its own CFR title, with a brief regulation in 2 CFR adopting the governmentwide drug-free workplace policies and procedures. II. This Final Rule As the OMB guidance requires, HUD is taking two regulatory actions by this final rule. First, HUD is removing the OMB common rule on drug-free workplace requirements which includes some revisions particular to HUD that are currently codified at 24 CFR part 21. Second, to replace the common rule, HUD is promulgating a new regulation at 2 CFR part 2429 to adopt the governmentwide policies and procedures on drug-free workplaces that are now in the OMB guidance. This rule does not make any substantive changes in the governmentwide drug-free workplace policies and procedures, but rather simply relocates HUD's drug-free workplace requirements to a central location in 2 CFR 2429, and highlights the commonality of these requirements among federal agencies by cross-referencing to OMB's guidance. III. Findings and Certifications Justification for Final Rule HUD generally publishes regulatory changes for public comment before issuing them for effect, in accordance with its own regulations on rulemaking in 24 CFR part 10. HUD does provide, however, in § 10.1 for exceptions from that general rule where the Department finds good cause to omit advance notice and public participation. The good cause requirement is satisfied when the prior public procedure is “impracticable, unnecessary, or contrary to the public interest.” In this case, the Department finds that delaying the effective date of this rule in order to solicit prior public comment is unnecessary. As described in the “Background” section of this preamble, this rule is directed to a CFR “housekeeping” matter which is moving HUD's governmentwide regulations applicable to drug-free workplace requirements to a new title in the CFR and in streamlined form, as directed by OMB. This rule makes no substantive changes to the drug-free workplace policies and procedures, as currently codified in regulation, and which have been proposed for comment three times and adopted after resolution of the comments received. Since no substantive changes are made by this rule, and the rule would not affect current application and enforcement of drug-free workplace requirements, no public comment is necessary. Executive Order 12866, Regulatory Planning and Review This rule is not a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review, and it was not reviewed by OMB. The rule responds to OMB's streamlining direction with respect to drug-free workplace requirements for federal financial assistance, and adds HUD's requirements to those of other federal agencies that are consolidated in one title of the CFR. This rule is solely an administrative simplification that Regulatory Flexibility Act The Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ) generally requires an agency to conduct a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements, unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. Because no advance notice of proposed rulemaking is required pursuant to 5 U.S.C. 553(b) for this rule, which moves a set of regulations, without change, from one CFR title to another, the provisions of the Regulatory Flexibility Act do not apply. Environmental Impact This rule is categorically excluded from environmental review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321) and HUD regulations at 24 CFR 50.19(c)(1). Executive Order 13132, Federalism Executive Order 13132 (entitled “Federalism”) prohibits an agency from publishing any rule that has federalism implications if the rule imposes substantial direct compliance costs on state and local governments and is not required by statute, or the rule preempts state law, unless the agency meets the relevant requirements of section 6 of the Executive Order. This final rule does not have federalism implications and does not impose substantial direct compliance costs on state and local governments or preempt state law within the meaning of the Executive Order. Unfunded Mandates Reform Act Title II of the Unfunded Mandates Reform Act of 1995

(UMRA)(12 U.S.C. 1531-1538) establishes requirements for federal agencies to assess the effects of their regulatory actions on state, local, and tribal governments, and on the private sector. This final rule would not impose any federal mandates on any state, local, or tribal governments, or on the private sector, within the meaning of UMRA. List of Subjects 2 CFR Part 2429 Administrative practice and procedure, Drug abuse, Grant programs, Loan programs, Reporting and recordkeeping requirements. 24 CFR Part 5 Administrative practice and procedure, Aged, Claims, Crime, Government contracts, Grant programs—housing and community development, Individuals with disabilities, Intergovernmental relations, Loan programs—housing and community development, Low and moderate income housing, Mortgage insurance, Penalties, Pets, Public housing, Rent subsidies, Reporting and recordkeeping requirements, Social Security, Unemployment compensation, Wages. 24 CFR Part 21 Administrative practice and procedure, Drug abuse, Grant programs, Loan programs, Reporting and recordkeeping requirements. 24 CFR Part 84 Accounting, Colleges and universities, Grant programs, Hospitals, Non-profit organizations, Reporting and recordkeeping requirements. 24 CFR Part 1000 Aged, Community development block grants, Grant programs—housing and community development, Grant programs—Indians, Indians, Individuals with disabilities, Public housing, Reporting and recordkeeping requirements. Accordingly, for the reasons described in the preamble, and under the authority of 5 U.S.C. 301, HUD amends the Code of Federal Regulation, Title 2, Subtitle B, chapter XXIV, and Title 24 CFR parts 5, 21, 84 and 1000, as follows: Title 2—Grants and Agreements 1. Add new part 2429 in Subtitle B, Chapter XXIV, to read as follows: PART 2429—REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) Sec. 2429.10 What does this part do? 2429.20 Does this part apply to me? 2429.30 What policies and procedures must I follow? Subpart A—[Reserved] Subpart B—Requirements for Recipients Other Than Individuals 2429.225 Whom in HUD does a recipient other than an individual notify about a criminal drug conviction? Subpart C—Requirements for Recipients Who Are Individuals 2429.300 Whom in HUD does a recipient who is an individual notify about a criminal drug conviction? Subpart D—Responsibilities of Agency Awarding Officials 2429.400 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 2429.500 Who in HUD determines that a recipient other than an individual violated the requirements of this part? 2429.505 Who in HUD determines that a recipient who is an individual violated the requirements of this part? Subpart F—[Reserved] Authority: 41 U.S.C. 701-707; 42 U.S.C. 3535(d). § 2429.10 What does this part do? This part requires that the award and administration of HUD 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) (referred to as the Act in this part) that applies to grants. This part:

(a)Gives regulatory effect to the OMB guidance (Subparts A through F of 2 CFR part 182) for HUD grants and cooperative agreements; and

(b)Establishes HUD 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. § 2429.20 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 HUD grant or cooperative agreement; or

(b)HUD awarding official. § 2429.30 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 of 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) § 2429.225 Whom in HUD must a recipient other than an individual notify if an employee is convicted for a violation of a criminal drug statute in the workplace?

(2)2 CFR 182.300(b) § 2429.300 Whom in HUD must a recipient who is an individual 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 § 2429.500 Who in HUD 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 § 2429.505 Who in HUD 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, HUD policies and procedures are the same as those in the OMB guidance. Subpart A—[Reserved] Subpart B—Requirements for Recipients Other Than Individuals § 2429.225 Whom in HUD does a recipient other than an individual notify about a criminal conviction? A recipient other than an individual who is required under 2 CFR 182.225(a) to notify Federal agencies about an employee's conviction for a criminal drug offense must notify each HUD office with which it currently has an award. Subpart C—Requirements for Recipients Who Are Individuals § 2429.300 Whom in HUD does a recipient who is an individual notify about a criminal conviction? A recipient who is an individual and is required under 2 CFR 182.300(b) to notify Federal agencies about a conviction for a criminal drug offense must notify each HUD office with which he or she currently has an award. Subpart D—Responsibilities of Agency Awarding Officials § 2429.400 What method do I use as an agency awarding official to obtain a recipient's agreement to comply with the OMB guidance? To obtain a recipient's agreement to comply with applicable requirements in the OMB guidance at 2 CFR part 182, you must include the following term or condition in the award: *Drug-free workplace.* You as the recipient must comply with drug-free workplace requirements in Subpart B (or Subpart C, if the recipient is an individual) of part 2429, which adopts the governmentwide implementation (2 CFR part 182) of 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 E—Violations of This Part and Consequences § 2429.500 Who in HUD determines that a recipient other than an individual violated the requirements of this part? The Secretary or designee is the official authorized to make the determination under 2 CFR 182.500. § 2429.505 Who in HUD determines that a recipient who is an individual violated the requirements of this part? The Secretary or designee is the official authorized to make the determination under 2 CFR 182.505. Subpart F—[Reserved] Title 24—Housing and Urban Development PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS 2. The authority citation for part 5 continues to read as follows: Authority: 42 U.S.C. 1437a, 1437c, 1437d, 1437f, 1437n, 3535(d). 3. Revise § 5.105(d) to read as follows: § 5.105 Other Federal requirements.

(d)*Drug-free workplace.* The Drug-Free Workplace Act of 1988 (41 U.S.C. 701, *et seq.* ) and HUD's implementing regulations at 2 CFR part 2429. PART 21—[REMOVED] 5. Remove Part 21. PART 84—UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND AGREEMENTS WITH INSTITUTIONS OF HIGHER EDUCATION, HOSPITALS, AND OTHER NON-PROFIT ORGANIZATIONS The authority citation for part 84 continues to read as follows: Authority: 42 U.S.C. 3535(d). 7. Revise § 84.13(b) to read as follows: § 84.13 Debarment and suspension; Drug-Free Workplace.

(b)Recipients and subrecipients shall comply with the requirements of the Drug-Free Workplace Act of 1988 (41 U.S.C. 701, *et seq.* ), as set forth at 2 CFR part 2429. PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES The authority citation for part 1000 continues to read as follows: Authority: 25 U.S.C. 4101 *et seq.;* 42 U.S.C. 3535(d). 9. Revise § 1000.46 to read as follows: § 1000.46 Do drug-free workplace requirements apply? Yes. In addition to any tribal requirements, the Drug-Free Workplace Act of 1988 (41 U.S.C. 701, *et seq.* ) and HUD's implementing regulations in 2 CFR part 2429 apply. Dated: July 15, 2011. Shaun Donovan, Secretary. [FR Doc. 2011-19129 Filed 7-27-11; 8:45 am]

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