Unknown. Direct final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2011-12-08.xml --- 76 236 Thursday, December 8, 2011 Contents Agriculture Agriculture Department See Forest Service RULES Implementation of OMB Guidance on Drug Free Workplace Requirements, 76609-76611 2011-31467 Architectural Architectural and Transportation Barriers Compliance Board PROPOSED RULES Telecommunications Act Accessibility Guidelines: Electronic and Information Technology Accessibility Standards, 76640-76646 2011-31462 Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Bureau of Consumer Financial Protection PROPOSED RULES Disclosure of Certain Credit Card Complaint Data, 76628-76633 2011-31153 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 76733-76737 2011-31561 2011-31562 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 76737 2011-31536 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Head Start Grant Administration, 76737-76738 2011-31493 Meetings: President's Committee for People With Intellectual Disabilities;

Conference Call, 76738 2011-31539 Coast Guard Coast Guard PROPOSED RULES Drawbridge Operations: Blackwater River, South Quay, VA, 76634-76637 2011-31455 Gulf Intracoastal Waterway (Algiers Alternate Route), Belle Chasse, LA, 76640 2011-31454 Saginaw River, Bay City, MI, 76637-76640 2011-31456 Commerce Commerce Department See International Trade Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Appointments to Performance Review Board for Senior Executive Service, 76697 2011-31495 Corporation Corporation for National and Community Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 76697-76698 2011-31466 Education Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 76698 2011-31541 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Application to Export Domestic Liquefied Natural Gas to Non-Free Trade Agreement Nations: Dominion Cove Point LNG, LP, 76698-76702 2011-31518 Environmental Protection Environmental Protection Agency RULES Approval and Promulgation of Implementation Plans and Designations of Areas for Air Quality Planning Purposes:

Georgia; Atlanta; Determination of Attaining Data for the 1997 Annual Fine Particulate Matter National Ambient Air Quality Standards, 76620-76622 2011-30364 PROPOSED RULES Approval and Promulgation of Implementation Plans; South Dakota: Regional Haze State Implementation Plan, 76646-76673 2011-31406 Approvals and Promulgations of Implementation Plans: Texas; Revisions to New Source Review State Implementation Plan; General Definitions; Definition of Modification of Existing Facility, 76673-76674 2011-31529 Hazardous Waste Management System:

Identification and Listing of Hazardous Waste; Proposed Exclusion, 76677-76684 2011-31533 Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities, 76674-76677 2011-31560 Tentative Approval of State Underground Storage Tank Program: Idaho, 76684-76686 2011-31531 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Prevention of Significant Deterioration and Nonattainment Area New Source Review, 76713-76715 2011-31528 Draft National Pollutant Discharge Elimination System:

General Permits for Discharges Incidental to the Normal Operation of a Vessel, 76716-76725 2011-31576 Meetings: Clean Air Scientific Advisory Committee Ozone Review Panel, 76725-76726 2011-31398 Executive Office of the President See Presidential Documents See Trade Representative, Office of United States Federal Aviation Federal Aviation Administration RULES Interference With a Crewmember via Laser, 76611-76612 2011-31446 NOTICES Waiver of Aeronautical Land-Use Assurance: Austin Straubel International Airport, Green Bay, WI, 76810 2011-31459 Federal Communications Federal Communications Commission RULES Connect America Fund;

Developing a Unified Intercarrier Compensation Regime, 76623-76624 2011-31519 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 76726-76728 2011-31526 2011-31527 Benefits and Burdens of Requiring Commenters To File Cited Materials in Rulemaking Proceedings, 76728-76730 2011-31545 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 76730 2011-31649 Federal Energy Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 76702-76703 2011-31515 Applications: Inside Passage Electric Cooperative, 76705 2011-31517 Jordan Whittaker, 76703-76704 2011-31513 Questar Pipeline Co., 76705-76706 2011-31489 Western Technical College, 76704-76705 2011-31516 Combined Filings, 76706-76707 2011-31487 Complaints: Brian Hamilton v. El Paso Natural Gas and El Paso Western Pipelines, 76707 2011-31504 Environmental Assessments; Availability, etc.: Wilkesboro Hydroelectric Co., LLC, 76709-76710 2011-31488 Willcox Lateral 2013 Expansion Project, El Paso Natural Gas Co., 76707-76709 2011-31514 Filings:

Beck C. Merritt, 76710 2011-31509 Edward H. Baine, 76710-76711 2011-31511 Sharon L. Burr, 76710 2011-31508 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Sperian Energy Corp., 76711 2011-31510 Motions for Extensions of Rate Case Filing Deadlines: DCP Raptor Pipeline, LLC, 76711 2011-31506 Overland Trail Transmission, LLC, 76711-76712 2011-31507 Pelico Pipeline, LLC, 76712 2011-31503 Staff Attendances: Southwest Power Pool Markets and Operations Policy Committee, 76712-76713 2011-31490 Technical Conferences:

California Independent System Operator Corp., 76713 2011-31505 Federal Reserve Federal Reserve System NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 76730-76732 2011-31431 Federal Trade Federal Trade Commission RULES Business Opportunity Rule, 76816-76865 2011-30597 Fish Fish and Wildlife Service NOTICES Environmental Assessments; Availability, etc.: DeSoto National Wildlife Refuge, Harrison and Pottawattamie Counties, IA; and Washington County, NE, 76745-76746 2011-31565 Food and Drug Food and Drug Administration NOTICES Generic Drug User Fee;

Meeting, 76738-76740 2011-31630 Foreign Assets Foreign Assets Control Office RULES Sudanese Sanctions, 76617-76619 2011-31557 Forest Forest Service NOTICES Environmental Impact Statements; Availability, etc.: Mount Taylor Combined Exploratory Drilling; Cibola National Forest, NM, 76689-76690 2011-31563 General Services General Services Administration RULES Federal Management Regulation; Motor Vehicle Management, 76622-76623 2011-31470 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Children and Families Administration 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, 76732 2011-31468 Requests for Nominations: Advisory Committee on Blood Safety and Availability, 76732-76733 2011-31534 Health Resources Health Resources and Services Administration NOTICES Meetings: Secretary's Advisory Committee on Heritable Disorders in Newborns and Children, 76740-76741 2011-31522 Homeland Homeland Security Department See Coast Guard Interior Interior Department See Fish and Wildlife Service See Office of Natural Resources Revenue Internal Revenue Internal Revenue Service PROPOSED RULES Determination of Governmental Plan Status;

Correction, 76633 2011-31464 Indian Tribal Governmental Plans; Correction, 76633-76634 2011-31463 International Trade Adm International Trade Administration NOTICES Antidumping Duty Administrative Reviews; Results, Amendments, Extensions, etc.: Multilayered Wood Flooring From the People's Republic of China, 76690-76693 2011-31571 Countervailing Duty Orders: Multilayered Wood Flooring From the People's Republic of China, 76693-76696 2011-31573 International Trade Com International Trade Commission NOTICES Complaints:

Certain Kinesiotherapy Devices and Components Thereof, 76758-76759 2011-31543 Certain Portable Communication Devices, 76759-76760 2011-31544 Investigations: Gray Portland Cement and Cement Clinker from Japan, 76760 2011-31491 Justice Department Justice Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: COPS Application Package, 76761-76762 2011-31535 Semi-Annual Progress Report for Rural Domestic Violence and Child Victimization Enforcement Grant Program, 76760-76761 2011-31537 Lodging of Consent Decree Under the Clean Air Act, 76762 2011-31486 Lodging of Consent Decrees Under the Clean Air Act, 76762-76763 2011-31520 Lodging of Consent Decrees Under the Resource Conservation and Recovery Act, 76763 2011-31448 Labor Department Labor Department See Labor Statistics Bureau See Occupational Safety and Health Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Occupational Safety and Health Act Variance Regulations, 76763-76764 2011-31439 Labor Statistics Labor Statistics Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 76764-76766 2011-31525 Maritime Maritime Administration NOTICES Meetings: Ready Reserve Force Ship Manager Contract Program, 76811 2011-31460 Requests for Administrative Waivers of the Coastwise Trade Laws: Vessel Barbary Ghost, 76812-76813 2011-31444 Vessel FOR-2-NA, 76813-76814 2011-31458 Vessel LADY KAY, 76812 2011-31452 Vessel OCEAN VUE 1, 76811 2011-31450 Vessel PATRIOT II, 76814 2011-31465 Vessel PRIORITIES, 76813 2011-31453 National Institute National Institutes of Health NOTICES Government-Owned Inventions;

Availability for Licensing, 76741-76743 2011-31553 Government-Owned Inventions; Licensing and Collaborative Research Opportunity: Chemotoxins for Targeted Treatment of Diseased Cells, 76743-76744 2011-31554 Meetings: National Institute of Biomedical Imaging and Bioengineering, 76744 2011-31551 Prospective Grant of Exclusive License: Use of Agents Targeting Thrombospondin-1 and CD47 to Treat Radiation-Induced Damage, etc., 76744-76745 2011-31556 National Science National Science Foundation NOTICES Meetings;

Sunshine Act, 76769-76771 2011-31660 National Transportation National Transportation Safety Board PROPOSED RULES Notification and Reporting of Aircraft Accidents or Incidents and Overdue Aircraft, etc., 76686-76688 2011-31423 Nuclear Regulatory Nuclear Regulatory Commission PROPOSED RULES Denial of Petitions for Rulemaking: Association of State and Territorial Solid Waste Management Officials, 76625-76628 2011-31523 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Standard on Vinyl Chloride, 76766-76768 2011-31492 The 13 Carcinogens Standard, 76768-76769 2011-31494 Office of Natural Resources Revenue RULES Amendments to OMB Control Numbers and Certain Forms, 76612-76617 2011-31500 PROPOSED RULES Establishment of the Indian Oil Valuation Negotiated Rulemaking Committee, 76634 2011-31559 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 76746-76757 2011-31496 States' Decisions on Participating in Accounting and Auditing Relief for Federal Oil & Gas Marginal Properties, 76757-76758 2011-31497 Office of United States Trade Representative See Trade Representative, Office of United States Pension Benefit Pension Benefit Guaranty Corporation NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 76771-76772 2011-31417 Personnel Personnel Management Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Deferred Retirement, 76773 2011-31471 Claim for Unpaid Compensation of Deceased Civilian Employee, 76772-76773 2011-31469 Designation of Beneficiary (FERS), 76773-76774 2011-31472 Postal Regulatory Postal Regulatory Commission NOTICES Post Office Closings, 76774-76775 2011-31538 Postal Service Postal Service RULES International Mail:

New Prices and Fee Changes; Mailing Services, 76619-76620 2011-31327 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: International Day of Persons With Disabilities (Proc. 8763), 76601-76602 2011-31620 National Pearl Harbor Remembrance Day (Proc. 8764), 76871-76872 2011-31743 EXECUTIVE ORDERS American Indians and Alaska Natives; Improving Educational Opportunities (EO 13592), 76603-76607 2011-31624 ADMINISTRATIVE ORDERS Defense and National Security:

Ike Skelton National Defense Authorization Act for Fiscal Year 2011; Delegation of Function and Authority (Memorandum of July 19, 2011), 76867-76869 2011-31740 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes: C2 Options Exchange, Inc., 76785-76786 2011-31482 Chicago Board Options Exchange, Inc., 76783-76785, 76788-76790 2011-31480 2011-31483 Depository Trust Co., 76790-76791 2011-31479 Financial Industry Regulatory Authority, Inc., 76777-76781 2011-31524 NASDAQ OMX BX, Inc., 76781-76783, 76797-76799 2011-31475 2011-31485 NASDAQ OMX PHLX LLC, 76793-76795 2011-31477 NASDAQ Stock Market LLC, 76786-76788, 76795-76797 2011-31476 2011-31481 New York Stock Exchange LLC, 76799-76801 2011-31474 NYSE Amex LLC, 76775-76777 2011-31473 Options Clearing Corp., 76792-76793 2011-31478 Small Business Small Business Administration NOTICES Disaster Declarations:

Mississippi, 76801 2011-31555 New Jersey, 76801 2011-31552 New Mexico, 76801-76802 2011-31550 Exemption Requests: Riverside Micro-Cap Fund II, L.P., 76802 2011-31547 2011-31548 State Department State Department NOTICES Requests for Grant Proposals: Empowering Women and Girls Through Sports, 76802-76808 2011-31392 Trade Representative Trade Representative, Office of United States NOTICES Procurement Thresholds for Implementation of the Trade Agreements Act of 1979, 76808-76810 2011-31512 Transportation Department Transportation Department See Federal Aviation Administration See Maritime Administration Treasury Treasury Department See Foreign Assets Control Office See Internal Revenue Service Separate Parts In This Issue Part II Federal Trade Commission, 76816-76865 2011-30597 Part III Presidential Documents, 76867-76869, 76871-76872 2011-31743 2011-31740 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. 76 236 Thursday, December 8, 2011 Rules and Regulations DEPARTMENT OF AGRICULTURE Office of the Secretary 2 CFR Part 421 7 CFR Part 3021 RIN 0505AA14 Implementation of Office of Management and Budget Guidance on Drug-Free Workplace Requirements AGENCY:

Office of the Secretary, USDA. ACTION: Direct final rule. SUMMARY: The Department of Agriculture

(USDA)is removing its regulation implementing the Governmentwide common rule on drug-free workplace requirements for financial assistance, currently located within part 3021 of Title 7 of the Code of Federal Regulations (CFR), and issuing a new regulation to adopt the Office of Management and Budget

(OMB)guidance at 2 CFR part 182. This regulatory action implements 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 USDA's policy or procedures for drug-free workplace. DATES: This direct final rule is effective on February 6, 2012 without further action. Submit comments by January 9, 2012 on any unintended changes this action makes in USDA's policies and procedures for drug-free workplace. All comments on unintended changes will be considered and, if warranted, USDA will publish a timely withdrawal of the rule in the **Federal Register** . ADDRESSES: You may submit comments, identified by docket number and/or RIN Number, by any of the following methods: • *Federal eRulemaking Portal: http://www.regulations.gov.* Follow the instructions for submitting comments. • *Email: james.mcstay@cfo.usda.gov.* Include [docket number and/or RIN number] in the subject line of the message. • *Fax:* James McStay at

(202)690-1529. • *Mail:* OCFO/CTGPD, Room 3409-A, Stop 9010, 1400 Independence Avenue SW., Washington, DC 20250-9010. • *Hand Delivery/Courier:* OCFO/CTGPD, Room 3409-A, 1400 Independence Avenue SW., Washington, DC 20250. All submissions received must include the agency name and RIN for this rulemaking. All comments received will be posted without change to *http://www.regulations.gov,* including any personal information provided. FOR FURTHER INFORMATION CONTACT: James McStay,

(202)720-0589, *Email: james.mcstay@cfo.usda.gov;* or Steve Lowery,

(202)720-1568, *Email: steve.lowery@osec.usda.gov.* SUPPLEMENTARY INFORMATION: Background On November 18, 1988, Congress enacted the Drug-Free Workplace Act of 1988 (Pub. L. 100-690, Title V, Subtitle D; 41 U.S.C. 701, *et seq.* ) as a part of omnibus drug legislation. Federal agencies issued an interim final common rule to implement the Act as it applied to grants (53 FR 4946, January 31, 1989). The rule was a subpart of the Governmentwide common rule on nonprocurement suspension and debarment. The agencies issued a final common rule after consideration of public comments (55 FR 21681, May 25, 1990). The agencies proposed an update to the drug-free workplace common rule in 2002 (67 FR 3266, January 23, 2002) and finalized it in 2003 (68 FR 66534, November 26, 2003). The updated common rule was redrafted in plain language and adopted as a separate part, independent from the common rule on nonprocurement suspension and debarment. Based on an amendment to the drug-free workplace requirements in 41 U.S.C. 702 (Pub. L. 105-85, div. A, title VIII, Sec. 809, Nov. 18, 1997, 111 Stat. 1838), the update also allowed multiple enforcement options from which agencies could select, rather than requiring use of a certification in all cases. When it established Title 2 of the CFR as the new central location for OMB guidance and agency implementing regulations concerning grants and agreements (69 FR 26276, May 11, 2004), OMB announced its intention to replace common rules with OMB guidance that agencies could adopt in brief regulations. OMB began that process by proposing (70 FR 51863, August 31, 2005) and finalizing (71 FR 66431, November 15, 2006) Governmentwide guidance on nonprocurement suspension and debarment in 2 CFR part 180. As the next step in that process, OMB proposed for comment (73 FR 55776, September 26, 2008) and finalized (74 FR 28149, June 15, 2009) Governmentwide guidance with policies and procedures to implement drug-free workplace requirements for financial assistance. The guidance requires each agency to replace the common rule on drug-free workplace requirements that the agency previously issued in its own CFR title with a brief regulation in 2 CFR adopting the Governmentwide policies and procedures. One advantage of this approach is that it reduces the total volume of drug-free workplace regulations. A second advantage is that it collocates OMB's guidance and all of the agencies' implementing regulations in 2 CFR. The Current Regulatory Actions As the OMB guidance requires, USDA is taking two regulatory actions. First, we are removing the drug-free workplace common rule from 7 CFR part 3021. Second, to replace the common rule, we are issuing a brief regulation in 2 CFR part 421 to adopt the Governmentwide policies and procedures in the OMB guidance. Invitation To Comment Taken together, these regulatory actions are solely an administrative simplification and are not intended to make any substantive change in policies or procedures. In soliciting comments on these actions, we therefore are not seeking to revisit substantive issues that were resolved during the development of the final common rule in 2003. We are inviting comments specifically on any unintended changes in substantive content that the new part in 2 CFR would make relative to the common rule at 7 CFR part 3021. Administrative Procedure Act Under the Administrative Procedure Act (5 U.S.C. 553), agencies generally propose a regulation and offer interested parties the opportunity to comment before it becomes effective. However, as described in the “Background” section of this preamble, the policies and procedures in this regulation have been proposed for comment two times—one time by federal agencies as a common rule in 2002 and a second time by OMB as guidance in 2008—and adopted each time after resolution of the comments received. This direct final rule is solely an administrative simplification that would make no substantive change in the USDA policy or procedures for drug-free workplace. We therefore believe that the rule is noncontroversial and do not expect to receive adverse comments, although we are inviting comments on any unintended substantive change this rule makes. Accordingly, we find that the solicitation of public comments on this direct final rule is unnecessary and that “good cause” exists under 5 U.S.C. 553(b)(B) and 553(d) to make this rule effective on February 6, 2012 without further action, unless we receive adverse comment by January 9, 2012. If we receive any comment on unintended changes is received, we will consider it and, if warranted, we will publish a timely revision of the rule. Executive Order 12866 OMB has determined this rule to be not significant for purposes of E.O. 12866. Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)) This regulatory action will not have a significant adverse impact on a substantial number of small entities. Unfunded Mandates Act of 1995 (Sec. 202, Pub. L. 104-4) This regulatory action does not contain a Federal mandate that will result in the expenditure by State, local, and Tribal governments, in aggregate, or by the private sector of $100 million or more in any one year. Paperwork Reduction Act of 1995 (44 U.S.C., Chapter 35) This regulatory action will not impose any additional reporting or recordkeeping requirements under the Paperwork Reduction Act. Federalism (Executive Order 13132) This regulatory action does not have Federalism implications, as set forth in Executive Order 13132. It will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. List of Subjects 2 CFR Part 421 Administrative practice and procedure, Drug abuse, Grant programs, Reporting and recordkeeping requirements. 7 CFR Part 3021 Administrative practice and procedure, Drug abuse, Grant programs, Reporting and recordkeeping requirements. Accordingly, for the reasons set forth in the preamble, and under the authority of 5 U.S.C. 301, the Department of Agriculture amends the Code of Federal Regulations, Title 2, Subtitle B, chapter IV, and Title 7, chapter XXX, part 3021, as follows: Title 2—Grants and Agreements Chapter IV—Department of Agriculture 1. Add part 421 in Subtitle B, Chapter IV, to read as follows: PART 421—REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) Sec. 421.10 What does this part do? 421.20 Does this part apply to me? 421.30 What policies and procedures must I follow? Subpart A—Purpose and Coverage [Reserved] Subpart B—Requirements for Recipients Other Than Individuals 421.225 Whom in the USDA does a recipient other than an individual notify about a criminal drug conviction? Subpart C—Requirements for Recipients Who Are Individuals 421.300 Whom in the USDA does a recipient who is an individual notify about a criminal drug conviction? Subpart D—Responsibilities of Agency Awarding Officials 421.400 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 421.500 Who in the USDA determines that a recipient other than an individual violated the requirements of this part? 421.505 Who in the USDA determines that a recipient who is an individual violated the requirements of this part? Authority: 41 U.S.C. 701-707. § 421.10 What does this part do? This part requires that the award and administration of USDA 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 USDA's grants and cooperative agreements; and

(b)Establishes USDA 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. § 421.20 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 USDA grant or cooperative agreement; or

(b)USDA awarding official. § 421.30 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) § 421.225 Whom in the USDA 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) § 421.300 Whom in the USDA 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 § 421.500 Who in the USDA 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 § 421.505 Who in the USDA 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, USDA 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 § 421.225 Whom in the USDA 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 awarding official for each USDA agency from which the recipient currently has an award. Subpart C—Requirements for Recipients Who Are Individuals § 421.300 Whom in the USDA does a recipient who is an individual notify about a criminal drug conviction? A recipient who is an individual that is required under 2 CFR 182.300(b) to notify Federal agencies about a conviction for a criminal drug offense must notify the awarding official for each USDA agency from which the recipient currently has an award. Subpart D—Responsibilities of Agency Awarding Officials § 421.400 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 421, 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 § 421.500 Who in the USDA determines that a recipient other than an individual violated the requirements of this part? The Secretary of Agriculture and the Secretary's designee or designees are authorized to make the determination under 2 CFR 182.500. § 421.505 Who in the USDA determines that a recipient who is an individual violated the requirements of this part? The Secretary of Agriculture and the Secretary's designee or designees are authorized to make the determination under 2 CFR 182.505. Title 7—Agriculture Chapter XXX—Office of the Chief Financial Officer, Department of Agriculture PART 3021—[REMOVED] 2. Remove Part 3021. Approved: October 26, 2011. Pearlie S. Reed, Assistant Secretary for Administration. [FR Doc. 2011-31467 Filed 12-7-11; 8:45 am]

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