Proposed Rules. Proposed rule
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BILLING CODE 4310-W7-P DEPARTMENT OF DEFENSE Office of the Secretary 32 CFR Part 86 [Docket ID: DOD-2013-OS-0009] RIN 0790-AJ19 Background Checks on Individuals in DoD Child Care Services Programs Correction In proposed rule document 2014-23061 beginning on page 59168 in the issue of Wednesday, October 1, 2014, make the following correction: § 86.6 [Corrected] In § 86.6, on page 59172, in the third column, between the twelfth and thirteenth lines, insert the following text:
(ii)Individuals with a prior DoD affiliation must also complete an IRC, which includes an installation law enforcement check, drug and alcohol records check, and a check of the Family Advocacy Program
(FAP)records for a minimum of 2 years before the date of the application.
(3)*Criminal History Background Checks for FCC Providers and Contractors.*
(i)In accordance with 42 U.S.C. 13041, complete a CNACI, which includes an FBI criminal history background check conducted through the Criminal Justice Information Services Division of the FBI and SCHR checks through State repositories of all States that a provider or contractor or prospective provider or contractor lists as current and former residences in an employment application. Results of an advanced FBI fingerprint check must be provided before completion of the full CNACI. Results for contractors may be used to determine employment under LOSS.
(ii)Individuals with a prior DoD affiliation must also complete an IRC, including an installation law enforcement check, drug and alcohol records check, and a check of the FAP records for a minimum of 2 years before the date of the application.
(4)*Criminal History Background Checks for Others.*
(i)In accordance with 42 U.S.C. 13041, only an FBI advanced fingerprint check is required for criminal history background checks for specified volunteers and persons 18 years of age or older residing in an FCC, foster, or respite care home.
(ii)Individuals with a prior DoD affiliation must also complete an IRC to include: an installation law enforcement check, drug and alcohol records check, and a check of the FAP records for a minimum of 2 years before the date of the application.
(5)*Timely Completion.* To ensure timely completion, the DoD Components will establish procedures to initiate or request criminal history background check results, follow up to ensure checks have been completed, and address situations where there is a delay in receiving results. In no event will an individual subject to this part be presumed to have a favorable background check merely because there has been a delay in receiving the results of the requisite background check. If no response from the state(s) is received within 60 days, determinations based upon the CNACI report may be made.
(c)Criteria for Disqualification Based on Results on Criminal History Background Checks. The ultimate decision to determine how to use information obtained from the criminal history background checks in selection for positions involving the care, treatment, supervision, or education of children must incorporate a common sense decision based upon all known facts. Adverse information is evaluated by the DoD Component who is qualified at the appropriate level of command in interpreting criminal history background checks. All information of record both favorable and unfavorable will be assessed in terms of its relevance, recentness, and seriousness. Likewise, positive mitigating factors should be considered. Final suitability decisions shall be made by that commander or designee. Criteria that will result in disqualification of an applicant require careful screening of the data. A disqualifying event may be the basis for a nonselection, withdrawal of a tentative offer of employment, ineligibility for facility access, removal from a contract, a suitability action under 5 CFR part 731, a probationary termination, an adverse action, or other appropriate action.
(1)*Criteria for Automatic Disqualification.* No person, regardless of circumstances, will be approved to provide child care services pursuant to this part if the background check discloses:
(i)That the individual has been convicted in either a civilian or military court (to include any general, special or summary court-martial conviction) or received non-judicial punishment (under Article 15 or chapter 47 of Title 10, U.S.C., also known and referred to in this instruction as “the Uniform Code of Military Justice (UCMJ)” (Reference
(j)for any of the following:
(A)A sexual offense.
(B)Any criminal offense involving a child victim.
(C)A felony drug offense.
(ii)That the individual has been held to be negligent in a civil adjudication or administrative proceeding concerning the death or serious injury to a child or dependent person entrusted to the individual's care.
(d)*Suitability and Fitness Determinations for Individuals Involved With the Provision of Child Care Services.* Suitability and fitness determinations for individuals subject to this part will be made in accordance with Volume 731, Volume 1231, and Subchapter 1403 of DoD Instruction 1400.25, part 1201 of 5 U.S.C., as appropriate. The following may be the basis for nonselection, withdrawal of a tentative offer of employment, ineligibility for facility access, removal from a contract, a suitability action under Reference (d), a probationary termination, an adverse action, or other appropriate action.
(1)*Criteria for Presumptive Disqualification.* Officials charged with making determinations pursuant to this part must include in the record a written justification for any favorable determination made where background check findings include any of the following presumptively disqualifying information:
(i)A FAP record indicating that the individual met criteria for child abuse or neglect or civil adjudication that the individual committed child abuse or neglect.
(ii)Evidence of an act or acts by the individual that tend to indicate poor judgment, unreliability, or untrustworthiness in providing child care services. [FR Doc. C1-2014-23061 Filed 10-7-14; 8:45 am] BILLING CODE 1505-01-D ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 271 [EPA-R04-RCRA-2012-0179; FRL-9917-52-Region-4] Florida: Final Authorization of State Hazardous Waste Management Program Revisions AGENCY: Environmental Protection Agency. ACTION: Proposed rule. SUMMARY: Florida has applied to the Environmental Protection Agency
(EPA)for final authorization of changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). These changes correspond to certain Federal rules promulgated between July 1, 2007 and June 30, 2009, and July 1, 2010 and June 30, 2011 (also known as RCRA Clusters XVIII, XIX and XXI). With this proposed rule, EPA is proposing to grant final authorization to Florida for these changes. Along with this proposed rule, EPA is publishing an immediate final rule in the “Rules and Regulations” section of today's **Federal Register** pursuant to which EPA is authorizing these changes. EPA did not issue a proposed rule before today because EPA believes this action is not controversial and does not expect comments that oppose it. EPA has explained the reasons for this authorization in the immediate final rule. Unless EPA receives written comments that oppose this authorization during the comment period, the immediate final rule in today's **Federal Register** will become effective on the date it establishes, and EPA will not take further action on this proposal. If EPA receives comments that oppose this action, EPA will withdraw the immediate final rule and it will not take effect. EPA will then respond to public comments in a later final rule based on this proposed rule. You may not have another opportunity to comment on these State program changes. If you want to comment on this action, you must do so at this time. DATES: Send your written comments by November 7, 2014. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-RCRA-2012-0179, by one of the following methods: • *Federal eRulemaking Portal: www.regulations.gov.* Follow the on-line instructions for submitting comments. • *Email: shipley.anita@epa.gov* • *Fax:*
(404)562-9964 (prior to faxing, please notify the EPA contact listed below) • *Mail:* Send written comments to Anita K. Shipley, Permits and State Programs Section, RCRA Programs and Materials Management Branch, RCRA Division, U.S. Environmental Protection Agency, Atlanta Federal Center, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. • *Hand Delivery or Courier:* Deliver your comments to Anita K. Shipley, Permits and State Programs Section, RCRA Programs and Materials Management Branch, RCRA Division, U.S. Environmental Protection Agency, Atlanta Federal Center, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Such deliveries are only accepted during the Regional Office's normal hours of operation, and special arrangements should be made for deliveries of boxed information. Please see the immediate final rule in the “Rules and Regulations” section of today's **Federal Register** for detailed instructions on how to submit comments. FOR FURTHER INFORMATION CONTACT: Anita K. Shipley, Permits and State Programs Section, RCRA Programs and Materials Management Branch, RCRA Division, U.S. Environmental Protection Agency, Atlanta Federal Center, 61 Forsyth Street SW., Atlanta, Georgia 30303; telephone number:
(404)562-8466; fax number:
(404)562-9964; email address: *shipley.anita@epa.gov.* SUPPLEMENTARY INFORMATION: For additional information, please see the immediate final rule published in the “Rules and Regulations” section of today's **Federal Register** . Dated: August 27, 2014. Heather McTeer Toney, Regional Administrator, Region 4. [FR Doc. 2014-24007 Filed 10-7-14; 8:45 am]
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U.S. Code
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- 32 CFR 86
- 5 CFR 731
- 40 CFR 271
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