Implementation of OMB Guidance on Drug-Free Workplace Requirements, 23699-23702 [2013-09044]
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Federal Register / Vol. 78, No. 77 / Monday, April 22, 2013 / Proposed Rules
for correct positioning. If the outboard
discharge tube is not correctly
positioned, this proposed AD would
require correcting the positioning.
Costs of Compliance
We estimate that this proposed AD
would affect 24 U.S. registered
helicopters and that labor costs would
average $85 per work-hour. Based on
these estimates, we expect the following
costs:
• Modifying the No. 1 engine tube
would take two work-hours for an
estimated labor cost of $170 per
helicopter. No parts would be needed,
so the cost for the U.S. fleet would total
$4,080.
• Inspecting the outboard discharge
tube and ensuring that it is in the
required position would take about one
work-hour for a total labor cost of $85
per helicopter. No parts would be
needed for a total U.S. fleet cost of
$2,040.
tkelley on DSK3SPTVN1PROD with PROPOSALS
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
section 106, describes the authority of
the FAA Administrator. ‘‘Subtitle VII:
Aviation Programs,’’ describes in more
detail the scope of the Agency’s
authority.
We are issuing this rulemaking under
the authority described in ‘‘Subtitle VII,
Part A, Subpart III, Section 44701:
General requirements.’’ Under that
section, Congress charges the FAA with
promoting safe flight of civil aircraft in
air commerce by prescribing regulations
for practices, methods, and procedures
the Administrator finds necessary for
safety in air commerce. This regulation
is within the scope of that authority
because it addresses an unsafe condition
that is likely to exist or develop on
products identified in this rulemaking
action.
Regulatory Findings
We determined that this proposed AD
would not have federalism implications
under Executive Order 13132. This
proposed AD would not have a
substantial direct effect 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.
For the reasons discussed, I certify
this proposed regulation:
1. Is not a ‘‘significant regulatory
action’’ under Executive Order 12866;
2. Is not a ‘‘significant rule’’ under the
DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979);
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3. Will not affect intrastate aviation in
Alaska to the extent that it justifies
making a regulatory distinction; and
4. Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
We prepared an economic evaluation
of the estimated costs to comply with
this proposed AD and placed it in the
AD docket.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by Reference,
Safety.
The Proposed Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 14 CFR part
39 as follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
■
SIKORSKY AIRCRAFT CORPORATION:
Docket No. FAA–2013–0352; Directorate
Identifier 2012–SW–063–AD.
(a) Applicability
This AD applies to Sikorsky Aircraft
Corporation (Sikorsky) Model S–92A
helicopters, serial numbers 920006 through
920169, certificated in any category.
(b) Unsafe Condition
This AD defines the unsafe condition as
failure of the No. 1 engine forward firewall
center fire extinguisher discharge tube to
discharge an extinguishing agent for
complete coverage of the No. 1 engine
compartment area. This condition could
result in a fire not being extinguished and
subsequent loss of helicopter control.
(c) Compliance
You are responsible for performing each
action required by this AD within the
specified compliance time unless it has
already been accomplished prior to that time.
(d) Required Actions
Within 120 days:
(1) Modify the No. 1 engine forward
firewall center discharge tube in accordance
with the Accomplishment Instructions,
Paragraph B, of Sikorsky Alert Service
Bulletin 92–26–004, dated June 4, 2012
(ASB).
(2) Inspect the outboard discharge tube and
determine if it is correctly positioned as
depicted in Figure 3 of the ASB. If it is not
correctly positioned, correct the positioning
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23699
in accordance with the Accomplishment
Instructions, Paragraph D, of the ASB.
(e) Alternative Methods of Compliance
(AMOC)
(1) The Manager, Boston Aircraft
Certification Office, FAA, may approve
AMOCs for this AD. Send your proposal to:
Michael Schwetz, Aviation Safety Engineer,
Boston Aircraft Certification Office, Engine &
Propeller Directorate, FAA, 12 New England
Executive Park, Burlington, Massachusetts
01803; telephone (781) 238–7761; email
michael.schwetz@faa.gov.
(2) For operations conducted under a 14
CFR part 119 operating certificate or under
14 CFR part 91, subpart K, we suggest that
you notify your principal inspector, or
lacking a principal inspector, the manager of
the local flight standards district office or
certificate holding district office before
operating any aircraft complying with this
AD through an AMOC.
(f) Additional Information
For service information identified in this
AD, contact Sikorsky Aircraft Corporation,
Attn: Manager, Commercial Technical
Support, mailstop s581a, 6900 Main Street,
Stratford, CT 06614; telephone (800) 562–
4409; email tsslibrary@sikorsky.com; or at
https://www.sikorsky.com. You may review a
copy of information at the FAA, Office of the
Regional Counsel, Southwest Region, 2601
Meacham Blvd., Room 663, Fort Worth,
Texas 76137.
(g) Subject
Joint Aircraft Service Component (JASC)
Code: 2620, Extinguishing System.
Issued in Fort Worth, Texas, on April 11,
2013.
Lance T. Gant,
Acting Directorate Manager, Rotorcraft
Directorate, Aircraft Certification Service.
[FR Doc. 2013–09406 Filed 4–19–13; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF COMMERCE
Office of the Secretary
2 CFR Part 1329
15 CFR Part 29
[Docket No. 0907271171–91172–01]
RIN 0605–AA28
Implementation of OMB Guidance on
Drug-Free Workplace Requirements
U.S. Department of Commerce.
Proposed rule.
AGENCY:
ACTION:
The U.S. Department of
Commerce is proposing to remove its
regulation implementing the
Governmentwide common rule on drugfree workplace requirements for
financial assistance, and issuing a new
regulation to adopt the Office of
SUMMARY:
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Federal Register / Vol. 78, No. 77 / Monday, April 22, 2013 / Proposed Rules
tkelley on DSK3SPTVN1PROD with PROPOSALS
Management and Budget (OMB)
guidance. This regulatory action
implements the OMB’s initiative to
streamline and consolidate into one title
of the CFR all Federal regulations on
drug-free workplace requirements for
financial assistance. These changes
constitute an administrative
simplification that would make no
substantive change in U.S. Department
of Commerce policy or procedures for
drug-free workplace.
DATES: Submit comments by May 22,
2013 on any unintended changes this
action makes in U.S. Department of
Commerce policies and procedures for
drug-free workplace. All comments on
unintended changes will be considered
and, if warranted, U.S. Department of
Commerce will revise the rule.
ADDRESSES: You may submit comments,
identified by RIN 0605–AA28, by any of
the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Mail: Gary Johnson, Office of
Acquisition Management, U.S.
Department of Commerce, Room H–
6412, 1401 Constitution Avenue NW.,
Washington, DC 20230.
• Hand Delivery/Courier: Same
Address as Above.
Instructions: All submissions received
must include the agency name and
Regulatory Information Number (RIN)
for this rulemaking. All comments
received will be posted without change
to Regulations.gov, including any
personal information provided.
FOR FURTHER INFORMATION CONTACT: Gary
Johnson, Gjohnso3@doc.gov, 202 482–
1679.
SUPPLEMENTARY INFORMATION:
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.
any unintended changes in substantive
content that the new part in 2 CFR
would make relative to the common rule
at 15 CFR part 29.
Background
The Drug-Free Workplace Act of 1988,
Public Law 100–690, Title V, Subtitle D;
41 U.S.C. 701, et seq., was enacted as a
part of omnibus drug legislation on
November 18, 1988. Federal agencies
issued an interim final common rule to
implement the act as it applied to grants
(54 FR 4946, January 31, 1989). The rule
was a subpart of the Governmentwide
common rule on nonprocurement
suspension and debarment. The
agencies issued a final common rule
after consideration of public comments
(55 FR 21681, May 25, 1990).
The agencies proposed an update to
the drug-free workplace common rule in
2002 (67 FR 3266, January 23, 2002) and
finalized it in 2003 (68 FR 66534,
November 26, 2003). The updated
common rule was redrafted in plain
language and adopted as a separate part
independent from the common rule on
The Current Regulatory Actions
As the OMB guidance requires, the
Department of Commerce is taking two
regulatory actions. First, we are
proposing to remove the drug-free
workplace common rule from 15 CFR
part 29. Second, to replace the common
rule, we propose to issue a brief
regulation in 2 CFR part 1329 to adopt
the Governmentwide policies and
procedures in the OMB guidance.
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.
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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
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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))
Pursuant to section 605(b), the Chief
Council for Regulations certified to the
Chief Council for Advocacy at the Small
Business Administration that the
attached proposed rule, if adopted, will
not have a significant economic impact
on a substantial number of small
entities.
The U.S. Department of Commerce is
proposing to remove its regulation
implementing the Governmentwide
common rule on drug-free workplace
requirements for financial assistance,
currently located within Part 29 of Title
15 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
the OMB’s initiative to streamline and
consolidate into one title of the CFR all
federal regulations on drug-free
workplace requirements for financial
assistance. This regulatory change does
not impact any small entities as these
changes constitute an administrative
simplification that would make no
substantive change in U.S. Department
of Commerce policy or procedures for
drug-free workplace. For the reasons set
forth above, this action will not have a
significant impact on a substantial
number of small entities.
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 proposed 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
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Federal Register / Vol. 78, No. 77 / Monday, April 22, 2013 / Proposed Rules
Subpart A—Purpose and Coverage
[Reserved]
on the distribution of power and
responsibilities among the various
levels of government.
List of Subjects
2 CFR Part 1329
Administrative practice and
procedure, Drug abuse, Grant programs,
Reporting and recordkeeping
requirements.
15 CFR Part 29
Administrative practice and
procedure, Drug abuse, Grant programs,
Reporting and recordkeeping
requirements.
Issued this 3rd day of April, 2013 at
Washington, DC.
Barry E. Berkowitz,
Director for Acquisition Management and
Procurement Executive.
Subpart B—Requirements for Recipients
Other Than Individuals
1329.225 Whom in the Department of
Commerce does a recipient other than an
individual notify about a criminal drug
conviction?
Subpart C—Requirements for Recipients
Who Are Individuals
1329.300 Whom in the Department of
Commerce does a recipient who is an
individual notify about a criminal drug
conviction?
Subpart D—Responsibilities of Agency
Awarding Officials
1329.400 What method do I use as an
agency awarding official to obtain a
recipient’s agreement to comply with the
OMB guidance?
Accordingly, for the reasons set forth
in the preamble, and under the
authority of 5 U.S.C. 301 and 41 U.S.C.
701 et seq., the U.S. Department of
Commerce proposes to add 2 CFR 1329
and remove 15 CFR 29 as follows:
Subpart E—Violations of This Part and
Consequences
1329.500 Who in the Department of
Commerce determines that a recipient
other than an individual violated the
requirements of this part?
1329.505 Who in the Department of
Commerce determines that a recipient
who is an individual violated the
requirements of this part?
Title 2—Grants and Agreements
Subpart F—Definitions [Reserved]
1. Add Part 1329 to Subtitle B,
Chapter XIII, to read as follows:
Authority: 5 U.S.C. 301; 41 U.S.C. 701–
707.
PART 1329—REQUIREMENTS FOR
DRUG-FREE WORKPLACE
(FINANCIAL ASSISTANCE)
§ 1329.10
■
Sec.
1329.10 What does this part do?
1329.20 Does this Part apply to me?
1329.30 What policies and procedures
must I follow?
Section of OMB guidance
Section in this
part where
supplemented
(1) 2 CFR 182.225(a) ..............................
§ 1329.225
(2) 2 CFR 182.300(b) ..............................
§ 1329.300
(3) 2 CFR 182.500 ..................................
§ 1329.500
(4) 2 CFR 182.505 ..................................
tkelley on DSK3SPTVN1PROD with PROPOSALS
What does this part do?
This part requires that the award and
administration of Department of
Commerce 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,
§ 1329.505
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23701
hereafter referred to as ‘‘the Act’’) that
applies to grants. It thereby—
(a) Gives regulatory effect to the OMB
guidance (SubParts A through F of 2
CFR Part 182) for the Department of
Commerce’s grants and cooperative
agreements; and
(b) Establishes Department of
Commerce 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.
§ 1329.20
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 Department of
Commerce grant or cooperative
agreement; or
(b) Department of Commerce
awarding official.
§ 1329.30 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.
What the supplementation clarifies
Whom in the Department of Commerce a recipient other than an individual must
notify if an employee is convicted for a violation of a criminal drug statute in the
workplace.
Whom in the Department of Commerce 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.
Who in the Department of Commerce 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.
Who in the Department of Commerce 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.
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Federal Register / Vol. 78, No. 77 / Monday, April 22, 2013 / Proposed Rules
(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,
Department of Commerce policies and
procedures are the same as those in the
OMB guidance.
Subpart E—Violations of this Part and
Consequences
§ 1329.500 Who in the Department of
Commerce determines that a recipient other
than an individual violated the requirements
of this Part?
The Secretary of Commerce or
designee.
§ 1329.505 Who in the Department of
Commerce determines that a recipient who
is an individual violated the requirements of
this Part?
Subpart A—Purpose and Coverage
[Reserved]
Subpart B—Requirements for
Recipients Other Than Individuals
The Secretary of Commerce or
designee.
§ 1329.225 Whom in the Department of
Commerce 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 each
Department of Commerce office from
which it currently has an award.
Subpart F—Definitions [Reserved]
Title 15—Commerce and Foreign Trade
PART 29—[Removed and Reserved]
■ 2. Remove and reserve Part 29.
[FR Doc. 2013–09044 Filed 4–19–13; 8:45 am]
www.Regulations.gov; by mail or handdelivery to the Director, Regulation
Policy and Management (02REG),
Department of Veterans Affairs, 810
Vermont Avenue NW., Room 1068,
Washington, DC 20420; or by fax to
(202) 273–9026. Comments should
indicate that they are submitted in
response to ‘‘RIN 2900–AO59—
Copayment for Extended Care Services.’’
Copies of comments received will be
available for public inspection in the
Office of Regulation Policy and
Management, Room 1068, between the
hours of 8 a.m. and 4:30 p.m., Monday
through Friday (except holidays). Please
call (202) 461–4902 for an appointment.
(This is not a toll-free number.) In
addition, during the comment period,
comments may be viewed online
through the Federal Docket Management
System (FDMS) at www.Regulations.gov.
BILLING CODE 3510–03–P
FOR FURTHER INFORMATION CONTACT:
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 17
Kristin J. Cunningham, Director
Business Policy, Chief Business Office,
Department of Veterans Affairs, 810
Vermont Avenue NW., Washington, DC
20420; (202) 461–1599. (This is not a
toll-free number.)
§ 1329.300 Whom in the Department of
Commerce does a recipient who is an
individual notify about a criminal drug
conviction?
RIN 2900–AO59
SUPPLEMENTARY INFORMATION:
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 Department of
Commerce office from which it
currently has an award.
AGENCY:
Subpart C— Requirements for
Recipients Who Are Individuals
Copayment for Extended Care
Services
Subpart D—Responsibilities of Agency
Awarding Officials
tkelley on DSK3SPTVN1PROD with PROPOSALS
§ 1329.400 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 1329, 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).
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ACTION:
Department of Veterans Affairs.
Proposed rule.
The Department of Veterans
Affairs (VA) proposes to amend how VA
determines the ‘‘spousal resource
protection amount,’’ which is the
amount of liquid assets of a veteran and
community (i.e., not institutionalized)
spouse that is considered unavailable
when calculating the veteran’s
maximum monthly copayment
obligation for extended care services
longer than 180 days. This proposed
rule would define the ‘‘spousal resource
protection amount’’ by reference to the
Maximum Community Spouse Resource
Standard, which is published each year
by the Centers for Medicare and
Medicaid Services (CMS) and is
adjusted annually based on the
Consumer Price Index. This change
would have the immediate effect of
increasing the spousal resource
protection amount from $89,280 to
$115,920, and would ensure that the
spousal resource protection amount
stays consistent with the comparable
protection for the spouses of Medicaid
recipients.
DATES: Comments must be received on
or before June 21, 2013.
ADDRESSES: Written comments may be
submitted through
SUMMARY:
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Certain
veterans who receive more than 21 days
of extended care services provided or
paid for by VA are liable for copayments
for the care they receive. Section
1710B(d)(2) of title 38, United States
Code, requires VA to develop a
methodology to determine the amount
of those copayments. The methodology
must establish a maximum monthly
copayment based on the income and
assets of the veteran and the veteran’s
spouse, and must protect the spouse of
a veteran from financial hardship by
excluding some of the income and
assets of the veteran and spouse from
the copayment obligation.
VA established its methodology in 38
CFR 17.111. Under the current rule,
veterans who are subject to copayment
obligations must pay $5 to $97 per day,
depending on the type of extended care
received, up to the maximum monthly
copayment amount. Married veterans
who receive over 180 days of extended
care and who have a spouse residing in
the community are eligible for spousal
resource protection. The spousal
resource protection excludes a certain
amount of the veteran’s and spouse’s
liquid assets, the ‘‘spousal resource
protection amount,’’ from consideration
in determining a veteran’s maximum
copayment obligation. Thus, a higher
spousal resource protection amount
provides greater benefit to the veteran
and spouse because it increases the
portion of the family’s liquid assets that
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]]>Agencies
[Federal Register Volume 78, Number 77 (Monday, April 22, 2013)]
[Proposed Rules]
[Pages 23699-23702]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-09044]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Office of the Secretary
2 CFR Part 1329
15 CFR Part 29
[Docket No. 0907271171-91172-01]
RIN 0605-AA28
Implementation of OMB Guidance on Drug-Free Workplace
Requirements
AGENCY: U.S. Department of Commerce.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Commerce is proposing to remove its
regulation implementing the Governmentwide common rule on drug-free
workplace requirements for financial assistance, and issuing a new
regulation to adopt the Office of
[[Page 23700]]
Management and Budget (OMB) guidance. This regulatory action implements
the OMB's initiative to streamline and consolidate into one title of
the CFR all Federal regulations on drug-free workplace requirements for
financial assistance. These changes constitute an administrative
simplification that would make no substantive change in U.S. Department
of Commerce policy or procedures for drug-free workplace.
DATES: Submit comments by May 22, 2013 on any unintended changes this
action makes in U.S. Department of Commerce policies and procedures for
drug-free workplace. All comments on unintended changes will be
considered and, if warranted, U.S. Department of Commerce will revise
the rule.
ADDRESSES: You may submit comments, identified by RIN 0605-AA28, by any
of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Mail: Gary Johnson, Office of Acquisition Management, U.S.
Department of Commerce, Room H-6412, 1401 Constitution Avenue NW.,
Washington, DC 20230.
Hand Delivery/Courier: Same Address as Above.
Instructions: All submissions received must include the agency name
and Regulatory Information Number (RIN) for this rulemaking. All
comments received will be posted without change to Regulations.gov,
including any personal information provided.
FOR FURTHER INFORMATION CONTACT: Gary Johnson, Gjohnso3@doc.gov, 202
482-1679.
SUPPLEMENTARY INFORMATION:
Background
The Drug-Free Workplace Act of 1988, Public Law 100-690, Title V,
Subtitle D; 41 U.S.C. 701, et seq., was enacted as a part of omnibus
drug legislation on November 18, 1988. Federal agencies issued an
interim final common rule to implement the act as it applied to grants
(54 FR 4946, January 31, 1989). The rule was a subpart of the
Governmentwide common rule on nonprocurement suspension and debarment.
The agencies issued a final common rule after consideration of public
comments (55 FR 21681, May 25, 1990).
The agencies proposed an update to the drug-free workplace common
rule in 2002 (67 FR 3266, January 23, 2002) and finalized it in 2003
(68 FR 66534, November 26, 2003). The updated common rule was redrafted
in plain language and adopted as a separate part independent from the
common rule on nonprocurement suspension and debarment. Based on an
amendment to the drug-free workplace requirements in 41 U.S.C. 702
(Pub. L. 105-85, div. A, title VIII, Sec. 809, Nov. 18, 1997, 111 Stat.
1838), the update also allowed multiple enforcement options from which
agencies could select, rather than requiring use of a certification in
all cases.
When it established Title 2 of the CFR as the new central location
for OMB guidance and agency implementing regulations concerning grants
and agreements (69 FR 26276, May 11, 2004), OMB announced its intention
to replace common rules with OMB guidance that agencies could adopt in
brief regulations. OMB began that process by proposing (70 FR 51863,
August 31, 2005) and finalizing (71 FR 66431, November 15, 2006)
Governmentwide guidance on nonprocurement suspension and debarment in 2
CFR Part 180.
As the next step in that process, OMB proposed for comment (73 FR
55776, September 26, 2008) and finalized (74 FR 28149, June 15, 2009)
Governmentwide guidance with policies and procedures to implement drug-
free workplace requirements for financial assistance. The guidance
requires each agency to replace the common rule on drug-free workplace
requirements that the agency previously issued in its own CFR title
with a brief regulation in 2 CFR adopting the Governmentwide policies
and procedures. One advantage of this approach is that it reduces the
total volume of drug-free workplace regulations. A second advantage is
that it collocates OMB's guidance and all of the agencies' implementing
regulations in 2 CFR.
The Current Regulatory Actions
As the OMB guidance requires, the Department of Commerce is taking
two regulatory actions. First, we are proposing to remove the drug-free
workplace common rule from 15 CFR part 29. Second, to replace the
common rule, we propose to issue a brief regulation in 2 CFR part 1329
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 15 CFR part 29.
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))
Pursuant to section 605(b), the Chief Council for Regulations
certified to the Chief Council for Advocacy at the Small Business
Administration that the attached proposed rule, if adopted, will not
have a significant economic impact on a substantial number of small
entities.
The U.S. Department of Commerce is proposing to remove its
regulation implementing the Governmentwide common rule on drug-free
workplace requirements for financial assistance, currently located
within Part 29 of Title 15 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 the OMB's initiative to streamline and consolidate into one
title of the CFR all federal regulations on drug-free workplace
requirements for financial assistance. This regulatory change does not
impact any small entities as these changes constitute an administrative
simplification that would make no substantive change in U.S. Department
of Commerce policy or procedures for drug-free workplace. For the
reasons set forth above, this action will not have a significant 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 proposed 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
[[Page 23701]]
on the distribution of power and responsibilities among the various
levels of government.
List of Subjects
2 CFR Part 1329
Administrative practice and procedure, Drug abuse, Grant programs,
Reporting and recordkeeping requirements.
15 CFR Part 29
Administrative practice and procedure, Drug abuse, Grant programs,
Reporting and recordkeeping requirements.
Issued this 3rd day of April, 2013 at Washington, DC.
Barry E. Berkowitz,
Director for Acquisition Management and Procurement Executive.
Accordingly, for the reasons set forth in the preamble, and under
the authority of 5 U.S.C. 301 and 41 U.S.C. 701 et seq., the U.S.
Department of Commerce proposes to add 2 CFR 1329 and remove 15 CFR 29
as follows:
Title 2--Grants and Agreements
0
1. Add Part 1329 to Subtitle B, Chapter XIII, to read as follows:
PART 1329--REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL
ASSISTANCE)
Sec.
1329.10 What does this part do?
1329.20 Does this Part apply to me?
1329.30 What policies and procedures must I follow?
Subpart A--Purpose and Coverage [Reserved]
Subpart B--Requirements for Recipients Other Than Individuals
1329.225 Whom in the Department of Commerce does a recipient other
than an individual notify about a criminal drug conviction?
Subpart C--Requirements for Recipients Who Are Individuals
1329.300 Whom in the Department of Commerce does a recipient who is
an individual notify about a criminal drug conviction?
Subpart D--Responsibilities of Agency Awarding Officials
1329.400 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
1329.500 Who in the Department of Commerce determines that a
recipient other than an individual violated the requirements of this
part?
1329.505 Who in the Department of Commerce determines that a
recipient who is an individual violated the requirements of this
part?
Subpart F--Definitions [Reserved]
Authority: 5 U.S.C. 301; 41 U.S.C. 701-707.
Sec. 1329.10 What does this part do?
This part requires that the award and administration of Department
of Commerce grants and cooperative agreements comply with Office of
Management and Budget (OMB) guidance implementing the portion of the
Drug-Free Workplace Act of 1988 (41 U.S.C. 701-707, as amended,
hereafter referred to as ``the Act'') that applies to grants. It
thereby--
(a) Gives regulatory effect to the OMB guidance (SubParts A through
F of 2 CFR Part 182) for the Department of Commerce's grants and
cooperative agreements; and
(b) Establishes Department of Commerce 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.
Sec. 1329.20 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 Department of Commerce grant or cooperative
agreement; or
(b) Department of Commerce awarding official.
Sec. 1329.30 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 in this What the
Section of OMB guidance part where supplementation
supplemented clarifies
------------------------------------------------------------------------
(1) 2 CFR 182.225(a).......... Sec. 1329.225 Whom in the Department
of Commerce 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).......... Sec. 1329.300 Whom in the Department
of Commerce 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............. Sec. 1329.500 Who in the Department
of Commerce 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............. Sec. 1329.505 Who in the Department
of Commerce 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.
------------------------------------------------------------------------
[[Page 23702]]
(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,
Department of Commerce 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
Sec. 1329.225 Whom in the Department of Commerce 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 each Department of Commerce
office from which it currently has an award.
Subpart C-- Requirements for Recipients Who Are Individuals
Sec. 1329.300 Whom in the Department of Commerce 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 each Department of Commerce office from which
it currently has an award.
Subpart D--Responsibilities of Agency Awarding Officials
Sec. 1329.400 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 1329, 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
Sec. 1329.500 Who in the Department of Commerce determines that a
recipient other than an individual violated the requirements of this
Part?
The Secretary of Commerce or designee.
Sec. 1329.505 Who in the Department of Commerce determines that a
recipient who is an individual violated the requirements of this Part?
The Secretary of Commerce or designee.
Subpart F--Definitions [Reserved]
Title 15--Commerce and Foreign Trade
PART 29--[Removed and Reserved]
0
2. Remove and reserve Part 29.
[FR Doc. 2013-09044 Filed 4-19-13; 8:45 am]
BILLING CODE 3510-03-P
