Background Checks on Individuals in DoD Child Care Services Programs, 60794-60795 [C1-2014-23061]
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60794
Federal Register / Vol. 79, No. 195 / Wednesday, October 8, 2014 / Proposed Rules
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of FAA Order 7400.9Y,
Airspace Designations and Reporting
Points, dated August 6, 2014 and
effective September 15, 2014, is
amended as follows:
■
Paragraph 6005 Class E airspace areas
extending upward from 700 feet or more
above the surface of the earth.
*
*
*
*
*
AGL ND E5 Edgeley, ND [New]
Edgeley Municipal Airport, ND
(Lat. 46°20′59″ N., long. 098°44′06″ W.)
That airspace extending upward from 700
feet above the surface within a 6.5-mile
radius of Edgeley Municipal Airport.
Issued in Fort Worth, TX, on September 29,
2014.
Robert W. Beck,
Manager, Operations Support Group, ATO
Central Service Center.
[FR Doc. 2014–24037 Filed 10–7–14; 8:45 am]
BILLING CODE 4901–14–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
25 CFR Part 169
[Docket ID: BIA–2014–0001;
DR.5B711.IA000814]
RIN 1076–AF20
Rights-of-Way on Indian Land
Bureau of Indian Affairs,
Interior.
ACTION: Proposed rule; Reopening of
comment period.
AGENCY:
This notice announces that
the Department will accept comments
on the proposed rule governing rightsof-way on Indian land until November
3, 2014.
DATES: Comments on this rule must be
received by November 3, 2014.
ADDRESSES: You may submit comments
by any of the following methods:
• Federal rulemaking portal: https://
www.regulations.gov. The rule is listed
under the agency name ‘‘Bureau of
Indian Affairs.’’ The rule has been
assigned Docket ID: BIA–2014–0001.
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
SUMMARY:
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16:52 Oct 07, 2014
Jkt 235001
Correction
In proposed rule document 2014–
23061 beginning on page 59168 in the
issue of Wednesday, October 1, 2014,
make the following correction:
SUPPLEMENTARY INFORMATION:
Authority: 49 U.S.C. 106(g); 40103, 40113,
40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–
1963 Comp., p. 389.
DEPARTMENT OF DEFENSE
Elizabeth Appel, Director, Office of
Regulatory Affairs & Collaborative
Action, (202) 273–4680;
elizabeth.appel@bia.gov.
1. The authority citation for part 71
continues to read as follows:
■
• Email: consultation@bia.gov.
Include the number 1076–AF20 in the
subject line.
• Mail or hand delivery: Ms.
Elizabeth Appel, Office of Regulatory
Affairs & Collaborative Action, U.S.
Department of the Interior, 1849 C Street
NW., MS 3642, Washington, DC 20240.
Include the number 1076–AF20 on the
envelope.
FOR FURTHER INFORMATION CONTACT:
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
§ 86.6
On June 17, 2014, we published a
proposed rule to comprehensively
update and streamline the process for
obtaining BIA grants of rights-of-way on
Indian land. See 79 FR 34455. On
August 18, 20145, we published an
extension of the comment period,
establishing a new comment deadline of
October 2, 2014. We have received
several requests for an additional
extension of the comment period. On
October 1, 2014, we released a press
release notifying the public that we are
extending the comment period again to
allow additional time for tribal and
public comment. While our intention
was to extend the comment period
before it closed, circumstances
prevented this. For this reason, we will
accept all comments received between
June 17, 2014, and November 3, 2014,
including any comment received
between October 2, 2014, and October 8,
2014.
Please note that none of the following
will be considered or included in the
docket for this rulemaking: Comments
received after November 3, 2014;
comments sent to an address other than
those listed above; or anonymous
comments.
The proposed rule, frequently asked
questions, and other information are
online at: https://www.bia.gov/
WhoWeAre/AS-IA/ORM/RightsofWay/
index.htm.
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
Dated: October 2, 2014.
Kevin K. Washburn,
Assistant Secretary—Indian Affairs.
[FR Doc. 2014–24023 Filed 10–7–14; 8:45 am]
BILLING CODE 4310–W7–P
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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
E:\FR\FM\08OCP1.SGM
[Corrected]
08OCP1
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
Federal Register / Vol. 79, No. 195 / Wednesday, October 8, 2014 / Proposed Rules
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.
VerDate Sep<11>2014
16:52 Oct 07, 2014
Jkt 235001
(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
Environmental Protection
Agency.
ACTION: Proposed rule.
AGENCY:
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
SUMMARY:
PO 00000
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60795
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
E:\FR\FM\08OCP1.SGM
08OCP1
Agencies
[Federal Register Volume 79, Number 195 (Wednesday, October 8, 2014)]
[Proposed Rules]
[Pages 60794-60795]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: C1-2014-23061]
=======================================================================
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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:
Sec. 86.6 [Corrected]
In Sec. 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
[[Page 60795]]
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