AmeriCorps Statement of Organization, 27423-27427 [2023-08403]
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Federal Register / Vol. 88, No. 84 / Tuesday, May 2, 2023 / Proposed Rules
and submissions to the docket in
response to this document, see DHS’s
eRulemaking System of Records notice
(85 FR 14226, March 11, 2020).
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 46 U.S.C. 70034, 70051, 70124;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.3.
2. Add § 165.T07–0135 to read as
follows:
■
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§ 165.T07–0135 Safety Zone; Hurricanes,
Tropical Storms and Other Disasters in
Florida Keys.
(a) Regulated Areas. All navigable
waters within Sector Key West COTP
zone, Key West, Florida, as described in
33 CFR 3.35–40, during specified
conditions.
(b) Definitions.
(1) Designated Representative means
Coast Guard Patrol Commanders,
including Coast Guard coxswains, petty
officers, and other officers operating
Coast Guard vessels, and Federal, state,
and local officers designated by or
assisting the COTP Key West, in the
enforcement of the regulated areas.
(2) Port Condition WHISKEY means a
condition set by the COTP when
weather advisories indicate sustained
gale force winds (39–54 mph/34–47
knots) from a tropical or hurricane force
storm are predicted to make landfall at
the port within 72 hours.
(3) Port Condition X–RAY means a
condition set by the COTP when
weather advisories indicate sustained
gale force winds (39–54 mph/34–47
knots) from a tropical or hurricane force
storm are predicted to make landfall at
the port within 48 hours.
(4) Port Condition YANKEE means a
condition set by the COTP when
weather advisories indicate that
sustained gale force winds (39–54 mph/
34–47 knots) from a tropical or
hurricane force storm are predicted to
make landfall at the port within 24
hours.
(5) Port Condition ZULU means a
condition set by the COTP when
weather advisories indicate that
sustained gale force winds (39–54 mph/
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34–47 knots) from a tropical or
hurricane force storm are predicted to
make landfall at the port within 12
hours.
(c) Regulations.
(1) Port Condition WHISKEY. All
vessel and port facilities must exercise
due diligence in preparation for
potential storm impacts. Ports and
waterfront facilities must begin
removing all debris and securing
potential flying hazards. Oceangoing
vessels 300 gross tons (GT) and above
must make plans to depart no later than
the setting of Port Condition Yankee
unless authorized by the COTP. Vessels
wishing to remain in port are required
to submit an application to the COTP
prior to setting Port Condition X-Ray.
(2) Port Condition X–RAY. All vessels
and port facilities must ensure that
potential flying debris is removed or
secured. Hazardous materials/pollution
hazards must be secured in a safe
manner and away from waterfront areas.
Vessels over 300GT without an approval
to remain in port must depart prior to
the setting of Port Condition YANKEE.
Vessels with the COTP’s permission to
remain in port must implement their
pre-approved mooring arrangement.
Terminal operators must prepare to
terminate all cargo operations. The
COTP may require additional
precautions to ensure the safety of the
ports and waterways.
(3) Port Condition YANKEE. Affected
ports are closed to inbound vessel
traffic. All oceangoing vessels greater
than 300 Gross Tons must have
departed designated ports within the
Sector Key West COTP zone. Terminal
operators must terminate all cargo
operations not associated with storm
preparations. Cargo operations
associated with storm preparations
include moving cargo within or off the
port for securing purposes, port/facility
equipment preparations, and similar
activities, but do not include moving
cargo onto the port or vessel loading/
discharging operations unless
specifically authorized by the COTP. All
facilities must continue to operate in
accordance with approved Facility
Security Plans and comply with the
requirements of the Maritime
Transportation Security Act (MTSA).
(4) Port Condition ZULU. The port is
closed to all vessel traffic except unless
specifically authorized by the COTP.
Cargo operations are suspended,
including bunkering and lightering.
Waivers may be granted unless Cargo of
Particular Hazard or Certain Dangerous
Cargo is involved.
(5) Emergency Restrictions for Other
Disasters. Any natural or other disasters
that are anticipated to affect the Sector
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Key West COTP zone will result in the
prohibition of facility operations and
vessel traffic transiting or remaining in
the affected port.
(6) Safety Zones Notice. Coast Guard
Sector Key West will attempt to notify
the maritime community of periods
during which these safety zones will be
in effect via Broadcast Notice to
Mariners or by on-scene designated
representatives.
(7) Regulated Area Notice. The Coast
Guard will provide notice of the
regulated area via Broadcast Notice to
Mariners or by on-scene designated
representatives.
(8) Exception. This regulation does
not apply to authorized law
enforcement agencies operating within
the regulated area.
Dated: April 18, 2023.
Jason D. Ingram,
Captain, U.S. Coast Guard, Captain of the
Port Key West.
[FR Doc. 2023–09202 Filed 5–1–23; 8:45 am]
BILLING CODE 9110–04–P
CORPORATION FOR NATIONAL AND
COMMUNITY SERVICE
45 CFR Part 2500
RIN 3045–AA83
AmeriCorps Statement of Organization
Corporation for National and
Community Service.
ACTION: Proposed rule.
AGENCY:
The Corporation for National
and Community Service (CNCS), which
operates as AmeriCorps, is proposing a
rule to provide general information to
the public about its structure and
purpose, as required by the
Administrative Procedure Act. While
AmeriCorps already provides
information about its organizational
structure on its public-facing website
(americorps.gov), this rule would
comply with the statutory requirement
that specifically requires agencies to
publish in the Federal Register their
descriptions of organization. This rule
will also increase transparency
regarding AmeriCorps’ operations by
mapping out its existing program
regulations, thereby providing an
overview of the Agency’s programs.
DATES: Written comments must be
submitted by July 3, 2023.
ADDRESSES: You may send your
comments electronically through the
Federal government’s one-stop
rulemaking website at
www.regulations.gov. You may also
send your comments to Elizabeth Appel,
SUMMARY:
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Federal Register / Vol. 88, No. 84 / Tuesday, May 2, 2023 / Proposed Rules
Associate General Counsel, at eappel@
cns.gov or by mail to AmeriCorps, 250
E Street SW, Washington, DC 20525.
FOR FURTHER INFORMATION CONTACT:
Elizabeth Appel, Office of General
Counsel, at (202) 967–5070, or eappel@
cns.gov.
SUPPLEMENTARY INFORMATION:
I. Background
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AmeriCorps, the operating name for
the Corporation for National and
Community Service, is a Federal agency
that engages millions of Americans in
service. AmeriCorps members and
AmeriCorps Seniors volunteers serve
directly with nonprofit, tribal, faithbased, or community organizations to
tackle some of our nation’s most
pressing challenges. Although
AmeriCorps already provides
information about its organizational
structure on its website,
www.americorps.gov, this rule would
comply with the statutory requirement
that specifically requires agencies to
‘‘publish in the Federal Register’’ their
descriptions of organization. See 5
U.S.C. 552(a)(1)(A). This rule will also
increase transparency regarding
AmeriCorps’ operations by mapping out
its existing program regulations, thereby
providing an overview of the Agency’s
programs.
This proposed rule adds AmeriCorps’
organizational information to Code of
Federal Regulations (CFR) part 2500.
Part 2500 already includes information
about AmeriCorps being CNCS’s
operating name and information about
AmeriCorps’ logos. This proposed rule
would redesignate, without substantive
change, the operating name and logo
sections to new sections later in the CFR
part and would add subpart
designations. The following is a
breakdown of the new and redesignated
sections:
Current 45 CFR section
Proposed 45 CFR section
Description of change
2500.1 Agency Operating Name ....
Subpart A—Introduction ........................................................................
2500.1 Creation and authority ...............................................................
2500.2 Agency operating name ............................................................
2500.2 Description of Logos ...........
2500.3 Purpose and mission .................................................................
Subpart B—Organization .......................................................................
2500.10 General ....................................................................................
2500.11 AmeriCorps headquarters .......................................................
2500.12 Region offices ..........................................................................
Subpart C—Programs ...........................................................................
2500.20 Program descriptions ...............................................................
2500.21 Focus areas .............................................................................
Subpart D—Logos .................................................................................
2500.30 Description of logos .................................................................
2500.3 Retirement of Logos ...........
2500.31 Retirement of logos .................................................................
2500.4 Authority to affix logos ........
2500.32 Authority to affix logos .............................................................
New subpart designation.
New section.
Redesignated without substantive
change.
New section.
New subpart designation.
New section.
New section.
New section.
New subpart designation.
New section.
New section.
New subpart designation.
Redesignated without substantive
change.
Redesignated without substantive
change.
Redesignated without substantive
change.
The proposed new sections would
describe AmeriCorps’:
• Statutory basis and origination;
• Purpose, to administer the programs
established under the national service
laws; and mission, to improve lives,
strengthen communities, and foster
civic engagement through service and
volunteering;
• Organization, including the roles of
the Chief Executive Officer and the
Board of Directors;
• Headquarters, including leadership
positions; and region offices, referring to
AmeriCorps’ website for details on
contact information;
• Four main national service
programs: AmeriCorps NCCC,
AmeriCorps Seniors, AmeriCorps State
and National, and AmeriCorps VISTA;
and
• Focus areas, which include but are
not limited to, disaster services,
economic opportunity, education,
environmental stewardship, healthy
futures, and veterans and military
families.
Proposed edits to the sections
addressing AmeriCorps’ logos specify
the logos’ fonts and the direction of the
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flag in the logos and make other minor
grammatical changes.
II. Regulatory Analyses
A. Executive Orders 12866 and 13563
Executive Orders (E.O.) 12866 and
13563 direct agencies to assess all costs
and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. The Office of Information
and Regulatory Affairs in the Office of
Management and Budget has
determined that this is not a significant
regulatory action.
B. Regulatory Flexibility Act
As required by the Regulatory
Flexibility Act of 1980 (5 U.S.C. 601 et
seq.), AmeriCorps certifies that this rule,
if adopted, will not have a significant
economic impact on a substantial
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number of small entities. Therefore,
AmeriCorps has not performed the
initial regulatory flexibility analysis that
is required under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) for
rules that are expected to have such
results.
C. Unfunded Mandates Reform Act of
1995
For purposes of Title II of the
Unfunded Mandates Reform Act of
1995, 2 U.S.C. 1531–1538, as well as
Executive Order 12875, this regulatory
action does not contain any Federal
mandate that may result in increased
expenditures in either Federal, State,
local, or Tribal Governments in the
aggregate, or impose an annual burden
exceeding $100 million on the private
sector.
D. Paperwork Reduction Act
Under the PRA, an agency may not
conduct or sponsor a collection of
information unless the collections of
information display valid control
numbers. This proposed rule does not
include any information collections
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Federal Register / Vol. 88, No. 84 / Tuesday, May 2, 2023 / Proposed Rules
requiring approval by the Office of
Management and Budget.
E. Executive Order 13132, Federalism
Executive Order 13132, Federalism,
prohibits an agency from publishing any
rule that has Federalism implications if
the rule imposes substantial direct
compliance costs on State and local
governments and is not required by
statute, or the rule preempts State law,
unless the agency meets the
consultation and funding requirements
of section 6 of the Executive order. This
rulemaking does not have any
Federalism implications, as described
above.
F. Takings (E.O. 12630)
This proposed rule does not affect a
taking of private property or otherwise
have taking implications under
Executive Order 12630 because this
proposed rule does not affect individual
property rights protected by the Fifth
Amendment or involve a compensable
‘‘taking.’’ A takings implication
assessment is not required.
G. Civil Justice Reform (E.O. 12988)
This proposed rule complies with the
requirements of Executive Order 12988.
Specifically, this rulemaking: (a) meets
the criteria of section 3(a) requiring that
all regulations be reviewed to eliminate
errors and ambiguity and be written to
minimize litigation; and (b) meets the
criteria of section 3(b)(2) requiring that
all regulations be written in clear
language and contain clear legal
standards.
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H. Consultation With Indian Tribes
(E.O. 13175)
AmeriCorps recognizes the inherent
sovereignty of Indian Tribes and their
right to self-governance. We have
evaluated this rulemaking under our
consultation policy and the criteria in
E.O. 13175 and determined that this
proposed rule does not impose
substantial direct effects on Federally
recognized Tribes.
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requirements, please send us comments
(b) Use of AmeriCorps as the agency
by one of the methods listed in the
operating name incorporates the
ADDRESSES section. To help us revise the Corporation for National and
Community Service by reference.
rule, your comments should be as
specific as possible.
§ 2500.3
List of Subjects in 45 CFR Part 2500
Organization and functions
(Government agencies).
For the reasons discussed in the
preamble, under the authority of 42
U.S.C. 12651c(c), the Corporation for
National and Community Service
proposes to revise 45 CFR part 2500 to
read as follows:
■
PART 2500—AMERICORPS
STATEMENT OF ORGANIZATION,
AGENCY OPERATING NAME, AND
LOGOS
Subpart A—Introduction
Sec.
2500.1 Creation and authority.
2500.2 Agency operating name.
2500.3 Purpose and mission.
Subpart B—Organization
2500.10 General.
2500.11 AmeriCorps leadership.
2500.12 Region offices.
Subpart C—Programs
2500.20 Program descriptions.
2500.21 Focus areas.
Authority: 5 U.S.C. 552(a)(1); 42 U.S.C.
4950, et seq., as amended; 42 U.S.C. 12501
et seq., as amended; section 203(c), Pub. L.
103–82, 107 Stat. 892 (42 U.S.C. 12651 note);
Proc. 6662, 59 FR 16507, 3 CFR, 1994 Comp.,
p. 22).
§ 2500.1
Creation and authority.
The National and Community Service
Trust Act of 1993 established the
Corporation for National and
Community Service (CNCS) as a Federal
agency, organized in the form of a
Government corporation within the
Executive Branch, to administer the
national service programs authorized by
the National and Community Service
Act of 1990. CNCS also administers the
national service programs authorized by
the Domestic Volunteer Service Act of
1973, as amended, and previously
administered by the former Federal
ACTION Agency.
§ 2500.2
Agency operating name.
(a) The Corporation for National and
Community Service has adopted
AmeriCorps as its official agency
operating name.
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Purpose and mission.
AmeriCorps’ purpose is to administer
the programs established under the
national service laws. AmeriCorps’
mission is to improve lives, strengthen
communities, and foster civic
engagement through service and
volunteering.
Subpart B—Organization
§ 2500.10
General.
(a) A Chief Executive Officer (CEO)
heads AmeriCorps. The CEO has
authority and control over AmeriCorps
personnel, except those in the Agency’s
Office of Inspector General, and is
responsible for exercising the powers
and fulfilling the duties that are not
reserved to the Board of Directors.
(b) The Board of Directors has
responsibility for setting AmeriCorps’
overall policy, reviewing AmeriCorps’
strategic plan, and fulling other duties
for which it is responsible under the
national service laws.
(c) AmeriCorps consists of
headquarters and region offices, which
serve the States and Territories.
§ 2500.11
Subpart D—Logos
2500.30 Description of logos.
2500.31 Retirement of logos.
2500.32 Authority to affix logos.
Subpart A—Introduction
I. Clarity of This Regulation
We are required by Executive Orders
12866 (section 1(b)(12)), and 12988
(section 3(b)(1)(B)), and 13563 (section
1(a)), and by the Presidential
Memorandum of June 1, 1998, to write
all rules in plain language. This means
that each proposed rule we publish
must: (a) be logically organized; (b) use
the active voice to address readers
directly; (c) use clear language rather
than jargon; (d) be divided into short
sections and sentences; and (e) use lists
and tables wherever possible. If you feel
that we have not met these
27425
AmeriCorps leadership.
(a) AmeriCorps’ leadership conducts
overall planning, coordination of
programs, and all supporting internal
operations. AmeriCorps leadership
includes, but is not limited to, the
following AmeriCorps officials:
(1) CEO
(2) Chief of Staff
(3) General Counsel
(4) Chief Operating Officer
(5) Chief Financial Officer
(6) Chief Program Officer
(7) Chief Diversity and Inclusion
Officer
(8) Directors of AmeriCorps programs
and offices
(b) AmeriCorps’ public website
contains current information on Agency
leadership at www.americorps.gov/
about/our-team/our-leadership.
§ 2500.12
Region offices.
(a) AmeriCorps’ region offices serve
the States and Territories. The
AmeriCorps website contains contact
information for each of these region
offices at www.americorps.gov/contact/
region-offices.
(b) AmeriCorps NCCC has a campus
facility in each of its regions, which
serve the States and Territories. The
AmeriCorps website contains current
information on the locations of and
contact information for each of the
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Federal Register / Vol. 88, No. 84 / Tuesday, May 2, 2023 / Proposed Rules
§ 2500.21
(a) AmeriCorps operates four main
national service programs: AmeriCorps
NCCC, AmeriCorps Seniors,
AmeriCorps State and National, and
AmeriCorps VISTA. Additional
information on each of these programs
and additional AmeriCorps programs is
available at www.americorps.gov.
(1) AmeriCorps NCCC is a full-time
residential service program for
individuals aged 18 to 24 (unless
otherwise authorized), as defined by
statute. Individuals serving in the NCCC
program complete team-based service
projects that respond to priority national
and community needs. AmeriCorps
NCCC program staff recruit, train, and
manage volunteers (called ‘‘members’’)
and partner with organizations that
serve as project sponsors. FEMA Corps
is a sub-program that AmeriCorps NCCC
manages in partnership with the Federal
Emergency Management Agency. It
places members in service positions to
perform disaster public assistance,
planning, preparedness, and recovery
activities.
(2) AmeriCorps Seniors focuses on
providing service opportunities for
individuals aged 55 years or older. It
operates four national service programs:
the Foster Grandparent Program, Senior
Companion Program, RSVP, and the
Senior Demonstration Program. Under
each of these programs, AmeriCorps
Seniors provides grants to sponsoring
organizations to meet priority national
and community needs. The sponsoring
organizations then recruit and enlist
local volunteers, and address
performance measures as required by
grant terms and conditions.
(3) AmeriCorps State and National
provides grants to States, Territories,
Indian Tribes, public and private
nonprofit organizations, local
governments, and institutions of higher
education to carry out national service
programs, offering a wide range of
service opportunities. In addition to
grant funds to support direct
programming, AmeriCorps State and
National also provides general operating
funding for State service commissions.
(4) AmeriCorps VISTA is a program
for individuals aged 18 and older to
participate in full-time service to
strengthen and supplement efforts to
eliminate and alleviate poverty and
poverty-related problems in the United
States. AmeriCorps VISTA partners with
local organizations to recruit, select,
train, and assign volunteers
(‘‘members’’) to work on projects at a
sponsoring organization or one of its
project sites.
(b) In addition to its four main
national service programs, AmeriCorps
also operates several additional
programs and activities. These include
the Martin Luther King, Jr., Day of
Service; the September 11th Day of
Service; the Volunteer Generation Fund;
and other national service programs that
AmeriCorps establishes through
agreements with other Federal agencies.
(c) The AmeriCorps Seniors logo
(Seniors Logo) identifies the highlighted
AmeriCorps Seniors programs and
represents the Agency’s commitment to
programs and volunteer opportunities
for older Americans.
Subpart C—Programs
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§ 2500.20
Program descriptions.
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Focus areas.
Through its programs, AmeriCorps
provides funding and volunteer
opportunities to address pressing unmet
human, educational, environmental,
and public safety needs of the United
States, without displacing existing
workers, and to meet the additional
purposes set out in the national service
laws. AmeriCorps’ focus areas include,
but are not limited to, disaster services,
economic opportunity, education,
environmental stewardship, healthy
futures, and veterans and military
families.
Subpart D—Logos
§ 2500.30
Description of logos.
(a) The AmeriCorps logo (Logo) is the
key element in agency identification. It
provides a visual representation of the
Agency’s role to unite America by
bringing people together to serve
communities. It is symbolic of the way
AmeriCorps members and volunteers
lift and improve communities through
service and volunteering. This Logo
links the graphic communications of all
Agency programs.
(b) The Logo is an image of a solid
circle containing an A where the righthand pillar is a solid block line and the
left-hand pillar is represented by a
flagpole with the flag in motion,
appearing to fly from the left to the right
and forming the A as the flag intersects
with the other pillar. AmeriCorps
appears in bold to the right of the mark.
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NCCC regions at www.americorps.gov/
contact/americorps-nccc-regions.
Federal Register / Vol. 88, No. 84 / Tuesday, May 2, 2023 / Proposed Rules
§ 2500.31
Retirement of logos.
The agency officially retired the dayto-day use of all pre-existing logos,
emblems, and other insignia, except the
Days of Service logos, but does not
relinquish the legal rights to any retired
logos.
§ 2500.32
Authority to affix logos.
Restrictions on the use of AmeriCorps
logos are found in 45 CFR 2540.500
through 2540.560.
Fernando Laguarda,
General Counsel.
[FR Doc. 2023–08403 Filed 5–1–23; 8:45 am]
BILLING CODE 6050–28–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS–R4–ES–2018–0043;
FF09E21000 FXES1111090FEDR 234]
RIN 1018–BD13
Endangered and Threatened Wildlife
and Plants; Threatened Species Status
for Black-Capped Petrel With a Section
4(d) Rule
Fish and Wildlife Service,
Interior.
ACTION: Proposed rule; document
availability and reopening of comment
period.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), announce the
reopening of the public comment period
on our October 9, 2018, proposed rule
to list the black-capped petrel
(Pterodroma hasitata) as a threatened
species under the Endangered Species
Act of 1973, as amended (Act), with a
rule issued under section 4(d) of the Act
to provide for the conservation of this
species. We are reopening the comment
ddrumheller on DSK120RN23PROD with PROPOSALS1
SUMMARY:
16:05 May 01, 2023
The comment period for the
proposed rule published on October 9,
2018, at 83 FR 50560 is reopened. We
will accept comments received or
postmarked on or before June 1, 2023.
Comments submitted electronically
using the Federal eRulemaking Portal
(see ADDRESSES, below) must be
received by 11:59 p.m. eastern time on
the closing date.
DATES:
You may submit comments
by one of the following methods:
(1) Electronically: Go to the Federal
eRulemaking Portal: https://
www.regulations.gov. In the Search box,
enter FWS–R4–ES–2018–0043, which is
the docket number for this rulemaking.
Then, click on the Search button. On the
resulting page, in the panel on the left
side of the screen, under the Document
Type heading, check the Proposed Rule
box to locate this document. You may
submit a comment by clicking on
‘‘Comment.’’
(2) By hard copy: Submit by U.S. mail
to: Public Comments Processing, Attn:
FWS–R4–ES–2018–0043, U.S. Fish and
Wildlife Service, MS: PRB/3W, 5275
Leesburg Pike, Falls Church, VA 22041–
3803.
We request that you send comments
only by the methods described above.
We will post all comments on https://
www.regulations.gov. This generally
means that we will post any personal
information you provide us (see Public
Comments, below, for more
information).
ADDRESSES:
50 CFR Part 17
VerDate Sep<11>2014
period to present significant new
information we have received since
2018 that is relevant to our
consideration of the status of the blackcapped petrel and allow interested
parties to comment. Comments
submitted during the 2018 comment
period do not need to be resubmitted
and will be fully considered in
preparation of our final rule. We
encourage those who may have
commented previously to submit
additional comments, if appropriate, in
light of this new information.
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Availability of supporting materials:
Supporting materials including the new
information are available at https://
www.regulations.gov at Docket No.
FWS–R4–ES–2018–0043.
FOR FURTHER INFORMATION CONTACT:
Edwin Mun˜iz, Field Supervisor, U.S.
Fish and Wildlife Service, Caribbean
Ecological Services Field Office,
caribbean_es@fws.gov; telephone 786–
244–0081. Individuals in the United
States who are deaf, deafblind, hard of
hearing, or have a speech disability may
dial 711 (TTY, TDD, or TeleBraille) to
access telecommunications relay
services. Individuals outside the United
States should use the relay services
offered within their country to make
international calls to the point-ofcontact in the United States.
SUPPLEMENTARY INFORMATION:
Background
On October 9, 2018, we proposed to
list the black-capped petrel as a
threatened species with a rule issued
under section 4(d) of the Act to provide
for the conservation of this species (83
FR 50560). Please refer to the 2018
proposed rule for information about the
black-capped petrel, its status, its
threats, and a summary of factors
affecting the species. The proposed rule
also includes detailed descriptions of
previous Federal actions concerning this
species. At the time of the proposed
rule, we also publicly made available
the Species Status Assessment (SSA)
report that includes additional details
regarding the species. The SSA report
(version 1.1; Service 2018) can be found
at https://www.regulations.gov, docket
no. FWS–R4–ES–2018–0043, as
Supporting and Related Materials.
Since the 2018 proposed rule, we
have received new or updated
information regarding the black-capped
petrel’s life history, range, habitat, and
factors influencing the species’ viability.
The information indicates the
magnitude of threats is likely greater
than we had previously assessed. A
E:\FR\FM\02MYP1.SGM
02MYP1
EP02MY23.001</GPH>
(d) The Seniors Logo contains the
word Seniors beneath AmeriCorps, to
the right of the circle containing the A.
27427
]]>Agencies
[Federal Register Volume 88, Number 84 (Tuesday, May 2, 2023)]
[Proposed Rules]
[Pages 27423-27427]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08403]
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CORPORATION FOR NATIONAL AND COMMUNITY SERVICE
45 CFR Part 2500
RIN 3045-AA83
AmeriCorps Statement of Organization
AGENCY: Corporation for National and Community Service.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Corporation for National and Community Service (CNCS),
which operates as AmeriCorps, is proposing a rule to provide general
information to the public about its structure and purpose, as required
by the Administrative Procedure Act. While AmeriCorps already provides
information about its organizational structure on its public-facing
website (americorps.gov), this rule would comply with the statutory
requirement that specifically requires agencies to publish in the
Federal Register their descriptions of organization. This rule will
also increase transparency regarding AmeriCorps' operations by mapping
out its existing program regulations, thereby providing an overview of
the Agency's programs.
DATES: Written comments must be submitted by July 3, 2023.
ADDRESSES: You may send your comments electronically through the
Federal government's one-stop rulemaking website at
www.regulations.gov. You may also send your comments to Elizabeth
Appel,
[[Page 27424]]
Associate General Counsel, at [email protected] or by mail to AmeriCorps,
250 E Street SW, Washington, DC 20525.
FOR FURTHER INFORMATION CONTACT: Elizabeth Appel, Office of General
Counsel, at (202) 967-5070, or [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
AmeriCorps, the operating name for the Corporation for National and
Community Service, is a Federal agency that engages millions of
Americans in service. AmeriCorps members and AmeriCorps Seniors
volunteers serve directly with nonprofit, tribal, faith-based, or
community organizations to tackle some of our nation's most pressing
challenges. Although AmeriCorps already provides information about its
organizational structure on its website, www.americorps.gov, this rule
would comply with the statutory requirement that specifically requires
agencies to ``publish in the Federal Register'' their descriptions of
organization. See 5 U.S.C. 552(a)(1)(A). This rule will also increase
transparency regarding AmeriCorps' operations by mapping out its
existing program regulations, thereby providing an overview of the
Agency's programs.
This proposed rule adds AmeriCorps' organizational information to
Code of Federal Regulations (CFR) part 2500. Part 2500 already includes
information about AmeriCorps being CNCS's operating name and
information about AmeriCorps' logos. This proposed rule would
redesignate, without substantive change, the operating name and logo
sections to new sections later in the CFR part and would add subpart
designations. The following is a breakdown of the new and redesignated
sections:
------------------------------------------------------------------------
Proposed 45 CFR Description of
Current 45 CFR section section change
------------------------------------------------------------------------
Subpart A-- New subpart
Introduction. designation.
2500.1 Creation and New section.
authority.
2500.1 Agency Operating Name.. 2500.2 Agency Redesignated
operating name. without
substantive
change.
2500.3 Purpose and New section.
mission.
Subpart B-- New subpart
Organization. designation.
2500.10 General....... New section.
2500.11 AmeriCorps New section.
headquarters.
2500.12 Region offices New section.
Subpart C--Programs... New subpart
designation.
2500.20 Program New section.
descriptions.
2500.21 Focus areas... New section.
Subpart D--Logos...... New subpart
designation.
2500.2 Description of Logos... 2500.30 Description of Redesignated
logos. without
substantive
change.
2500.3 Retirement of Logos.... 2500.31 Retirement of Redesignated
logos. without
substantive
change.
2500.4 Authority to affix 2500.32 Authority to Redesignated
logos. affix logos. without
substantive
change.
------------------------------------------------------------------------
The proposed new sections would describe AmeriCorps':
Statutory basis and origination;
Purpose, to administer the programs established under the
national service laws; and mission, to improve lives, strengthen
communities, and foster civic engagement through service and
volunteering;
Organization, including the roles of the Chief Executive
Officer and the Board of Directors;
Headquarters, including leadership positions; and region
offices, referring to AmeriCorps' website for details on contact
information;
Four main national service programs: AmeriCorps NCCC,
AmeriCorps Seniors, AmeriCorps State and National, and AmeriCorps
VISTA; and
Focus areas, which include but are not limited to,
disaster services, economic opportunity, education, environmental
stewardship, healthy futures, and veterans and military families.
Proposed edits to the sections addressing AmeriCorps' logos specify
the logos' fonts and the direction of the flag in the logos and make
other minor grammatical changes.
II. Regulatory Analyses
A. Executive Orders 12866 and 13563
Executive Orders (E.O.) 12866 and 13563 direct agencies to assess
all costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). E.O.
13563 emphasizes the importance of quantifying both costs and benefits,
of reducing costs, of harmonizing rules, and of promoting flexibility.
The Office of Information and Regulatory Affairs in the Office of
Management and Budget has determined that this is not a significant
regulatory action.
B. Regulatory Flexibility Act
As required by the Regulatory Flexibility Act of 1980 (5 U.S.C. 601
et seq.), AmeriCorps certifies that this rule, if adopted, will not
have a significant economic impact on a substantial number of small
entities. Therefore, AmeriCorps has not performed the initial
regulatory flexibility analysis that is required under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) for rules that are expected to
have such results.
C. Unfunded Mandates Reform Act of 1995
For purposes of Title II of the Unfunded Mandates Reform Act of
1995, 2 U.S.C. 1531-1538, as well as Executive Order 12875, this
regulatory action does not contain any Federal mandate that may result
in increased expenditures in either Federal, State, local, or Tribal
Governments in the aggregate, or impose an annual burden exceeding $100
million on the private sector.
D. Paperwork Reduction Act
Under the PRA, an agency may not conduct or sponsor a collection of
information unless the collections of information display valid control
numbers. This proposed rule does not include any information
collections
[[Page 27425]]
requiring approval by the Office of Management and Budget.
E. Executive Order 13132, Federalism
Executive Order 13132, Federalism, prohibits an agency from
publishing any rule that has Federalism implications if the rule
imposes substantial direct compliance costs on State and local
governments and is not required by statute, or the rule preempts State
law, unless the agency meets the consultation and funding requirements
of section 6 of the Executive order. This rulemaking does not have any
Federalism implications, as described above.
F. Takings (E.O. 12630)
This proposed rule does not affect a taking of private property or
otherwise have taking implications under Executive Order 12630 because
this proposed rule does not affect individual property rights protected
by the Fifth Amendment or involve a compensable ``taking.'' A takings
implication assessment is not required.
G. Civil Justice Reform (E.O. 12988)
This proposed rule complies with the requirements of Executive
Order 12988. Specifically, this rulemaking: (a) meets the criteria of
section 3(a) requiring that all regulations be reviewed to eliminate
errors and ambiguity and be written to minimize litigation; and (b)
meets the criteria of section 3(b)(2) requiring that all regulations be
written in clear language and contain clear legal standards.
H. Consultation With Indian Tribes (E.O. 13175)
AmeriCorps recognizes the inherent sovereignty of Indian Tribes and
their right to self-governance. We have evaluated this rulemaking under
our consultation policy and the criteria in E.O. 13175 and determined
that this proposed rule does not impose substantial direct effects on
Federally recognized Tribes.
I. Clarity of This Regulation
We are required by Executive Orders 12866 (section 1(b)(12)), and
12988 (section 3(b)(1)(B)), and 13563 (section 1(a)), and by the
Presidential Memorandum of June 1, 1998, to write all rules in plain
language. This means that each proposed rule we publish must: (a) be
logically organized; (b) use the active voice to address readers
directly; (c) use clear language rather than jargon; (d) be divided
into short sections and sentences; and (e) use lists and tables
wherever possible. If you feel that we have not met these requirements,
please send us comments by one of the methods listed in the ADDRESSES
section. To help us revise the rule, your comments should be as
specific as possible.
List of Subjects in 45 CFR Part 2500
Organization and functions (Government agencies).
0
For the reasons discussed in the preamble, under the authority of 42
U.S.C. 12651c(c), the Corporation for National and Community Service
proposes to revise 45 CFR part 2500 to read as follows:
PART 2500--AMERICORPS STATEMENT OF ORGANIZATION, AGENCY OPERATING
NAME, AND LOGOS
Subpart A--Introduction
Sec.
2500.1 Creation and authority.
2500.2 Agency operating name.
2500.3 Purpose and mission.
Subpart B--Organization
2500.10 General.
2500.11 AmeriCorps leadership.
2500.12 Region offices.
Subpart C--Programs
2500.20 Program descriptions.
2500.21 Focus areas.
Subpart D--Logos
2500.30 Description of logos.
2500.31 Retirement of logos.
2500.32 Authority to affix logos.
Authority: 5 U.S.C. 552(a)(1); 42 U.S.C. 4950, et seq., as
amended; 42 U.S.C. 12501 et seq., as amended; section 203(c), Pub.
L. 103-82, 107 Stat. 892 (42 U.S.C. 12651 note); Proc. 6662, 59 FR
16507, 3 CFR, 1994 Comp., p. 22).
Subpart A--Introduction
Sec. 2500.1 Creation and authority.
The National and Community Service Trust Act of 1993 established
the Corporation for National and Community Service (CNCS) as a Federal
agency, organized in the form of a Government corporation within the
Executive Branch, to administer the national service programs
authorized by the National and Community Service Act of 1990. CNCS also
administers the national service programs authorized by the Domestic
Volunteer Service Act of 1973, as amended, and previously administered
by the former Federal ACTION Agency.
Sec. 2500.2 Agency operating name.
(a) The Corporation for National and Community Service has adopted
AmeriCorps as its official agency operating name.
(b) Use of AmeriCorps as the agency operating name incorporates the
Corporation for National and Community Service by reference.
Sec. 2500.3 Purpose and mission.
AmeriCorps' purpose is to administer the programs established under
the national service laws. AmeriCorps' mission is to improve lives,
strengthen communities, and foster civic engagement through service and
volunteering.
Subpart B--Organization
Sec. 2500.10 General.
(a) A Chief Executive Officer (CEO) heads AmeriCorps. The CEO has
authority and control over AmeriCorps personnel, except those in the
Agency's Office of Inspector General, and is responsible for exercising
the powers and fulfilling the duties that are not reserved to the Board
of Directors.
(b) The Board of Directors has responsibility for setting
AmeriCorps' overall policy, reviewing AmeriCorps' strategic plan, and
fulling other duties for which it is responsible under the national
service laws.
(c) AmeriCorps consists of headquarters and region offices, which
serve the States and Territories.
Sec. 2500.11 AmeriCorps leadership.
(a) AmeriCorps' leadership conducts overall planning, coordination
of programs, and all supporting internal operations. AmeriCorps
leadership includes, but is not limited to, the following AmeriCorps
officials:
(1) CEO
(2) Chief of Staff
(3) General Counsel
(4) Chief Operating Officer
(5) Chief Financial Officer
(6) Chief Program Officer
(7) Chief Diversity and Inclusion Officer
(8) Directors of AmeriCorps programs and offices
(b) AmeriCorps' public website contains current information on
Agency leadership at www.americorps.gov/about/our-team/our-leadership.
Sec. 2500.12 Region offices.
(a) AmeriCorps' region offices serve the States and Territories.
The AmeriCorps website contains contact information for each of these
region offices at www.americorps.gov/contact/region-offices.
(b) AmeriCorps NCCC has a campus facility in each of its regions,
which serve the States and Territories. The AmeriCorps website contains
current information on the locations of and contact information for
each of the
[[Page 27426]]
NCCC regions at www.americorps.gov/contact/americorps-nccc-regions.
Subpart C--Programs
Sec. 2500.20 Program descriptions.
(a) AmeriCorps operates four main national service programs:
AmeriCorps NCCC, AmeriCorps Seniors, AmeriCorps State and National, and
AmeriCorps VISTA. Additional information on each of these programs and
additional AmeriCorps programs is available at www.americorps.gov.
(1) AmeriCorps NCCC is a full-time residential service program for
individuals aged 18 to 24 (unless otherwise authorized), as defined by
statute. Individuals serving in the NCCC program complete team-based
service projects that respond to priority national and community needs.
AmeriCorps NCCC program staff recruit, train, and manage volunteers
(called ``members'') and partner with organizations that serve as
project sponsors. FEMA Corps is a sub-program that AmeriCorps NCCC
manages in partnership with the Federal Emergency Management Agency. It
places members in service positions to perform disaster public
assistance, planning, preparedness, and recovery activities.
(2) AmeriCorps Seniors focuses on providing service opportunities
for individuals aged 55 years or older. It operates four national
service programs: the Foster Grandparent Program, Senior Companion
Program, RSVP, and the Senior Demonstration Program. Under each of
these programs, AmeriCorps Seniors provides grants to sponsoring
organizations to meet priority national and community needs. The
sponsoring organizations then recruit and enlist local volunteers, and
address performance measures as required by grant terms and conditions.
(3) AmeriCorps State and National provides grants to States,
Territories, Indian Tribes, public and private nonprofit organizations,
local governments, and institutions of higher education to carry out
national service programs, offering a wide range of service
opportunities. In addition to grant funds to support direct
programming, AmeriCorps State and National also provides general
operating funding for State service commissions.
(4) AmeriCorps VISTA is a program for individuals aged 18 and older
to participate in full-time service to strengthen and supplement
efforts to eliminate and alleviate poverty and poverty-related problems
in the United States. AmeriCorps VISTA partners with local
organizations to recruit, select, train, and assign volunteers
(``members'') to work on projects at a sponsoring organization or one
of its project sites.
(b) In addition to its four main national service programs,
AmeriCorps also operates several additional programs and activities.
These include the Martin Luther King, Jr., Day of Service; the
September 11th Day of Service; the Volunteer Generation Fund; and other
national service programs that AmeriCorps establishes through
agreements with other Federal agencies.
Sec. 2500.21 Focus areas.
Through its programs, AmeriCorps provides funding and volunteer
opportunities to address pressing unmet human, educational,
environmental, and public safety needs of the United States, without
displacing existing workers, and to meet the additional purposes set
out in the national service laws. AmeriCorps' focus areas include, but
are not limited to, disaster services, economic opportunity, education,
environmental stewardship, healthy futures, and veterans and military
families.
Subpart D--Logos
Sec. 2500.30 Description of logos.
(a) The AmeriCorps logo (Logo) is the key element in agency
identification. It provides a visual representation of the Agency's
role to unite America by bringing people together to serve communities.
It is symbolic of the way AmeriCorps members and volunteers lift and
improve communities through service and volunteering. This Logo links
the graphic communications of all Agency programs.
(b) The Logo is an image of a solid circle containing an A where
the right-hand pillar is a solid block line and the left-hand pillar is
represented by a flagpole with the flag in motion, appearing to fly
from the left to the right and forming the A as the flag intersects
with the other pillar. AmeriCorps appears in bold to the right of the
mark.
[GRAPHIC] [TIFF OMITTED] TP02MY23.000
(c) The AmeriCorps Seniors logo (Seniors Logo) identifies the
highlighted AmeriCorps Seniors programs and represents the Agency's
commitment to programs and volunteer opportunities for older Americans.
[[Page 27427]]
[GRAPHIC] [TIFF OMITTED] TP02MY23.001
(d) The Seniors Logo contains the word Seniors beneath AmeriCorps,
to the right of the circle containing the A.
Sec. 2500.31 Retirement of logos.
The agency officially retired the day-to-day use of all pre-
existing logos, emblems, and other insignia, except the Days of Service
logos, but does not relinquish the legal rights to any retired logos.
Sec. 2500.32 Authority to affix logos.
Restrictions on the use of AmeriCorps logos are found in 45 CFR
2540.500 through 2540.560.
Fernando Laguarda,
General Counsel.
[FR Doc. 2023-08403 Filed 5-1-23; 8:45 am]
BILLING CODE 6050-28-P
