This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

52857 

Vol. 75, No. 167 

Monday, August 30, 2010 

NATIONAL FOUNDATION ON THE 

ARTS AND THE HUMANITIES 

2 CFR Part 3373 

45 CFR Part 1173 

RIN 3136–AA30 

National Endowment for the 

Humanities Implementation of OMB 

Guidance on Drug-Free Workplace 

Requirements 

AGENCY: National Endowment for the 

Humanities, National Foundation on the 

Arts and the Humanities. 

ACTION: Final rule. 

SUMMARY: The National Endowment for 

the Humanities (NEH) is removing its 

regulation implementing the 

Governmentwide common rule on drugfree workplace requirements for 

financial assistance, currently located 

within Part 1173 of Title 45 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. 

These changes constitute an 

administrative simplification that would 

make no substantive change in NEH’s 

policy or procedures for drug-free 

workplace. 

DATES: This final rule is effective on 

October 29, 2010 without further action. 

Submit comments by September 29, 

2010 on any unintended changes this 

action makes in NEH policies and 

procedures for drug-free workplace. All 

comments on unintended changes will 

be considered and, if warranted, NEH 

will revise the rule. 

ADDRESSES: You may submit comments 

by either one of the following methods: 

e-mail: sdaisey@neh.gov, or by mail: 

Susan Daisey, Director, Office of Grant 

Management, National Endowment for 

the Humanities, 1100 Pennsylvania 

Ave., NW., Room 311, Washington, DC 

20506. 

FOR FURTHER INFORMATION CONTACT: 

Susan G. Daisey at 202–606–8494 or 

e-mail her at sdaisey@neh.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The Drug-Free Workplace Act of 1988 

[Pub. L. 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, NEH 

is taking two regulatory actions. First, 

we are removing the drug-free 

workplace common rule from 45 CFR 

part 1173. Second, to replace the 

common rule, we are issuing a brief 

regulation in 2 CFR part 3373 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 45 CFR part 1173. 

Administrative Procedure Act 

Under the Administrative Procedure 

Act (5 U.S.C. 553), agencies generally 

propose a regulation and offer interested 

parties the opportunity to comment 

before it becomes effective. However, as 

described in the ‘‘Background’’ section 

of this preamble, the policies and 

procedures in this regulation have been 

proposed for comment two times—one 

time by Federal agencies as a common 

rule in 2002 and a second time by OMB 

as guidance in 2008—and adopted each 

time after resolution of the comments 

received. 

This direct final rule is solely an 

administrative simplification that would 

make no substantive change in NEH 


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52858 Federal Register / Vol. 75, No. 167 / Monday, August 30, 2010 / Rules and Regulations 

policy or procedures for drug-free 

workplace. We therefore believe that the 

rule is noncontroversial and do not 

expect to receive adverse comments, 

although we are inviting comments on 

any unintended substantive change this 

rule makes. 

Accordingly, we find that the 

solicitation of public comments on this 

direct final rule is unnecessary and that 

‘‘good cause’’ exists under 5 U.S.C. 

553(b)(B) and 553(d) to make this rule 

effective on October 29, 2010 without 

further action, unless we receive 

adverse comment by September 29, 

2010. If any comment on unintended 

changes is received, it will be 

considered and, if warranted, we will 

publish a timely revision of the rule. 

Executive Order 12866 

OMB has determined this rule to be 

not significant for purposes of E.O. 

12866. 

Regulatory Flexibility Act of 1980 

(5 U.S.C. 605(b)) 

This regulatory action will not have a 

significant adverse impact on a 

substantial number of small entities. 

Unfunded Mandates Act of 1995 

(Sec. 202, Pub. L. 104–4) 

This regulatory action does not 

contain a Federal mandate that will 

result in the expenditure by State, local, 

and Tribal governments, in aggregate, or 

by the private sector of $100 million or 

more in any one year. 

Paperwork Reduction Act of 1995 

(44 U.S.C., Chapter 35) 

This regulatory action will not impose 

any additional reporting or 

recordkeeping requirements under the 

Paperwork Reduction Act. 

Federalism (Executive Order 13132) 

This regulatory action does not have 

Federalism implications, as set forth in 

Executive Order 13132. It will not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

List of Subjects 

2 CFR Part 3373 

Administrative practice and 

procedure, Drug abuse, Grant programs, 

Reporting and recordkeeping 

requirements. 

45 CFR Part 1173 

Administrative practice and 

procedure, Drug abuse, Grant programs, 

Reporting and recordkeeping 

requirements. 

■ Accordingly, for the reasons set forth 

in the preamble, and under the 

authority of 5 U.S.C. 301, the NEH 

amends the Code of Federal 

Regulations, Title 2, Subtitle B, chapter 

XXIII, and Title 45 chapter 11, part 

1173, as follows: 

Title 2—Grants and Agreements 

■ 1. Add part 3373 in Subtitle B, 

Chapter XXIII, to read as follows: 

PART 3373—REQUIREMENTS FOR 

DRUG-FREE WORKPLACE 

(FINANCIAL ASSISTANCE) 

Sec. 

3373.10 What does this part do? 

3373.20 Does this part apply to me? 

3373.30 What policies and procedures must 

I follow? 

Subpart A—Purpose and Coverage 

[Reserved] 

Subpart B—Requirements for Recipients 

Other Than Individuals 

3373.225 Whom in the NEH does a 

recipient other than an individual notify 

about a criminal drug conviction? 

Subpart C—Requirements for Recipients 

Who Are Individuals 

3373.300 Whom in the NEH does a 

recipient who is an individual notify 

about a criminal drug conviction? 

Subpart D—Responsibilities of Agency 

Awarding Officials 

3373.400 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 

3373.500 Who in the NEH determines that 

a recipient other than an individual 

violated the requirements of this part? 

3373.505 Who in the NEH determines that 

a recipient who is an individual violated 

the requirements of this part? 

Subpart F—Definitions [Reserved] 

Authority: 41 U.S.C. 701–707. 

§ 3373.10 What does this part do? 

This part requires that the award and 

administration of NEH 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 NEH’s grants and 

cooperative agreements; and 

(b) Establishes NEH 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. 

§ 3373.20 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 NEH grant or 

cooperative agreement; or 

(b) NEH awarding official. 

§ 3373.30 What policies and procedures 

must I follow? 

(a) General. You must follow the 

policies and procedures specified in 

applicable sections of the OMB 

guidance in Subparts A through F of 2 

CFR part 182, as implemented by this 

part. 

(b) Specific sections of OMB guidance 

that this part supplements. In 

implementing the OMB guidance in 2 

CFR part 182, this part supplements 

four sections of the guidance, as shown 

in the following table. For each of those 

sections, you must follow the policies 

and procedures in the OMB guidance, as 

supplemented by this part. 

Section of OMB guidance 

Section in this 

part where 

supplemented 

What the supplementation clarifies 

(1) 2 CFR 182.225(a) ........................................... § 3373.225 Whom in the NEH 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) ........................................... § 3373.300 Whom in the NEH 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. 


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Federal Register / Vol. 75, No. 167 / Monday, August 30, 2010 / Rules and Regulations 52859 

Section of OMB guidance 

Section in this 

part where 

supplemented 

What the supplementation clarifies 

(3) 2 CFR 182.500 ................................................ § 3373.500 Who in the NEH 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 ................................................ § 3373.505 Who in the NEH is authorized to determine that a recipient who is an individual is in violation of the requirements of 2 CFR part 182, as implemented by this part. 

(c) Sections of the OMB guidance that 

this part does not supplement. For any 

section of OMB guidance in Subparts A 

through F of 2 CFR part 182 that is not 

listed in paragraph (b) of this section, 

NEH 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 

§ 3373.225 Whom in the NEH does a 

recipient other than an individual notify 

about a criminal drug conviction? 

A recipient other than an individual 

that is required under 2 CFR 182.225(a) 

to notify Federal agencies about an 

employee’s conviction for a criminal 

drug offense must notify the Director, 

Office of Grant Management, NEH. 

Subpart C—Requirements for 

Recipients Who Are Individuals 

§ 3373.300 Whom in the NEH 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 the Director, Office of Grant 

Management, NEH. 

Subpart D—Responsibilities of Agency 

Awarding Officials 

§ 3373.400 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 

3373, 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 

§ 3373.500 Who in the NEH determines 

that a recipient other than an individual 

violated the requirements of this part? 

The NEH General Counsel is the 

agency official authorized to make the 

determination under 2 CFR 182.500. 

§ 3373.505 Who in the NEH determines 

that a recipient who is an individual violated 

the requirements of this part? 

The NEH General Counsel is the 

agency official authorized to make the 

determination under 2 CFR 182.505. 

Subpart F—Definitions [Reserved] 

Title 45—Public Welfare 

Chapter XI—National Foundation on 

the Arts and the Humanities 

■ 2. Remove Part 1173. 

Michael P. McDonald, 

General Counsel. 

[FR Doc. 2010–21600 Filed 8–27–10; 8:45 am] 

BILLING CODE 7536–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Parts 13, 47, and 91 

[Docket No. FAA–2008–0118; Amdt. Nos. 

13–34, 47–29, 91–318] 

RIN 2120–AI89 

Re-Registration and Renewal of 

Aircraft Registration; OMB Approval of 

Information Collection 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Final rule; approval of the 

information collection. 

SUMMARY: This document announces 

Office of Management and Budget’s 

(OMB’s) approval of the information 

collection requirement contained in the 

FAA’s final rule, ‘‘Re-Registration and 

Renewal of Aircraft Registration,’’ which 

was published on July 20, 2010. 

DATES: The FAA received OMB 

approval for the information collection 

requirements in 14 CFR part 47 on 

August 16, 2010. The rule becomes 

effective on October 1, 2010. 

FOR FURTHER INFORMATION CONTACT: John 

G. Bent, Civil Aviation Registry, Mike 

Monroney Aeronautical Center, 6500 

South MacArthur Boulevard, Oklahoma 

City, OK 73169; telephone: (405) 954– 

4331. 

SUPPLEMENTARY INFORMATION: On July 

20, 2010, the FAA published the final 

rule, ‘‘Re-Registration and Renewal of 

Aircraft Registration’’ (75 FR 41968). 

Over a 3-year period, this rule will 

terminate the registration of all aircraft 

registered before October 1, 2010, and 

will require the re-registration of each 

aircraft to retain U.S. civil aircraft 

status. The rule also establishes a 

system for a 3-year recurrent expiration 

and renewal of registration for all 

aircraft issued a registration certificate 

on or after October 1, 2010. The final 

rule amends the FAA’s regulations to 

provide standards for the timely 

cancellation of registration (N-numbers) 

for unregistered aircraft. This final rule 

makes other minor changes to establish 

consistency and ensure the regulations 

conform to statute or current Registry 

practices. The amendments will 

improve the accuracy of the Civil 

Aviation Registry. 

The rule contained information 

collection requirements that had not yet 

been approved by the Office of 

Management and Budget at the time of 

publication. In accordance with the 

Paperwork Reduction Act, OMB 

approved that request on August 16, 

2010, and assigned the information 

collection OMB Control Number 2120– 

0729. The FAA request was approved by 

OMB for a term of 18 months and 

expires on February 29, 2010. This 

notice is being published to inform 

affected parties of the approval of the 

information collection requirements of 

14 CFR part 47. 

Issued in Washington, DC, on August 24, 

2010. 

Dennis R. Pratte, II, 

Acting Director, Office of Rulemaking. 

[FR Doc. 2010–21561 Filed 8–27–10; 8:45 am] 

BILLING CODE 4910–13–P 


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