39358 Federal Register / Vol. 76, No. 129 / Wednesday, July 6, 2011 / Proposed Rules 

FOR FURTHER INFORMATION CONTACT: 

David Grounds, EPA Region IX, (415) 

972–3019, grounds.david@epa.gov. 

SUPPLEMENTARY INFORMATION: This 

proposal addresses the following local 

rules: ICAPCD Rule 424, KCAPCD Rule 

410.1A, and VCAPCD Rule 74.2.In the 

Rules and Regulations section of this 

Federal Register, we are approving 

these local rules in a direct final action 

without prior proposal because we 

believe these SIP revisions are not 

controversial. If we receive adverse 

comments, however, we will publish a 

timely withdrawal of the direct final 

rule and address the comments in 

subsequent action based on this 

proposed rule. Please note that if we 

receive adverse comment on an 

amendment, paragraph, or section of 

this rule and if that provision may be 

severed from the remainder of the rule, 

we may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment. 

We do not plan to open a second 

comment period, so anyone interested 

in commenting should do so at this 

time. If we do not receive adverse 

comments, no further activity is 

planned. For further information, please 

see the direct final action. 

Dated: May 19, 2011. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

[FR Doc. 2011–16740 Filed 7–5–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2011–0082; FRL–8875–6] 

Receipt of Several Pesticide Petitions 

Filed for Residues of Pesticide 

Chemicals in or on Various 

Commodities 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of filing of petitions and 

request for comment. 

SUMMARY: This document announces the 

Agency’s receipt of several initial filings 

of pesticide petitions requesting the 

establishment or modification of 

regulations for residues of pesticide 

chemicals in or on various commodities. 

DATES: Comments must be received on 

or before August 5, 2011. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number and the pesticide petition 

number (PP) of interest as shown in the 

body of this document, by one of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Mail: Office of Pesticide Programs 

(OPP) Regulatory Public Docket (7502P), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001. 

• Delivery: OPP Regulatory Public 

Docket (7502P), Environmental 

Protection Agency, Rm. S–4400, One 

Potomac Yard (South Bldg.), 2777 S. 

Crystal Dr., Arlington, VA. Deliveries 

are only accepted during the Docket 

Facility’s normal hours of operation 

(8:30 a.m. to 4 p.m., Monday through 

Friday, excluding legal holidays). 

Special arrangements should be made 

for deliveries of boxed information. The 

Docket Facility telephone number is 

(703) 305–5805. 

Instructions: Direct your comments to 

the docket ID number and the pesticide 

petition number of interest as shown in 

the body of this document. EPA’s policy 

is that all comments received will be 

included in the docket without change 

and may be made available on-line at 

http://www.regulations.gov, including 

any personal information provided, 

unless the comment includes 

information claimed to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Do not submit 

information that you consider to be CBI 

or otherwise protected through 

regulations.gov or e-mail. The 

regulations.gov website is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through 

regulations.gov, your e-mail address 

will be automatically captured and 

included as part of the comment that is 

placed in the docket and made available 

on the Internet. If you submit an 

electronic comment, EPA recommends 

that you include your name and other 

contact information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the docket 

are listed in the docket index available 

at http://www.regulations.gov. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either in the 

electronic docket at http:// 

www.regulations.gov, or, if only 

available in hard copy, at the OPP 

Regulatory Public Docket in Rm. S– 

4400, One Potomac Yard (South Bldg.), 

2777 S. Crystal Dr., Arlington, VA. The 

hours of operation of this Docket 

Facility are from 8:30 a.m. to 4 p.m., 

Monday through Friday, excluding legal 

holidays. The Docket Facility telephone 

number is (703) 305–5805. 

FOR FURTHER INFORMATION CONTACT: A 

contact person, with telephone number 

and e-mail address, is listed at the end 

of each pesticide petition summary. You 

may also reach each contact person by 

mail at Registration Division (7505P), 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. Potentially 

affected entities may include, but are 

not limited to: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed at the end of the 

pesticide petition summary of interest. 

B. What should I consider as I prepare 

my comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through 

regulations.gov or e-mail. Clearly mark 

the part or all of the information that 

you claim to be CBI. For CBI 


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information in a disk or CD–ROM that 

you mail to EPA, mark the outside of the 

disk or CD–ROM as CBI and then 

identify electronically within the disk or 

CD–ROM the specific information that 

is claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

2. Tips for preparing your comments. 

When submitting comments, remember 

to: 

i. Identify the document by docket ID 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

ii. Follow directions. The Agency may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

iii. Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

iv. Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

v. If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

vi. Provide specific examples to 

illustrate your concerns and suggest 

alternatives. 

vii. Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

viii. Make sure to submit your 

comments by the comment period 

deadline identified. 

3. Environmental justice. EPA seeks to 

achieve environmental justice, the fair 

treatment and meaningful involvement 

of any group, including minority and/or 

low-income populations, in the 

development, implementation, and 

enforcement of environmental laws, 

regulations, and policies. To help 

address potential environmental justice 

issues, the Agency seeks information on 

any groups or segments of the 

population who, as a result of their 

location, cultural practices, or other 

factors, may have atypical or 

disproportionately high and adverse 

human health impacts or environmental 

effects from exposure to the pesticides 

discussed in this document, compared 

to the general population. 

II. What action is the agency taking? 

EPA is announcing its receipt of 

several pesticide petitions filed under 

section 408 of the Federal Food, Drug, 

and Cosmetic Act (FFDCA), 21 U.S.C. 

346a, requesting the establishment or 

modification of regulations in 40 CFR 

part 174 or part 180 for residues of 

pesticide chemicals in or on various 

food commodities. The Agency is taking 

public comment on the requests before 

responding to the petitioners. EPA is not 

proposing any particular action at this 

time. EPA has determined that the 

pesticide petitions described in this 

document contain the data or 

information prescribed in FFDCA 

section 408(d)(2); however, EPA has not 

fully evaluated the sufficiency of the 

submitted data at this time or whether 

the data support granting of the 

pesticide petitions. After considering 

the public comments, EPA intends to 

evaluate whether and what action may 

be warranted. Additional data may be 

needed before EPA can make a final 

determination on these pesticide 

petitions. 

Pursuant to 40 CFR 180.7(f), a 

summary of each of the petitions that 

are the subject of this document, 

prepared by the petitioner, is included 

in a docket EPA has created for each 

rulemaking. The docket for each of the 

petitions is available on-line at http:// 

www.regulations.gov. 

As specified in FFDCA section 

408(d)(3), (21 U.S.C. 346a(d)(3)), EPA is 

publishing notice of the petition so that 

the public has an opportunity to 

comment on this request for the 

establishment or modification of 

regulations for residues of pesticides in 

or on food commodities. Further 

information on the petition may be 

obtained through the petition summary 

referenced in this unit. 

New Tolerances 

1. PP 0E7754. (EPA–HQ–OPP–2010– 

0820). Quimica Agronomica de Mexico, 

S. de R.L. MI., Calle 18 N° 20501, 

Colonia Impulso, C.P. 31183, 

Chihuahua, Chih., Mexico c/o Gowan 

Company, P.O. Box 5569, Yuma, AZ 

85366, requests to establish a tolerance 

in 40 CFR part 180 for residues of the 

fungicide gentamicin, in or on cucurbits 

(crop group 9) at 0.05 parts per million 

(ppm) and fruiting vegetables (crop 

group 8) at 0.05 ppm. An analytical 

method was developed and used to 

quantitate residues of gentamicin and 

oxytetracycline. Briefly, residues of 

gentamicin were extracted from 

samples. The extraction was conducted 

with a homogenizer and extracts were 

centrifuged and decanted into a mixing 

cylinder. Extraction buffer and 

methanol were added to the centrifuge 

tube, centrifuged, and shaken a total of 

two times, with each extract combined 

in the mixing cylinder. The sample was 

brought to final volume with water and 

mixed in preparation for liquid 

chromatography/tandem mass 

spectrometry (LC/MS/MS) analysis. 

Contact: Shaunta Hill, (703) 347–8961, 

e-mail address: hill.shaunta@epa.gov. 

2. PP 0E7818. (EPA–HQ–OPP–2011– 

0086). Interregional Research Project 

No. 4 (IR–4), 500 College Rd. East, Suite 

201W, Princeton, NJ 08540, proposes to 

establish a tolerance in 40 CFR part 180 

for residues of the fungicide acibenzolar 

S-methyl, in or on low growing berry 

subgroup 13–07G at 0.15 ppm. The 

analytical method involves extraction, 

solid phase cleanup of samples with 

analysis by high performance liquid 

chromatography (HPLC) with ultraviolet 

(UV) detection or confirmatory LC/MS. 

Contact: Sidney C. Jackson, (703) 305– 

7610, e-mail address: 

jackson.sidney@epa.gov. 

3. PP 1E7847. (EPA–HQ–OPP–2010– 

0904). IR–4, 500 College Rd. East, Suite 

201W, Princeton, NJ 08540, proposes to 

establish tolerances in 40 CFR part 180 

for residues of the insecticide bifenazate 

(hydrazine carboxylic acid, 2-(4- 

methoxy-[1,1′-biphenyl]-3-yl) 1- 

methylethyl ester) in or on herb 

subgroup 19A, fresh leaves at 30 ppm; 

herb subgroup 19A, dried leaves, except 

chervil, dried and chive, dried at 140 

ppm; fruit, pome, group 11–10 at 0.75 

ppm; vegetable, fruiting, group 8–10 at 

2.0 ppm; timothy, forage at 140 ppm; 

and timothy, hay at 120 ppm. Chemtura 

Corporation has developed practical 

analytical methodology for detecting 

and measuring residues of bifenazate in 

or on raw agricultural commodities. 

Contact: Andrew Ertman, (703) 308– 

9367, e-mail address: 

ertman.andrew@epa.gov. 

4. PP 1F7838. (EPA–HQ–OPP–2011– 

0427). FMC Corporation, 1735 Market 

St., Philadelphia, PA 19103, requests to 

establish a tolerance in 40 CFR part 180 

for residues of the herbicide 

sulfentrazone (N-[2,4-dichloro-5-[4- 

(difluoromethyl)-4,5-dihydro-3-methyl5-oxo-1H-1,2,4-triazol-1-yl]phenyl]- 

methanesulfonamide) and its 

metabolites 3-hydroxymethylsulfentrazone (N-[2,4-dichloro-5-[4- 

(difluoromethyl)-4,5-dihydro-3- 

hydroxymethyl-5-oxo-1H-1,2,4-triazol-1- 

yl]phenyl]methanesulfonamide) and 3- 

desmethyl sulfentrazone (N-[2,4- 

dichloro-5-[4-(difluoromethyl)-4,5- 

dihydro-5-oxo-1H-1,2,4-triazol-1- 

yl]phenyl]methanesulfonamide), in or 

on crop group10-10 citrus fruit at 0.15 

ppm; crop group 13–07 berry and small 

fruit at 0.15 ppm; crop group14 tree nut 

and pistachio at 0.15 ppm; and crop 

group 18 non-grass animal feed (forage, 

fodder, straw, and hay): Alfalfa, forage 


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at 5 ppm; alfalfa, hay at 20 ppm; alfalfa, 

seed at 3 ppm; clover, forage at 5 ppm; 

clover, hay at 20 ppm; and clover, seed 

at 3 ppm. The analytical enforcement 

method for sulfentrazone was used with 

minor modification that eliminated 

several cleanup and derivatization steps 

that was required for gas 

chromatography/mass spectrometry 

detection (GC/MSD) but not for LC/MS/ 

MS. The analytical method for 

sulfentrazone involves separate analyses 

for parent and its metabolites. The 

parent is analyzed by evaporation and 

reconstitution of the sample prior to 

analysis by LC/MS/MS GC/electron 

capture detection (ECD). The 

metabolites samples were refluxed in 

the presence of acid and cleaned up 

with solid phase extraction prior to 

analysis by LC/MS/MS. Contact: 

Bethany Benbow, (703) 347–8072, email address: benbow.bethany@epa.gov. 

5. PP 1F7839. (EPA–HQ–OPP–2011– 

0428). FMC Corporation, 1735 Market 

St., Philadelphia, PA 19103, requests to 

establish a tolerance in 40 CFR part 180 

for residues of the herbicide 

carfentrazone-ethyl (ethyl-alpha-2- 

dichloro-5-[-4-(difluoromethyl)-4,5- 

dihydro-3-methyl-5-oxo-1 H -1,2,4- 

triazol-1-yl]-4-fluorobenzene 

propanoate) and its metabolite: 

Carfentrazone-chloropropionic acid 

(alpha, 2-dichloro-5-[-4-difluoromethyl)- 

4,5-dihydro-3-methyl-5-oxo-1 H -1,2,4- 

triazol-1-yl]-4-fluorobenzenepropanoic 

acid) in or on crop group 18 non-grass 

animal feed (forage, fodder, straw, and 

hay): Alfalfa, forage at 5 ppm; alfalfa, 

hay at 18 ppm; alfalfa, seed at 10 ppm; 

clover, forage at 5 ppm; clover, hay at 

18 ppm; and clover, seed at 10 ppm. 

The analytical enforcement method for 

carfentrazone-ethyl was used with 

minor modification that eliminated 

several clean-up and derivatization 

steps that was required for GC/MSD but 

not for LC/MS/MS. The analytical 

method for carfentrazone-ethyl involves 

separate analyses for parent and its 

metabolite. The parent is analyzed by 

evaporation and reconstitution of the 

sample prior to analysis by LC/MS/MS 

GC/ECD. The metabolite samples were 

refluxed in the presence of acid and 

cleaned up with solid phase extraction 

prior to analysis by LC/MS/MS. Contact: 

Bethany Benbow, (703) 347–8072, email address: benbow.bethany@epa.gov. 

6. PP 1F7841. (EPA–HQ–OPP–2011– 

0357). Valent U.S.A. Company, 1600 

Riviera Ave., Walnut Creek, CA 94596– 

8025, proposes to establish tolerances in 

40 CFR part 180 for residues of the 

fungicide fenpyrazamine in or on 

almond at 0.02 ppm; almond, hulls at 

1.5 ppm; small fruit vine climbing 

(except fuzzy kiwifruit) subgroup 13– 

07F at 3.5 ppm; raisin at 4.5 ppm; grape, 

juice at 7.0 ppm; lettuce, head at 2.5 

ppm; lettuce, leaf lettuce at 2.5 ppm; 

and low growing berry subgroup 13– 

07G at 3.0 ppm. A practical analytical 

method utilizing LC/MSD is available 

and has been validated for detecting and 

measuring residues of fenpyrazamine 

(fenpyrazamine and S–2188–DC) in and 

on crops. Contact: Gene Benbow, (703) 

347–0235, e-mail address: 

benbow.gene@epa.gov. 

7. PP 1F7844. (EPA–HQ–OPP–2011– 

0403). Nippon Soda Co., Ltd., c/o Nisso 

America, Inc., 45 Broadway, Suite 2120, 

New York, NY 10006, requests to 

establish a tolerance in 40 CFR part 180 

for residues of the insecticide 

acetamiprid, in or on soybean, seed at 

0.02 ppm; and soybean, hulls at 0.04 

ppm. A method was developed that 

involves extraction of acetamiprid from 

soybean matrices with a solvent 

followed by a decantation and filtration 

and finally, analysis by a LC/MS/MS 

method. Contact: Jennifer Urbanski, 

(703) 347–0156, e-mail address: 

urbanski.jennifer@epa.gov. 

Amended Tolerances 

1. PP 0E7818. (EPA–HQ–OPP–2011– 

0086). IR–4, 500 College Rd. East, Suite 

201W, Princeton, NJ 08540, proposes to 

amend the tolerance in 40 CFR 180.561 

for residues of the fungicide 

acibenzolar-S-methyl by combining the 

tables for paragraphs (a)(1) and (a)(2) 

into one table under paragraph (a)(1), 

and by removing paragraph (a)(2). The 

petition further proposes to revise the 

tolerance expression under paragraph 

(a)(1) to read as follows: ‘‘Tolerances are 

established for residues of acibenzolarS-methyl, benzo(1,2,3)thiadiazole-7- 

carbothioic acid-S-methyl ester, 

including its metabolites and 

degradates, in or on the commodities in 

the table below. Compliance with the 

tolerance levels specified below is to be 

determined by measuring only those 

acibenzolar-S-methyl residues 

convertible to benzo(1,2,3)thiadiazole-7- 

carboxylic acid (CGA–210007), 

expressed as the stoichiometric 

equivalent of acibenzolar-S-methyl, in 

or on the commodity.’’ The analytical 

method involves extraction and solid 

phase cleanup of samples with analysis 

by HPLC with UV detection or 

confirmatory LC/MS. Contact: Sidney C. 

Jackson, (703) 305–7610, e-mail address: 

jackson.sidney@epa.gov. 

2. PP 1E7847. (EPA–HQ–OPP–2010– 

0904). IR–4, 500 College Rd. East, Suite 

201W, Princeton, NJ 08540, proposes to 

delete tolerances in 40 CFR 180.572 for 

residues of the insecticide bifenazate: 

Hydrazine carboxylic acid, 2-(4- 

methoxy-[1,1′-biphenyl]-3-yl)- 

methylethyl ester for vegetable, fruiting, 

group 8 and fruit, pome, group 11 upon 

approval of the proposed tolerances 

listed in this petition under ‘‘New 

Tolerance.’’ Contact: Andrew Ertman, 

(703) 308–9367, e-mail address: 

ertman.andrew@epa.gov. 

New Tolerance Exemptions 

1. PP 1E7835. (EPA–HQ–OPP–2011– 

0333). Akzo Nobel Surface Chemistry 

LLC, 909 Mueller Ave., Chattanooga, TN 

37406, proposes to establish an 

exemption from the requirement of a 

tolerance for methacrylic acid sodium 

salt (CAS No. 1260001–65–7) when 

used as a pesticide inert ingredient as a 

dispersant in pesticide formulations 

under 40 CFR 180.960. This petition 

requests the elimination of the need to 

establish a maximum permissible level 

for residues of acrylic acid-benzyl 

methacrylate-1-propanesulfonic acid, 2- 

methyl-2-[(1-oxo-2-propenyl)amino]-, 

monosodium salt copolymer acid 

version in or on all raw agricultural 

commodities. The petitioner believes no 

analytical method is needed because 

this is for an exemption from the 

requirement of a tolerance without any 

numerical limitations and this 

information is generally not required 

when all the criteria for polymer 

exemption per 40 CFR 723.250 are met. 

Contact: William Cutchin, (703) 305– 

7990, e-mail address: 

cutchin.william@epa.gov. 

2. PP 1E7837. (EPA–HQ–OPP–2011– 

0376). Huntsman Corporation, 10003 

Woodloch Forest Dr., The Woodlands, 

TX 77380, requests to establish an 

exemption from the requirement of a 

tolerance in 40 CFR 180.950 for 

butylene carbonate (1, 3-dioxolan-2-one, 

4-ethyl) (CAS No. 4437–85–8) in or on 

all raw agricultural commodities when 

used as a pesticide inert ingredient in 

pesticide formulations. The petitioner 

believes no analytical method is needed 

because they are not applicable or 

required for the establishment of a 

tolerance exemption for inert 

ingredients. Contact: William Cutchin, 

(703) 305–7990, e-mail address: 

cutchin.william@epa.gov. 

3. PP 1E7862. (EPA–HQ–OPP–2011– 

0430). BASF Corporation, 100 Campus 

Dr., Florham Park, NJ 07932, requests to 

establish an exemption from the 

requirement of a tolerance for 2- 

Propenoic acid, polymer with 

ethenylbenzene and (1-methylethenyl) 

benzene, sodium salt (CAS No. 129811– 

24–1) under 40 CFR 180.960 when used 

as a pesticide inert ingredient as a 

dispersant in pesticide formulations 

without limitation. The petitioner 

believes no analytical method is needed 

because they are not applicable or 


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required for the establishment of a 

tolerance exemption for inert 

ingredients. Contact: Alganesh Debesai, 

(703) 308–8353, e-mail address: 

debesai.alganesh@epa.gov. 

List of Subjects 

Environmental protection, 

Agricultural commodities, Feed 

additives, Food additives, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: June 24, 2011. 

Lois Rossi, 

Director, Registration Division, Office of 

Pesticide Programs. 

[FR Doc. 2011–16873 Filed 7–5–11; 8:45 am] 

BILLING CODE 6560–50–P 

CORPORATION FOR NATIONAL AND 

COMMUNITY SERVICE 

45 CFR Parts 2510, 2540, 2551, 2552 

RIN 3045–AA56 

AmeriCorps State/National, Senior 

Companions, Foster Grandparents, 

and Retired and Senior Volunteer 

Program 

AGENCY: Corporation for National and 

Community Service. 

ACTION: Proposed rule with request for 

comments. 

SUMMARY: The Corporation for National 

and Community Service (the 

Corporation) proposes amendments to 

its National Service Criminal History 

Check regulations to require grantees to 

conduct and document criminal history 

checks (including both state criminal 

history checks and FBI fingerprint 

checks) on Senior Companions, Foster 

Grandparents, Retired Senior Volunteer 

Program grant-funded staff, Learn and 

Serve America, AmeriCorps State/ 

National (including Education Award 

Program) participants, and other 

Corporation grant-funded participants 

and grant-funded staff in all Corporation 

programs, who, on a recurring basis, 

have access to children, persons age 60 

and older, or individuals with 

disabilities. 

DATES: To be certain your comments are 

considered, they must reach the 

Corporation on or before August 5, 

2011. 

ADDRESSES: You may send your 

comments electronically through the 

Federal government’s one-stop 

rulemaking Web site at http:// 

www.regulations.gov. You may also mail 

or deliver your comments to Amy 

Borgstrom, Docket Manager, 

Corporation for National and 

Community Service, 1201 New York 

Ave., NW., Washington, DC 20525. 

Members of the public may review 

copies of all communications received 

on this rulemaking at http:// 

www.regulations.gov or at the 

Corporation’s Washington, DC 

headquarters. 

FOR FURTHER INFORMATION CONTACT: 

Amy Borgstrom at (202) 606–6930. The 

TDD/TTY number is (202) 606–3472. 

You may request this notice in an 

alternative format for the visually 

impaired. 

SUPPLEMENTARY INFORMATION: 

List of Topics 

I. Invitation to Comment 

II. Background 

(a) Prior to Passage of the Kennedy Serve 

America Act of 2009 

(b) Expanded Definition of ‘‘Covered 

Individual’’ 

(c) Heightened Standard for Individuals 

With Recurring Access to Vulnerable 

Populations 

III. Contents of Proposed Rule 

(a) Definitions 

(b) Eligibility Criteria—AmeriCorps State 

and National 

(c) National Service Criminal History 

Checks Generally 

(d) Special Rule for Individuals With 

Recurring Access to Vulnerable 

Populations 

(e) Alternative Screening Protocol for 

Individuals With Recurring Access to 

Vulnerable Populations 

(f) Consecutive Terms 

(g) No Unaccompanied Access to 

Vulnerable Populations Pending 

Criminal History Results 

(h) Documentation Requirements 

(i) Costs 

IV. Non-Regulatory Matters 

V. Effective Dates 

VI. Regulatory Procedures 

I. Invitation To Comment 

We invite you to submit comments 

about these proposed regulations online 

at http://www.regulations.gov. To 

ensure that your comments have 

maximum value in helping us develop 

the final regulations, we urge you to 

identify clearly the specific section or 

sections of the proposed regulations that 

each comment addresses and to arrange 

your comments in the same order as the 

proposed regulations. During and after 

the comment period, you may inspect 

public comments about these proposed 

regulations submitted online at http:// 

www.regulations.gov, or in person in 

room 10615, 1201 New York Avenue, 

NW., Washington, DC, between the 

hours of 9 a.m. and 4:30 p.m., Eastern 

Time, Monday through Friday of each 

week except Federal holidays. 

Assistance to Individuals With 

Disabilities in Reviewing the 

Rulemaking Record 

On request, we will supply an 

appropriate aid, such as a reader or 

print magnifier, to an individual with a 

disability who needs assistance to 

review the comments or other 

documents in the public rulemaking 

record for these proposed regulations. If 

you want to schedule an appointment 

for this type of aid, please contact the 

person listed under FOR FURTHER

INFORMATION CONTACT. 

II. Background 

(a) Prior to Passage of the Kennedy 

Serve America Act of 2009 

The Corporation initially engaged in 

rulemaking concerning the requirement 

for grantees to conduct criminal history 

checks on national service participants 

and grant-funded staff in 2007. In that 

rule, the Corporation required programs 

to conduct National Service Criminal 

History Checks—consisting of a 

statewide search of a state’s criminal 

registry (for both the state where the 

individual resides at the time of 

application and the state where the 

individual will be serving) and a check 

of the Department of Justice’s National 

Sex Offender Public Web site 

(NSOPW)—on all ‘‘covered 

individuals.’’ Covered individuals were 

those program staff and participants 

who had recurring access to children, 

the elderly, and to individuals with 

disabilities. Recurring access was 

defined as having contact with 

individuals from one or more of the 

above groups on more than one 

occasion. The regulations did not cover 

the RSVP and Learn and Serve 

programs, nor did they cover the NCCC 

and VISTA programs, which are 

Federally operated programs that have 

their own criminal history 

requirements. 

Those regulations offered the option 

of requesting approval of an alternative 

search procedure (also known as an 

‘‘alternative screening protocol’’ or 

‘‘ASP’’), which would permit an entity 

that could demonstrate that it was 

‘‘prohibited or otherwise precluded 

under state law from complying with a 

Corporation requirement relating to 

criminal history checks or that [it] could 

obtain substantially equivalent or better 

information through an alternative 

process’’ to use a process other than the 

one outlined by the Corporation. (45 

CFR 2540.206). Under this rule, an 

entity had the option of using a national 

FBI fingerprint-based check in lieu of 

the state criminal registry check without 

obtaining prior Corporation approval. 


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