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

22205 

Vol. 75, No. 81 

Wednesday, April 28, 2010 

CORPORATION FOR NATIONAL AND 

COMMUNITY SERVICE 

2 CFR Part 2245 

45 CFR Part 2545 

RIN 3045–AA53 

Implementation of OMB Guidance on 

Drug-Free Workplace Requirements 

AGENCY: Corporation for National and 

Community Service. 

ACTION: Final rule. 

SUMMARY: The Corporation for National 

and Community Service (CNCS or the 

Corporation) is removing its regulation 

implementing the Government-wide 

common rule on drug-free workplace 

requirements for financial assistance, 

currently located within part 2545 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 the 

Corporation’s policy or procedures for 

drug-free workplace. 

DATES: This final rule is effective on 

June 28, 2010 without further action. 

Submit comments by May 28, 2010 on 

any unintended changes this action 

makes in the Corporation’s policies and 

procedures for drug-free workplace. All 

comments on unintended changes will 

be considered and, if warranted, the 

Corporation will revise the rule. 

ADDRESSES: You may submit comments, 

identified by the title of this rulemaking, 

by either of the following methods: 

(1) Electronically through the Federal 

government’s one-stop rulemaking Web 

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

(2) By mail sent to: Irshad AbdalHaqq, Office of the General Counsel, 

Corporation for National and 

Community Service, 1201 New York 

Ave. NW., Room 10609, Washington, 

DC 20525 

(3) By hand delivery or by courier to 

the Corporation’s mailroom at Room 

8100 using the name and mailing 

address in paragraph (2) above, between 

9 a.m. and 4 p.m., Monday through 

Friday, except on Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Irshad Abdal-Haqq at 202–606–6675, or 

by e-mail at iabdal-haqq@cns.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 Government-wide 

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]. At that time, the 

updated common rule was redrafted in 

plain language and each agency 

relocated the drug-free workplace 

coverage to its own CFR part and 

removed it from the subpart in the 

suspension and debarment common 

rule. 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] 

Government-wide 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 Government-wide 

policies and procedures. One advantage 

of this approach is that it reduces the 

total volume of drug-free workplace 

regulations. A second advantage is that 

it collocates OMB’s guidance and all of 

the agencies’ implementing regulations 

in 2 CFR. 

The Current Regulatory Actions 

As the OMB guidance requires, the 

Corporation is taking two regulatory 

actions. First, we are removing the drugfree workplace common rule from 45 

CFR part 2545. Second, to replace the 

common rule, we are issuing a brief 

regulation in 2 CFR part 2245 to adopt 

the Government-wide 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 2545. 

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 


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22206 Federal Register / Vol. 75, No. 81 / Wednesday, April 28, 2010 / Rules and Regulations 

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 the 

Corporation 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 June 28, 2010 without 

further action, unless we receive 

adverse comment by May 28, 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 2245 

Administrative practice and 

procedure, Drug abuse, Grant programs, 

Reporting and recordkeeping 

requirements. 

45 CFR Part 2545 

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 and 42 U.S.C. 

12561c(c), the Corporation amends the 

Code of Federal Regulations, Title 2, 

subtitle B, chapter XXII, and Title 45, 

chapter XXV, part 2545, as follows: 

Title 2—Grants and Agreements 

■ 1. Add part 2245 in Subtitle B, 

Chapter XXII, to read as follows: 

PART 2245—REQUIREMENTS FOR 

DRUG-FREE WORKPLACE 

(FINANCIAL ASSISTANCE) 

Sec. 

2245.10 What does this part do? 

2245.20 Does this part apply to me? 

2245.30 What policies and procedures must 

I follow? 

Subpart A—[Reserved] 

Subpart B—Requirements for Recipients 

Other Than Individuals 

2245.225 Whom in the Corporation does a 

recipient other than an individual notify 

about a criminal drug conviction? 

Subpart C—Requirements for Recipients 

Who Are Individuals 

2245.300 Whom in the Corporation does a 

recipient who is an individual notify 

about a criminal drug conviction? 

Subpart D—Responsibilities of Agency 

Awarding Officials 

2245.400 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 

2245.500 Who in the Corporation 

determines that a recipient other than an 

individual violated the requirements of 

this part? 

2245.505 Who in the Corporation 

determines that a recipient who is an 

individual violated the requirements of 

this part? 

Subpart F—[Reserved] 

Authority: 41 U.S.C. 701–707; 42 U.S.C. 

12644. 

§ 2245.10 What does this part do? 

This part requires that the award and 

administration of the Corporation’s 

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 Corporation’s 

grants and cooperative agreements; and 

(b) Establishes the Corporation’s 

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 Government-wide 

implementing regulations. 

§ 2245.20 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 Corporation grant or 

cooperative agreement; or 

(b) A Corporation awarding official. 

§ 2245.30 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) .... § 2245.225 Whom in the Corporation a recipient other than an individual must notify if an employee is convicted for a violation of a criminal drug statute in the workplace. 


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Federal Register / Vol. 75, No. 81 / Wednesday, April 28, 2010 / Rules and Regulations 22207 

1To view the proposed rule and the comments 

we received, go to (http://www.regulations.gov/ 

fdmspublic/component/ 

main?main=DocketDetail&d=APHIS-2008-0050). 

Section of OMB 

guidance 

Section in this 

part where 

supplemented 

What the supplementation clarifies 

(2) 2 CFR 182.300(b) .... § 2245.300 Whom in the Corporation a recipient who is an individual must notify if he or she is convicted of a 

criminal drug offense resulting from a violation occurring during the conduct of any award activity. 

(3) 2 CFR 182.500 ........ § 2245.500 Who in the Corporation 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 ........ § 2245.505 Who in the Corporation 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, 

the Corporation’s 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 

§ 2245.225 Whom in the Corporation 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 

Corporation’s awarding official or other 

designee. 

Subpart C—Requirements for 

Recipients Who Are Individuals 

§ 2245.300 Whom in the Corporation 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 Corporation’s awarding 

official or other designee. 

Subpart D—Responsibilities of Agency 

Awarding Officials 

§ 2245.400 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 obtain each recipient’s 

agreement, as a condition of the award, 

to comply with the requirements in 

subpart B (or subpart C, if the recipient 

is an individual) of 2245, which adopts 

the Government-wide 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 

§ 2245.500 Who in the Corporation 

determines that a recipient other than an 

individual violated the requirements of this 

part? 

The Corporation’s Chief Executive 

Officer or designee is authorized to 

make the determination under 2 CFR 

182.500. 

§ 2245.505 Who in the Corporation 

determines that a recipient who is an 

individual violated the requirements of this 

part? 

The Corporation’s Chief Executive 

Officer or designee is authorized to 

make the determination under 2 CFR 

182.500. 

Subpart F—[Reserved] 

Title 45—Public Welfare 

Chapter XXV—Corporation for National and 

Community Service 

PART 2545—[REMOVED] 

■ 2. Under the authority of 5 U.S.C. 301, 

and 42 U.S.C. 12651c(c), remove part 

2545. 

Dated: April 14, 2010. 

Frank R. Trinity, 

General Counsel. 

[FR Doc. 2010–8989 Filed 4–27–10; 8:45 am] 

BILLING CODE 6050–$$–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 319 

[Docket No. APHIS-2008-0050] 

RIN 0579-AC95 

Importation of Papayas From Colombia 

and Ecuador 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Final rule. 

SUMMARY: We are amending the fruits 

and vegetables regulations to allow, 

under certain conditions, the 

importation of commercial shipments of 

fresh papayas from Colombia and 

Ecuador into the continental United 

States. The conditions for the 

importation of papayas from Colombia 

and Ecuador include requirements for 

field sanitation, hot water treatment, 

and fruit fly trapping in papaya 

production areas. This action allows for 

the importation of papayas from 

Colombia and Ecuador while continuing 

to provide protection against the 

introduction of injurious plant pests 

into the continental United States. 

DATES: Effective Date: May 28, 2010. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Dorothy C. Wayson, Regulatory 

Coordination Specialist, Regulatory 

Coordination and Compliance, PPQ, 

APHIS, 4700 River Road Unit 134, 

Riverdale, MD 20737-1231; (301) 734- 

0772. 

SUPPLEMENTARY INFORMATION: 

Background 

Under the regulations in ‘‘SubpartFruits and Vegetables’’ (7 CFR 319.56 

through 319.56-50, referred to below as 

the regulations), the Animal and Plant 

Health Inspection Service (APHIS) of 

the U.S. Department of Agriculture 

(USDA) prohibits or restricts the 

importation of fruits and vegetables into 

the United States from certain parts of 

the world to prevent plant pests from 

being introduced into and spread within 

the United States. 

On April 21, 2009, we published in 

the Federal Register (74 FR 18161- 

18166, Docket No. APHIS-2008-0050) a 

proposal1 to amend the regulations in 

§ 319.56-25 to allow the importation of 

commercial consignments of fresh 

papayas from Colombia and Ecuador 

subject to a systems approach. Section 

319.56-25 currently sets out conditions 

for the importation of papayas from 

Central America and Brazil; we 


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