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

39443 

Vol. 75, No. 131 

Friday, July 9, 2010 

DEPARTMENT OF ENERGY 

2 CFR Part 902 

10 CFR Part 607 

RIN 1991–AB93 

Implementation of OMB Guidance on 

Drug-Free Workplace Requirements 

AGENCY: Department of Energy. 

ACTION: Final rule. 

SUMMARY: The Department of Energy 

(DOE) is removing its regulation 

implementing the Governmentwide 

common rule on drug-free workplace 

requirements for financial assistance, 

currently located within Part 607 of 

Title 10 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 make 

no substantive change in DOE policy or 

procedures for drug-free workplace. 

DATES: This final rule is effective on 

September 7, 2010 without further 

action. Submit comments by August 9, 

2010 on any unintended changes this 

action makes in DOE policies and 

procedures for drug-free workplace. All 

comments on unintended changes will 

be considered and, if warranted, DOE 

will revise the rule. 

ADDRESSES: Written comments should 

be sent to the following: Denise Clarke, 

Procurement Analyst, MA–612/L’Enfant 

Plaza Building, U.S. Department of 

Energy, 1000 Independence Avenue, 

SW., Washington, DC 20585–1615, 

deniset.clarke@hq.doe.gov. 

E-Mail: Please include 

‘‘Implementation of OMB Guidance on 

Drug-Free Workplace Requirements’’ in 

the subject line of your e-mail message. 

Please include your name, title, 

organization, postal address, telephone 

number, and e-mail address in the text 

of the message. 

Mail: Due to potential delays in DOE’s 

receipt and processing of mail sent 

through the U.S. Postal Service, we 

encourage respondents to submit 

comments electronically to ensure 

timely receipt. 

FOR FURTHER INFORMATION CONTACT: 

Denise Clarke at the above address, or 

by telephone at (202) 287–1748. 

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, Section 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 co-locates OMB’s guidance and all of 

the agencies’ implementing regulations 

in 2 CFR. 

The Current Regulatory Actions 

As the OMB guidance requires, DOE 

is taking two regulatory actions. First, 

we are removing the drug-free 

workplace common rule from 10 CFR 

part 607. Second, to replace the 

common rule, we are issuing a brief 

regulation in 2 CFR part 902 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 10 CFR part 607. 

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 


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39444 Federal Register / Vol. 75, No. 131 / Friday, July 9, 2010 / Rules and Regulations 

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 DOE 

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 September 7, 2010 without 

further action, unless we receive 

adverse comment by August 9, 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. 

Approval of the Office of the Secretary 

of Energy 

The Office of the Secretary has 

approved the issuance of this rule. 

List of Subjects 

2 CFR Part 902 

Administrative practice and 

procedure, Drug abuse, Grant programs, 

Loan programs, Reporting and 

recordkeeping requirements. 

10 CFR Part 607 

Administrative practice and 

procedure, Drug abuse, Grant programs, 

Loan programs, Reporting and 

recordkeeping requirements. 

Issued in Washington, DC on July 2, 2010. 

Patrick M. Ferraro, 

Acting Director, Office of Procurement and 

Assistance Management, Office of 

Management, Department of Energy. 

Joseph F. Waddell, 

Director, Office of Acquisition and Supply 

Management, National Nuclear Security 

Administration. 

Accordingly, for the reasons set forth 

in the preamble, DOE amends the Code 

of Federal Regulations, Title 2, Subtitle 

B, chapter IX, and Title 10, chapter II, 

part 607, as follows: 

Title 2—Grants and Agreements 

■ 1. Add part 902 in Subtitle B, Chapter 

IX, to read as follows: 

PART 902—REQUIREMENTS FOR 

DRUG-FREE WORKPLACE 

(FINANCIAL ASSISTANCE) 

Sec. 

902.10 What does this part do? 

902.20 Does this part apply to me? 

902.30 What policies and procedures must 

I follow? 

Subpart A—Purpose and Coverage 

[Reserved.] 

Subpart B—Requirements for Recipients 

Other Than Individuals 

902.225 Whom in the DOE does a recipient 

other than an individual notify about a 

criminal drug conviction? 

Subpart C—Requirements for Recipients 

Who Are Individuals 

902.300 Whom in the DOE does a recipient 

who is an individual notify about a 

criminal drug conviction? 

Subpart D—Responsibilities of Agency 

Awarding Officials 

902.400 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 

902.500 Who in the DOE determines that a 

recipient other than an individual 

violated the requirements of this part? 

902.505 Who in the DOE determines that a 

recipient who is an individual violated 

the requirements of this part? 

Subpart F—Definitions 

902.605 Award (DOE supplement to 

Governmentwide definition at 2 CFR 

182.605). 

902.645 Federal agency or agency. 

Authority: 41 U.S.C. 701; 42 U.S.C. 7101 

et seq.; 50 U.S.C. 2401 et seq. 

§ 902.10 What does this part do? 

This part requires that the award and 

administration of DOE 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 DOE’s grants and 

cooperative agreements; and 

(b) Establishes DOE 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. 

§ 902.20 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 DOE grant or 

cooperative agreement; or 

(b) DOE awarding official. 

§ 902.30 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. 


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Federal Register / Vol. 75, No. 131 / Friday, July 9, 2010 / Rules and Regulations 39445 

Section of OMB guidance 

Section in this 

part where 

supplemented 

What the supplementation clarifies 

(1) 2 CFR 182.225(a) ................................... § 902.225 Whom in the DOE 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) ................................... § 902.300 Whom in the DOE 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 ........................................ § 902.500 Who in the DOE 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 ........................................ § 902.505 Who in the DOE 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. 

(5) 2 CFR 182.605 ........................................ § 902.605 Definition of ‘‘Award’’. 

(6) 2 CFR 182.645 ........................................ § 902.645 Definition of ‘‘Federal agency or agency’’. 

(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, 

DOE 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 

§ 902.225 Whom in the DOE 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 each DOE 

office from which it currently has an 

award. 

Subpart C—Requirements for 

Recipients Who Are Individuals 

§ 902.300 Whom in the DOE 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 each DOE office from which 

it currently has an award. 

Subpart D—Responsibilities of Agency 

Awarding Officials 

§ 902.400 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 Part 902, 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 

§ 902.500 Who in the DOE determines that 

a recipient other than an individual violated 

the requirements of this part? 

The Secretary of the Department of 

Energy and the Secretary’s designee or 

designees are authorized to make the 

determinations under 2 CFR 182.500 for 

DOE, including NNSA. 

§ 902.505 Who in the DOE determines that 

a recipient who is an individual violated the 

requirements of this part? 

The Secretary of the Department of 

Energy and the Secretary’s designee or 

designees are authorized to make the 

determinations under 2 CFR 182.500 for 

DOE, including NNSA. 

Subpart F—Definitions 

§ 902.605 Award (DOE supplement to 

Governmentwide definition at 2 CFR 

182.605). 

The term award also includes 

Technology Investment Agreements 

(TIA). A TIA is a special type of 

assistance instrument used to increase 

the involvement of commercial firms in 

the Department’s RD&D programs. A 

TIA may be either a type of cooperative 

agreement or a type of assistance 

transaction other than a cooperative 

agreement, depending on the 

intellectual property provisions. A TIA 

may be either expenditure based or 

fixed support. 

§ 902.645 Federal agency or agency. 

Department of Energy means the U.S. 

Department of Energy (DOE), including 

the National Nuclear Security 

Administration (NNSA). 

Title 10—Energy 

CHAPTER II—DEPARTMENT OF ENERGY 

PART 607—[REMOVED] 

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

remove part 607. 

[FR Doc. 2010–16745 Filed 7–8–10; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2010–0279] 

RIN 1625–AA08 

Special Local Regulation; Harrison 

Township Grand Prix, Lake St. Clair, 

Harrison Township, MI 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary special local 

regulation in the Captain of the Port 

Detroit Zone on Lake St. Clair, Harrison 

Township, Michigan. This special local 

regulation is intended to restrict vessels 

from portions of Lake St. Clair during 

the Harrison Township Grand Prix. This 

special local regulation is necessary to 

protect spectators and vessels from the 

hazards associated with powerboat 

races. 

DATES: This rule is effective on July 17, 

2010 through July 18, 2010. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents mentioned in this preamble 

as being available in the docket, are part 

of docket USCG–2010–0279 and are 

available online by going to http:// 

www.regulations.gov, inserting USCG– 

2010–0279 in the ‘‘Keyword’’ box, and 

then clicking ‘‘Search.’’ This material is 


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