Federal Register / Vol. 76, No. 145 / Thursday, July 28, 2011 / Proposed Rules 45211 

(5) Are not married or joined in a civil 

union to anyone else; 

(6) Are not the domestic partner of 

anyone else; 

(7) Are not related in a way that, if 

they were of opposite sex, would 

prohibit legal marriage in the U.S. 

jurisdiction in which the domestic 

partnership was formed; 

(8) Are willing to certify, if required 

by the agency, that they understand that 

willful falsification of any 

documentation required to establish that 

an individual is in a domestic 

partnership may lead to disciplinary 

action and the recovery of the cost of 

benefits received related to such 

falsification, as well as constitute a 

criminal violation under 18 U.S.C. 1001, 

and that the method for securing such 

certification, if required, will be 

determined by the agency; and 

(9) Are willing promptly to disclose, 

if required by the agency, any 

dissolution or material change in the 

status of the domestic partnership. 

Employee means an employee as 

defined in section 2105 of title 5, United 

States Code. 

Executive agency means an Executive 

agency as defined in 5 U.S.C. 105 but 

does not include the Government 

Accountability Office. 

Federally-sponsored child care center 

means a child care center located in a 

building or space that is owned or 

leased by the Federal Government. 

OPM means the U.S. Office of 

Personnel Management. 

§ 792.203 Child care subsidy programs; 

eligibility. 

(a)(1) An Executive agency may 

establish a child care subsidy program 

in which the agency uses appropriated 

funds, in accordance with this subpart, 

to assist lower-income employees of the 

agency with their child care costs. The 

assistance may be provided for both 

full-time and part-time child care, and 

may include before-and-after-school 

programs and daytime summer 

programs. 

(2) Two or more agencies may pool 

their funds to establish a child care 

subsidy program for the benefit of 

employees who are served by a 

Federally-sponsored child care center in 

a multi-tenant facility. 

(3)(i) Except as provided under 

paragraph (a)(3)(ii) of this section, an 

agency may impose restrictions on the 

use of appropriated funds for its child 

care subsidy program based on 

consideration of employees’ needs, its 

own staffing needs, the local availability 

of child care, and other factors as 

determined by the agency. For example, 

an agency may decide to restrict 

eligibility for subsidies to— 

(I) Full-time permanent employees; 

(II) Employees using an agency on-site 

child care center; 

(III) Employees using full-time child 

care; or 

(IV) Employees using child care in 

specific locations. 

(ii) An agency may not limit the 

payment of subsidies to only accredited 

child care providers. 

(b) Subject to any restrictions 

applicable under paragraph (a)(3)(i) of 

this section, an employee who qualifies 

as a lower-income employee under the 

agency’s child care subsidy program is 

eligible to receive a child care subsidy 

for the care of each child under age 13 

or, in the case of a disabled child, under 

age 18. 

§ 792.204 Agency responsibilities; 

reporting requirement. 

(a) Before funds may be obligated as 

provided in this subpart, an agency 

intending to initiate a child care subsidy 

program must provide notice to the 

Subcommittees on Financial Services 

and General Government of the House 

and Senate Appropriations Committees, 

as well as to OPM. 

(b) Agencies must notify the 

committees referred to in paragraph (a) 

of this section and OPM annually of 

their intention to provide child care 

subsidies. Funds may be obligated 

immediately after the notifications have 

been made. 

(c) Agencies are responsible for 

tracking the utilization of their funds 

and reporting the results to OPM in a 

manner prescribed by OPM. 

(d) OPM will produce a biannual 

report on agencies’ use of the authority 

to pay child care subsidies; however, 

OPM will collect annual data from the 

agencies. 

§ 792.205 Administration of child care 

subsidy programs. 

(a) An agency may administer its 

child care subsidy program directly or 

by contract with another entity, using 

procedures prescribed under the Federal 

Acquisition Regulations. Regardless of 

what entity administers the program, 

the Federal agency is responsible for 

establishing how eligibility and subsidy 

amounts will be determined. 

(b) An agency contract must specify 

that any unexpended funds will be 

returned to the agency after the contract 

is completed. 

§ 792.206 Payment of subsidies. 

(a) Payment of child care subsidies 

must be made directly to child care 

providers, unless one of the following 

exceptions applies: 

(1) In overseas locations, the agency 

may pay the employee if the provider 

deals only in foreign currency. 

(2) In unique circumstances, an 

agency may obtain written permission 

from OPM to pay the employee directly. 

(b) An agency may make advance 

payments to a child care provider in 

certain circumstances, such as when the 

provider requires payment up to one 

month in advance of rendering services. 

An agency may not make advance 

payments for more than one month 

before the employee receives child care 

services except where an agency has 

contracted with another entity to 

administer the child care subsidy 

program, in which case the agency may 

advance payments to the entity 

administering the program as long as the 

requirements in § 792.205(b) are met. 

[FR Doc. 2011–18976 Filed 7–27–11; 8:45 am] 

BILLING CODE 6325–39–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0555; Directorate 

Identifier 2009–NE–18–AD] 

Airworthiness Directives; Honeywell 

International Inc. TPE331–10 and 

TPE331–11 Series Turboprop Engines 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Proposed rule; withdrawal. 

SUMMARY: This action withdraws a 

notice of proposed rulemaking (NPRM) 

that proposed an airworthiness directive 

(AD) supersedure, applicable to 

Honeywell International Inc. TPE331– 

10 and TPE331–11 series turboprop 

engines. That action would have 

required adding 360 first stage turbine 

disk serial numbers (S/Ns) to the 

applicability. Since we issued that 

NPRM, we decided not to supersede AD 

2009–17–05, but instead to issue a new 

NPRM for those additional 360 parts. 

Accordingly, we withdraw the proposed 

rule. 

FOR FURTHER INFORMATION CONTACT: 

Joseph Costa, Aerospace Engineer, Los 

Angeles Aircraft Certification Office, 

FAA, Transport Airplane Directorate, 

3960 Paramount Blvd., Lakewood, CA 

90712–4137; phone: 562–627–5246; fax: 

562–627–5210; e-mail: 

joseph.costa@faa.gov. 

SUPPLEMENTARY INFORMATION: A 

proposal to amend part 39 of the Federal 

Aviation Regulations (14 CFR part 39) to 

add a new airworthiness directive (AD), 


rmajette on DSK89S0YB1PROD with PROPOSALS
45212 Federal Register / Vol. 76, No. 145 / Thursday, July 28, 2011 / Proposed Rules 

applicable to Honeywell International 

Inc. TPE331–10 and TPE331–11 series 

turboprop engines, was published in the 

Federal Register on June 22, 2010 (75 

FR 35354). The proposed rule would 

have added 360 S/Ns to the 

applicability of AD 2009–17–05. The 

proposed actions were intended to 

prevent uncontained failure of the first 

stage turbine disk and damage to the 

airplane. 

Since we issued that NPRM, we 

decided not to supersede AD 2009–17– 

05, as doing so would require us to 

bring forward the effectivity dates for 

removal or inspection of the suspect 

turbine disks listed in the AD. Instead, 

we are planning to issue a new NPRM 

that will address the additional 360 

turbine disk S/Ns requiring inspection 

or removal. 

Since this action only withdraws a 

notice of proposed rulemaking, it is 

neither a proposed nor a final rule and 

therefore, is not covered under 

Executive Order 12866, the Regulatory 

Flexibility Act, or DOT Regulatory 

Policies and Procedures (44 FR 11034, 

February 26, 1979). 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Safety. 

The Withdrawal 

Accordingly, the notice of proposed 

rulemaking, Docket No. FAA–2009– 

0555, published in the Federal Register 

on June 22, 2010 (75 FR 35354), is 

withdrawn. 

Issued in Burlington, Massachusetts, on 

July 22, 2011. 

Peter A. White, 

Acting Manager, Engine and Propeller 

Directorate, Aircraft Certification Service. 

[FR Doc. 2011–19048 Filed 7–27–11; 8:45 am] 

BILLING CODE 4910–13–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2011–0571; FRL–9444–6] 

Revisions to the California State 

Implementation Plan, San Joaquin 

Valley Unified Air Pollution Control 

District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: In this action, we are 

proposing to approve San Joaquin 

Valley Unified Air Pollution Control 

District (SJVUAPCD) Rule 3170, 

‘‘Federally Mandated Ozone 

Nonattainment Fee,’’ as a revision to 

SJVUAPCD’s portion of the California 

State Implementation Plan (SIP). Rule 

3170 is a local fee rule submitted to 

address section 185 of the Clean Air Act 

(CAA or Act). EPA is also proposing to 

approve SJVUAPCD’s fee-equivalent 

program, which includes Rule 3170 and 

state law authorities that authorize 

SJVUAPCD to impose supplemental fees 

on motor vehicles, as an alternative to 

the program required by section 185 of 

the Act. We are proposing that 

SJVUAPCD’s alternative fee-equivalent 

program is not less stringent than the 

program required by section 185, and, 

therefore, is approvable, consistent with 

the principles of section 172(e) of the 

Act. As part of this action, we are 

inviting public comment on whether it 

is appropriate for EPA to consider 

alternative programs and, if so, what 

would constitute an approvable 

alternative program. We are taking 

comments on these proposals and plan 

to follow with a final action. 

DATES: Any comments must arrive by 

August 29, 2011. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2011–0571, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the on-line 

instructions. 

2. E-mail: steckel.andrew@epa.gov. 

3. Mail or deliver: Andrew Steckel 

(Air-4), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105–3901. 

Instructions: All comments will be 

included in the public docket without 

change and may be made available 

online at http://www.regulations.gov, 

including any personal information 

provided, unless the comment includes 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through 

http://www.regulations.gov or e-mail. 

http://www.regulations.gov is an 

‘‘anonymous access’’ system, and EPA 

will not know your identity or contact 

information unless you provide it in the 

body of your comment. If you send email directly to EPA, your e-mail 

address will be automatically captured 

and included as part of the public 

comment. 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. 

Docket: Generally, documents in the 

docket for this action are available 

electronically at http:// 

www.regulations.gov and in hard copy 

at EPA Region IX, 75 Hawthorne Street, 

San Francisco, California. While all 

documents in the docket are listed at 

http://www.regulations.gov, some 

information may be publicly available 

only at the hard copy location (e.g., 

copyrighted material, large maps), and 

some may not be publicly available in 

either location (e.g., CBI). To inspect the 

hard copy materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: Lily 

Wong, EPA Region IX, (415) 947–4114, 

wong.lily@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. What did the State submit? 

II. What action is EPA taking? 

III. Background 

IV. What is the legal rationale for this action? 

V. What is EPA’s analysis of SJVUAPCD’s 

alternative program? 

VI. Proposed Action 

VII. Statutory and Executive Order Reviews 

I. What did the State submit? 

On May 19, 2011, SJVUAPCD adopted 

Rule 3170 as part of SJVUAPCD’s 

alternative fee-equivalent program. On 

June 14, 2011, the California Air 

Resources Board (CARB) submitted 

SJVUAPCD’s alternative fee-equivalent 

program, including Rule 3170 and 

various state law authorities, to EPA. On 

June 23, 2011, EPA determined that the 

submittal met the completeness criteria 

in 40 CFR Part 51 Appendix V, which 

must be met before formal EPA review. 

II. What action is EPA taking? 

EPA is proposing to approve 

SJVUAPCD Rule 3170 as a revision to 

SJVUAPCD’s portion of the California 

SIP. Rule 3170 is a local rule that 

applies to all major stationary sources 

emitting VOCs and/or NOX. Rule 3170 

requires certain major stationary sources 

to pay a fee for each ton of VOCs or NOX

emitted in excess of 80% of baseline 

emissions. Rule 3170 includes an 

exemption for ‘‘clean units’’ and a 

different calculation of baseline 

emissions than specified by CAA 

section 185. Therefore, Rule 3170 also 

requires SJVUAPCD to track actual NOX

and VOC emissions from all major 

stationary sources of NOX and VOCs 

and demonstrate that it received 

revenues, pursuant to an alternative 

mechanism described below, equivalent 


rmajette on DSK89S0YB1PROD with PROPOSALS