Federal Register / Vol. 89, No. 31 / Wednesday, February 14, 2024 / Proposed Rules 11233 

‘‘Effectivity,’’ of Boeing Alert Requirements 

Bulletin 737–30A1083 RB, dated November 

18, 2022. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 30, Ice/Rain Protection 

System. 

(e) Unsafe Condition 

This AD was prompted by a Boeing review 

of the standby power system control unit 

(SPCU) design that determined a potential 

single point of failure exists in the SPCU. The 

FAA is issuing this AD to address a potential 

single point of failure in the SPCU, which 

can result in a non-latent loss of the entire 

battery buss and consequent un-annunciated 

loss of control and indication of both engine 

anti-ice (EAI) systems. The unsafe condition, 

if not addressed, could result in loss of thrust 

on both engines due to damage from 

operation in icing conditions without EAI 

and can result in loss of continued safe flight 

and landing. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Required Actions 

Except as specified by paragraph (h) of this 

AD: At the applicable times specified in the 

‘‘Compliance’’ paragraph of Boeing Alert 

Requirements Bulletin 737–30A1083 RB, 

dated November 18, 2022, do all applicable 

actions identified in, and in accordance with, 

the Accomplishment Instructions of Boeing 

Alert Requirements Bulletin 737–30A1083 

RB, dated November 18, 2022. 

Note 1 to paragraph (g): Guidance for 

accomplishing the actions required by this 

AD can be found in Boeing Alert Service 

Bulletin 737–30A1083, dated November 18, 

2022, which is referred to in Boeing Alert 

Requirements Bulletin 737–30A1083 RB, 

dated November 18, 2022. 

(h) Exceptions to Service Information 

Specifications 

(1) Where the Compliance Time columns 

of the table in the ‘‘Compliance’’ paragraph 

of Boeing Alert Requirements Bulletin 737– 

30A1083 RB, dated November 18, 2022, uses 

the phrase ‘‘the original issue date of 

Requirements Bulletin 737–30A1083 RB,’’ 

this AD requires using the effective date of 

this AD. 

(2) Where ‘‘ACTION 3’’ in the Action 

column of the table in the ‘‘Compliance’’ 

paragraph of Boeing Alert Requirements 

Bulletin 737–30A1083 RB, dated November 

18, 2022, specifies to do applicable corrective 

actions and repeat the test until the test 

passes if any test fails, for this AD, the 

compliance time for those actions is before 

further flight after accomplishing the test. 

(i) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, AIR–520, Continued 

Operational Safety Branch, FAA, has the 

authority to approve AMOCs for this AD, if 

requested using the procedures found in 14 

CFR 39.19. In accordance with 14 CFR 39.19, 

send your request to your principal inspector 

or responsible Flight Standards Office, as 

appropriate. If sending information directly 

to the manager of AIR–520, Continued 

Operational Safety Branch, send it to the 

attention of the person identified in 

paragraph (j)(1) of this AD. Information may 

be emailed to: 9-ANM-Seattle-ACO-AMOCRequests@faa.gov. 

(2) Before using any approved AMOC, 

notify your appropriate principal inspector, 

or lacking a principal inspector, the manager 

of the responsible Flight Standards Office. 

(3) An AMOC that provides an acceptable 

level of safety may be used for any repair, 

modification, or alteration required by this 

AD if it is approved by The Boeing Company 

Organization Designation Authorization 

(ODA) that has been authorized by the 

Manager, AIR–520, Continued Operational 

Safety Branch, FAA, to make those findings. 

To be approved, the repair method, 

modification deviation, or alteration 

deviation must meet the certification basis of 

the airplane, and the approval must 

specifically refer to this AD. 

(j) Related Information 

(1) For more information about this AD, 

contact Hoang Yen Dang, Aviation Safety 

Engineer, FAA, 2200 South 216th St., Des 

Moines, WA 98198; telephone 206–231– 

3610; email Hoang.Yen.T.Dang@faa.gov. 

(2) Service information identified in this 

AD that is not incorporated by reference is 

available at the addresses specified in 

paragraphs (k)(3) and (4) of this AD. 

(k) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless the AD specifies otherwise. 

(i) Boeing Alert Requirements Bulletin 

737–30A1083 RB, dated November 18, 2022. 

(ii) [Reserved] 

(3) For service information identified in 

this AD, contact Boeing Commercial 

Airplanes, Attention: Contractual & Data 

Services (C&DS), 2600 Westminster Blvd., 

MC 110–SK57, Seal Beach, CA 90740–5600; 

telephone 562–797–1717; website 

myboeingfleet.com. 

(4) You may view this service information 

at the FAA, Airworthiness Products Section, 

Operational Safety Branch, 2200 South 216th 

St., Des Moines, WA. For information on the 

availability of this material at the FAA, call 

206–231–3195. 

(5) You may view this material at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, 

visit www.archives.gov/federal-register/cfr/ 

ibr-locations or email fr.inspection@nara.gov. 

Issued on February 8, 2024. 

Victor Wicklund, 

Deputy Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2024–02993 Filed 2–13–24; 8:45 am] 

BILLING CODE 4910–13–P 

CORPORATION FOR NATIONAL AND 

COMMUNITY SERVICE 

45 CFR Parts 2551, 2552, and 2553 

RIN 3045–AA81 

AmeriCorps Seniors Regulation 

Updates 

AGENCY: Corporation for National and 

Community Service. 

ACTION: Proposed rule with request for 

comments. 

SUMMARY: The Corporation for National 

and Community Service (operating as 

AmeriCorps) proposes to revise its 

regulations governing AmeriCorps 

Seniors programs. This proposed rule 

would remove barriers to service for 

individuals and increase flexibility for 

sponsors to determine the best mix of 

staffing and resources to accomplish 

project goals. Specifically, this proposed 

rule would remove barriers for 

individuals to serve as AmeriCorps 

Seniors volunteers in three ways: first, 

by limiting what is considered income 

in the calculation that determines 

eligibility to receive a stipend; second, 

by allowing volunteers to continue to 

receive a stipend when their sponsor 

places them on administrative leave due 

to extenuating circumstances that 

prevent service; and third, by allowing 

sponsors to supplement stipends. This 

proposed rule would increase flexibility 

for AmeriCorps Seniors sponsors in 

three ways: first, by removing the 

prescriptive requirement for them to 

employ a full-time project director; 

second, by establishing a single 10 

percent match value regardless of grant 

year; and third, by allowing sponsors to 

choose to pay more than (but not less 

than) the AmeriCorps-established 

stipend rates using non-AmeriCorps 

funds for the amount exceeding the 

AmeriCorps-established rate. These 

proposed changes would allow sponsors 

to determine the best staffing and 

volunteer mix to support projects and 

how to devote resources that would 

otherwise be devoted to meet 

increasingly high match requirements. 

This proposed rule would also update 

nomenclature to reflect that the 

Corporation for National and 

Community Service operates as 

AmeriCorps and that ‘‘Senior Corps’’ is 

now known as ‘‘AmeriCorps Seniors.’’ 

DATES: Written comments must be 

submitted by April 15, 2024. 

ADDRESSES: You may send your 

comments electronically through the 

Federal Government’s one-stop 

rulemaking website at 

www.regulations.gov. You may also 


ddrumheller on DSK120RN23PROD with PROPOSALS1
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send your comments to Elizabeth Appel, 

Associate General Counsel, at eappel@

americorps.gov or by mail to 

AmeriCorps (ATTN: Elizabeth Appel), 

250 E Street SW, Washington, DC 

20525. 

FOR FURTHER INFORMATION CONTACT: 

Robin Corindo, Deputy Director, 

AmeriCorps Seniors, at rcorindo@

americorps.gov, (202) 489–5578. 

SUPPLEMENTARY INFORMATION: 

I. Background 

AmeriCorps Seniors operates four 

programs: the Senior Companion 

Program (SCP), Foster Grandparent 

Program (FGP), Retired and Senior 

Volunteer Program (RSVP), and a Senior 

Demonstration Program. This proposed 

rule would affect regulations 

implementing the first three programs. 

These programs are authorized by the 

Domestic Volunteer Service Act of 1973, 

as amended, 42 U.S.C. 4950 et seq., and 

this rulemaking is authorized by the 

National and Community Service Act of 

1990, as amended, 42 U.S.C. 12501 et 

seq. 

AmeriCorps Seniors SCP and FGP 

each provide grants to qualified 

agencies and organizations (known as 

grantees or sponsors) for the dual 

purpose of engaging persons 55 and 

older, particularly those with limited 

incomes, in volunteer service to meet 

critical community needs and to 

provide a high-quality experience that 

will enrich the lives of the volunteers. 

In SCP, program funds are used to 

support Senior Companions in 

providing supportive, individualized 

services to help older adults with 

special needs maintain their dignity and 

independence. They also serve 

caregivers with respite support. In FGP, 

program funds are used to support 

Foster Grandparents in providing 

supportive, person-to-person service to 

children with special and/or 

exceptional needs, or in circumstances 

that limit their academic, social, or 

emotional development. In SCP and 

FGP (but not RSVP), volunteers who are 

‘‘low income’’ (meaning their income is 

at or below 200 percent of the poverty 

line) may receive stipends to allow them 

to serve without cost to themselves. See 

42 U.S.C. 5011(d)–(e), 5013(b). 

In SCP, FGP, and RSVP, the sponsor 

receiving the grant has several 

responsibilities. Among them is the 

responsibility to provide staff sufficient 

to support the project. Another is the 

responsibility to raise ‘‘match,’’ meaning 

non-AmeriCorps cash and in-kind 

contributions in support of the grant. 

The match amount is stated as a 

percentage of the total project cost. For 

both SCP and FGP, the match required 

of sponsors is 10 percent, meaning the 

AmeriCorps grant funds 90 percent of 

the total project cost. See 42 U.S.C. 

5011(a), 5013(a). For RSVP, the statute 

limits match to be no more than 10 

percent in the first year, 20 percent in 

the second year, and 30 percent in 

subsequent years. See 42 U.S.C. 5001(b). 

In other words, the statute provides 

upper limits (tiered by year) on what 

RSVP sponsors may be required to 

provide as match. The current RSVP 

regulations, however, state these upper 

limits as requirements for sponsors to 

provide match at 10 percent in the first 

year, 20 percent in the second year, and 

30 percent in subsequent years by 

limiting AmeriCorps’ contributions to 

90 percent in the first year, 80 percent 

in the second year, and 70 percent in 

subsequent years. See 45 CFR 2553.72. 

Additionally, in SCP and FGP, 

AmeriCorps Seniors volunteers are 

offered a stipend for their service. The 

statute sets a minimum hourly rate for 

the stipend. See 42 U.S.C. 5011(d), 

5013(b). AmeriCorps Seniors establishes 

the stipend rate annually through the 

Notice of Funding Opportunity; 

currently, the stipend rate is $4.00 per 

service hour. The current SCP and FGP 

regulations provide that a sponsor must 

pay the stipend rate that AmeriCorps 

establishes and offers no flexibility to 

sponsors who may have additional 

funding available to supplement the 

stipend. 

II. Overview of Proposed Rule 

This proposed rule would update 

AmeriCorps Seniors regulations 

implementing the SCP, FGP, and RSVP. 

The proposed updates to the SCP and 

FGP regulations, at Code of Federal 

Regulations (CFR) parts 2551 and 2552, 

respectively, parallel each other and 

would include changes to simplify 

provisions on calculation of an 

AmeriCorps volunteer’s income for the 

purposes of determining whether they 

are eligible for a stipend and would 

remove certain items from being 

considered as income. The proposed 

updates to SCP and FGP regulations 

would also specify that volunteers 

receiving a stipend may be paid the 

stipend when the sponsor places them 

on administrative leave due to 

extenuating circumstances preventing 

service. The updates would also allow 

sponsors to pay stipends at a higher rate 

than that established by AmeriCorps 

Seniors, if they choose to do so, and as 

long as they use funds other than 

AmeriCorps grant funds to pay for the 

amount above the established stipend 

rate. The proposed updates to all three 

SCP, FGP, and RSVP regulations (CFR 

parts 2551 through 2553) would replace 

the requirement for sponsors to employ 

a full-time project director with a 

requirement for sufficient staffing to 

support the size, scope, and quality of 

project operations. 

The updates to the RSVP regulations 

at part 2553 would also change the level 

of non-AmeriCorps support (‘‘match’’) 

that an RSVP sponsor must provide. 

Currently, the regulations allow 

AmeriCorps to grant up to 90 percent of 

the total RSVP project cost in the first 

year, but only 80 percent in the second 

year and 70 percent in the third and 

successive years. As a result, the 

matching funds a sponsor must provide 

are currently 10 percent of the total 

project cost in the first year and increase 

to 20 percent in the second year and 30 

percent in successive years. The 

proposed rule would instead establish a 

single required match rate at 10 percent, 

regardless of the grant year. 

Lastly, this proposed rule would make 

nomenclature changes to add a 

definition for ‘‘AmeriCorps’’ and change 

references to the ‘‘Corporation’’ and 

‘‘CNCS’’ to ‘‘AmeriCorps’’ throughout 

these regulations to reflect that the 

Corporation for National and 

Community Service now operates as 

AmeriCorps. This proposed rule would 

also change ‘‘National Service Senior 

Corps (NSSC)’’ to ‘‘AmeriCorps Seniors’’ 

to reflect current terminology and 

branding. 

Each of the substantive changes is 

described in more detail below. 

A. Income Calculation—SCP 

(§§ 2551.12, 2551.43, and 2551.44); FGP 

(§§ 2552.12, 2552.43, and 2552.44) 

The current regulations address an 

SCP and FGP volunteer’s income in 

three sections: the definition of ‘‘annual 

income’’ (at §§ 2551.12 and 2552.12, 

respectively); the income guidelines 

governing eligibility to serve as a 

stipended volunteer (at §§ 2551.43 and 

2552.43, respectively); and the 

categories of ‘‘income’’ for determining 

eligibility (at §§ 2551.44 and 2552.44, 

respectively). Currently, the definition 

of ‘‘annual income’’ and the sections 

addressing eligibility guidelines and the 

determination of ‘‘income’’ each contain 

components for the calculation of 

income. The proposed rule would 

streamline these sections so that the 

definition sets out only that the time 

period for calculation of annual income 

is 12 months, and all the components 

for the calculation of income are 

contained in one section each for SCP 

and FGP. Substantively, these changes 

would remove several items from being 

included in the calculation of a 

volunteer’s income, including: 


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• The value of shelter, food, and 

clothing if provided at no cost by 

relatives of the volunteer or volunteer’s 

spouse; 

• Strike benefits; 

• Training stipends; and 

• Regular support that is not legally 

required from an absent family member 

or someone not living in the household. 

As a result, when examining a 

volunteer’s income to determine 

eligibility for a stipend under this 

proposal, AmeriCorps Seniors would 

look only at the volunteer’s income (and 

spouse’s income if the spouse lives in 

the same residence) without considering 

the value of any shelter, food, or 

clothing the volunteer’s relatives are 

providing the volunteer or any other 

regular but not legally required support 

that an absent relative (or someone else 

not living in the household) is choosing 

to provide to the volunteer. The 

proposal would remove strike benefits 

and training stipends as categories to be 

considered in calculating income 

because volunteers rarely such benefits 

and stipends and their removal supports 

modernization of the regulations. These 

changes also simplify what is 

considered income by focusing solely 

on the volunteer’s own income and 

resident spouse’s income, rather than 

other relatives, and removes the 

necessity of collecting paperwork from 

the individuals volunteering. 

AmeriCorps expects these changes 

would simplify the determination of 

whether someone is eligible to serve as 

a stipended FGP or SCP volunteer and 

remove barriers to those individuals to 

serve in FGP and SCP. These changes 

will also support AmeriCorps Seniors 

programs’ ability to recruit and retain 

volunteers, rebuild volunteer numbers 

to pre-COVID–19 levels, and reduce 

relinquishment of FGP and SCP 

programs that result from difficulties 

recruiting eligible volunteers. 

Ultimately, this anticipated increase in 

AmeriCorps Seniors volunteers in SCP 

and FGP will allow more community 

needs to be met. 

B. Administrative Leave—SCP 

(§§ 2551.23(i) and 2551.46(a)); FGP 

(§§ 2552.23(i) and 2552.46(a)) 

Currently, the regulations governing 

SCP and FGP are silent as to whether 

AmeriCorps Seniors volunteers who 

receive a stipend for their service and 

earned leave may also receive a stipend 

for administrative leave. The proposed 

rule would specify that stipended 

volunteers may be paid administrative 

leave and would require sponsors to 

establish written service policies to 

address administrative leave. While 

sponsors may define the specifics of 

administrative leave, the proposed rule 

identifies administrative leave as a 

temporary absence the sponsor allows 

in extenuating circumstances that 

prevent the volunteer from serving, or 

serving safely. The rulemaking would 

require AmeriCorps’ approval to pay the 

stipend for administrative leave after the 

seventh calendar day of extenuating 

circumstances. An example of a 

circumstance justifying administrative 

leave would be flooding at a client’s 

home. 

This proposed change allows SCP and 

FGP grantees to grant administrative 

leave to their volunteers in those 

unusual and rare situations that prevent 

a volunteer, through no fault of their 

own, from serving at their volunteer 

station, as long as the grantee’s program 

policies permit administrative leave in 

such situations. Many dedicated 

AmeriCorps Seniors volunteers in SCP 

and FGP rely upon the stipend to 

supplement their limited incomes so 

they can pay for things like medicine 

and groceries. This proposed change 

would ensure that these volunteers are 

not penalized by having their stipends 

withheld for being unable to serve due 

to extenuating circumstances (as 

defined in the program’s policy). 

C. Allowing Sponsors To Pay Higher 

Stipends—SCP (§ 2551.92(e)); FGP 

(§ 2552.92(e)) 

The current SCP and FGP regulations 

prohibit sponsors from paying stipends 

at rates different from those established 

by AmeriCorps. This restriction is not 

compelled by statute, as the DVSA 

establishes only a minimum stipend rate 

($3.00 per hour). Earlier versions of the 

regulation had similar language stating 

that AmeriCorps Seniors volunteers in 

SCP and FGP ‘‘will receive a stipend in 

an amount determined by [AmeriCorps] 

. . . The minimum amount of the 

stipend is set by law and may be 

adjusted by the Director from time to 

time.’’ See 45 CFR 1207.3–5(c)(5) and 

1208.3–5(c)(5) (10–1–96 edition). 

However, these earlier versions 

explicitly allowed for stipend payments 

in excess of the amount established by 

AmeriCorps (then ‘‘ACTION’’) and 

provided that the excess amount could 

not be included as part of the local 

support commitment (match). See 45 

CFR 1207.2–2 and 1208.2–2 (10–1–96 

edition). When these prior versions of 

the rules were updated and moved from 

chapter XII (parts 1207 and 1208) to 

chapter XXV (parts 2551 and 2552) in 

title 45 of the CFR, the provisions 

regarding stipend payments in excess of 

the AmeriCorps-established amount 

were omitted without explanation. See 

SCP proposed rule at 63 FR 46954 

(September 3, 1998) and final rule at 64 

FR 14113 (March 24, 1999) and FGP 

proposed rule at 63 FR 46963 

(September 3, 1998) and final rule at 64 

FR 14123 (March 24, 1999). AmeriCorps 

determined this allowance should be 

reinstituted so that sponsors may pay 

volunteers a stipend at a rate higher 

than the AmeriCorps-established rate 

should they have the desire and funding 

to do so. In contrast to the prior versions 

of the rule, the proposed rule would 

allow sponsors to use funds with which 

they supplement the stipend to count 

toward required match contributions. 

Sponsors’ supplementation of 

volunteers’ stipends must comply with 

anti-discrimination and other laws. 

The proposed flexibility for 

supplementing stipends would help 

sponsors to recruit and retain volunteers 

by improving the feasibility of service 

for low-income volunteers whose costs 

of serving exceed the AmeriCorpsestablished stipend rate. This flexibility 

would also allow for sponsors to 

account for things like higher costs of 

living in providing their volunteers with 

stipends, by using their grantee (nonAmeriCorps) share funds to add on to 

the single stipend rate that AmeriCorps 

establishes for the entire country. The 

current regulation, which restricts all 

volunteers to the AmeriCorpsestablished stipend rate, prevents 

sponsors from adjusting their benefits to 

account for the needs of volunteers in 

their local communities. Under the 

proposed rule, AmeriCorps would 

continue to establish stipend rates and 

comply with the statutory minimum for 

stipend rates, but sponsors would have 

the flexibility to supplement the rate 

with their non-AmeriCorps funds. 

D. Removing the Requirement for a FullTime Project Director—SCP 

(§ 2551.25(c)); FGP (§ 2552.25(c)); RSVP 

(§ 2553.25(c)) 

The current SCP, FGP, and RSVP 

regulations all require a sponsor to 

employ a full-time project director to 

accomplish project objectives and 

manage functions and project activities, 

except in a limited circumstance where 

the sponsor may negotiate with 

AmeriCorps for permission to instead 

employ a part-time project director. 

That circumstance is when the sponsor 

has demonstrated to AmeriCorps that 

having only a part-time project director 

will not adversely affect the size, scope, 

or quality of project operations. The 

proposed rule would replace these 

prescriptive requirements with a more 

results-focused requirement that 

sponsors employ project staff sufficient 

to support the size, scope, and quality 

of project operations. In the application, 


ddrumheller on DSK120RN23PROD with PROPOSALS1
11236 Federal Register / Vol. 89, No. 31 / Wednesday, February 14, 2024 / Proposed Rules 

the sponsor must thoroughly outline 

their management plan to describe how 

each project director duty will be 

fulfilled. At the time of renewal, 

program structure will be evaluated 

based on performance measures. This 

proposed change would provide 

sponsors with the flexibility to 

determine their own appropriate mix of 

staffing to support the project. 

E. Establishing a Single, 10 Percent 

Match, Regardless of Year—RSVP 

(§ 2553.72) 

The statute limits how much funding 

RSVP sponsors must provide as match 

to be no more than 10 percent in the 

first year, 20 percent in the second year, 

and 30 percent in subsequent years. See 

42 U.S.C. 5001(b). In other words, the 

statute provides upper limits (tiered by 

year) on what RSVP sponsors may be 

required to provide as match. In 

contrast, the current RSVP regulations 

convert these upper limits into 

requirements for sponsors to provide 

match at 10 percent in the first year, 20 

percent in the second year, and 30 

percent in subsequent years. See 45 CFR 

2553.72. Specifically, the current 

regulation provides that AmeriCorps 

grants may fund up to 90 percent of the 

total project cost in the first year, 

leaving the sponsor responsible for 10 

percent of the total project cost through 

locally generated contributions. The 

current regulation then decreases the 

level of funding AmeriCorps may 

provide to 80 percent (consequently 

increasing the sponsor’s responsibility 

to 20 percent) in the second year, and 

further decreases AmeriCorps’ 

contribution to 70 percent 

(consequently increasing the sponsor’s 

responsibility to 30 percent) in the third 

year and beyond. The proposed rule 

would revise this approach to instead 

provide RSVP parity with the FGP and 

SCP programs, which each require 10 

percent match regardless of year. For 

grantees that have RSVP programs and 

FGP and/or SCP programs, this proposal 

would allow them to have consistent 

policies across all their programs and 

reduce the burden of raising and 

reporting an increased match amount 

for just one of their programs. This 

proposed change in required match is 

not expected to impact the quality of 

services provided to communities by the 

program because all program 

expectations would remain the same 

under the proposal. 

III. Regulatory Analyses 

A. Executive Orders 12866 and 13563 

Executive Orders 12866 and 13563 

direct agencies to assess all costs and 

benefits of available regulatory 

alternatives, and if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, 

reducing costs, harmonizing rules, and 

promoting flexibility. The Office of 

Information and Regulatory Affairs in 

the Office of Management and Budget 

determined this proposed rule is not a 

significant regulatory action. 

B. Regulatory Flexibility Act 

As required by the Regulatory 

Flexibility Act of 1980 (5 U.S.C. 601 et 

seq.), AmeriCorps certifies that this rule, 

if adopted, will not have a significant 

economic impact on a substantial 

number of small entities. While many 

grantees are small governmental 

jurisdictions or not-for-profit enterprises 

that may qualify as small entities, the 

economic effect of this proposed rule on 

those small entities is minimal. 

Therefore, AmeriCorps has not 

performed the initial regulatory 

flexibility analysis that is required 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.) for rules that are 

expected to have such results. 

C. Unfunded Mandates Reform Act of 

1995 

For purposes of title II of the 

Unfunded Mandates Reform Act of 

1995, 2 U.S.C. 1531–1538, as well as 

Executive Order 12875, this regulatory 

action does not contain any federal 

mandate that may result in increased 

expenditures in Federal, State, local, or 

Tribal Governments in the aggregate, or 

impose an annual burden exceeding 

$100 million on the private sector. 

D. Paperwork Reduction Act 

Under the Paperwork Reduction Act, 

an agency may not conduct or sponsor 

a collection of information unless the 

collections of information display valid 

control numbers. This proposed rule 

does not affect any information 

collections. 

E. Executive Order 13132, Federalism 

Executive Order 13132, Federalism, 

prohibits an agency from publishing any 

rule that has federalism implications if 

the rule imposes substantial direct 

compliance costs on state and local 

governments and is not required by 

statute, or the rule preempts state law, 

unless the agency meets the 

consultation and funding requirements 

of section 6 of the Executive order. This 

rulemaking does not have any 

federalism implications, as described 

above. 

F. Takings (Executive Order 12630) 

This proposed rule does not affect a 

taking of private property or otherwise 

have taking implications under 

Executive Order 12630 because this 

proposed rule does not affect individual 

property rights protected by the Fifth 

Amendment or involve a compensable 

‘‘taking.’’ A takings implication 

assessment is not required. 

G. Civil Justice Reform (Executive Order 

12988) 

This proposed rule complies with the 

requirements of Executive Order 12988. 

Specifically, this rulemaking: (a) meets 

the criteria of section 3(a) requiring that 

all regulations be reviewed to eliminate 

errors and ambiguity and be written to 

minimize litigation; and (b) meets the 

criteria of section 3(b)(2) requiring that 

all regulations be written in clear 

language and contain clear legal 

standards. 

H. Consultation With Indian Tribes 

(Executive Order 13175) 

AmeriCorps recognizes the inherent 

sovereignty of Indian tribes and their 

right to self-governance. We have 

evaluated this rulemaking under the 

agency’s consultation policy and the 

criteria in Executive Order 13175 and 

determined that this proposed rule does 

not impose substantial direct effects on 

federally recognized tribes. 

I. Clarity of This Regulation 

We are required by Executive Orders 

12866 (section 1(b)(12)), and 12988 

(section 3(b)(1)(B)), and 13563 (section 

1(a)), and by the Presidential 

Memorandum of June 1, 1998, to write 

all rules in plain language. This means 

that each proposed rule we publish 

must: (a) be logically organized; (b) use 

the active voice to address readers 

directly; (c) use clear language rather 

than jargon; (d) be divided into short 

sections and sentences; and (e) use lists 

and tables wherever possible. If you feel 

that we have not met these 

requirements, please send us comments 

by one of the methods listed in the 

ADDRESSES section. To help us revise the 

rule, your comments should be as 

specific as possible. 

List of Subjects in 45 CFR Parts 2551, 

2552, and 2553 

Aged, Grant programs—social 

programs, Volunteers. 

For the reasons stated in the 

preamble, under the authority of 42 

U.S.C. 12651c(c), the Corporation for 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 89, No. 31 / Wednesday, February 14, 2024 / Proposed Rules 11237 

National and Community Service is 

proposing to amend chapter XXV, title 

45 of the Code of Federal Regulations as 

follows: 

PART 2551—SENIOR COMPANION 

PROGRAM 

■ 1. The authority citation for part 2551 

continues to read as follows: 

Authority: 42 U.S.C. 4950 et seq.; 42 U.S.C. 

12651b–12651d; E.O. 13331, 69 FR 9911. 

■ 2. In § 2551.12: 

■ a. Revise the definition of ‘‘Adequate 

staffing level’’; 

■ b. Add in alphabetical order the 

definitions of ‘‘AmeriCorps’’ and 

‘‘AmeriCorps Seniors’’; 

■ c. Revise the definition of ‘‘Annual 

income’’; and 

■ d. Remove the definitions of ‘‘CNCS’’ 

and ‘‘National Senior Service Corps 

(NSSC)’’. 

The revisions and additions read as 

follows: 

§ 2551.12 Definitions. 

* * * * * 

Adequate staffing level. The number 

of project staff or full-time equivalent 

needed by a sponsor to manage the 

AmeriCorps Seniors project operations 

considering such factors as: Number of 

budgeted Volunteer Service Years 

(VSYs), number of volunteer stations, 

and the size of the service area. 

* * * * * 

AmeriCorps. The Corporation for 

National and Community Service, 

established pursuant to section 191 of 

the National and Community Service 

Act of 1990, as amended, 42 U.S.C. 

12651, which operates as AmeriCorps. 

AmeriCorps Seniors. The collective 

name for the Senior Companion 

Program (SCP), the Foster Grandparent 

Program (FGP), the Retired and Senior 

Volunteer Program (RSVP), and Senior 

Demonstration Programs, all of which 

are established under parts A, B, C, and 

E, title II of the Act. 

Annual income. The applicant or 

enrollee’s total income for the preceding 

12 months, including the applicant or 

enrollee’s spouse’s income, if the spouse 

lives in the same residence, as 

calculated in § 2551.44. 

* * * * * 

■ 3. In § 2551.23, redesignate 

paragraphs (i)(2) through (5) as 

paragraphs (i)(3) through (6) and add 

new paragraph (i)(2) to read as follows: 

§ 2551.23 What are a sponsor’s project 

responsibilities? 

* * * * * 

(i) * * * 

(2) Administrative leave, meaning a 

temporary absence the sponsor allows 

in extenuating circumstances that 

prevent the Senior Companion from 

serving or serving safely. 

* * * * * 

■ 4. In § 2551.25, revise paragraphs (c) 

and (h) to read as follows: 

§ 2551.25 What are a sponsor’s 

administrative responsibilities? 

* * * * * 

(c) Employ project staff, including a 

project director, to accomplish project 

objectives and manage the functions and 

activities delegated to project staff for 

AmeriCorps Seniors project(s) within its 

control. The project director may 

participate in activities to coordinate 

project resources with those of related 

local agencies, boards, or organizations. 

Staffing must be sufficient to support 

the size, scope, and quality of project 

operations. 

* * * * * 

(h) Comply with, and ensure that 

Memorandums of Understanding 

require all volunteer stations to comply 

with, all applicable civil rights laws and 

regulations, including nondiscrimination based on disability. 

■ 5. Revise the heading for subpart C to 

read as follows: 

Subpart C—Suspension and 

Termination of AmeriCorps Assistance 

■ 6. In § 2551.43, revise paragraph (b) to 

read as follows: 

§ 2551.43 What income guidelines govern 

eligibility to serve as a stipended Senior 

Companion? 

* * * * * 

(b) For applicants to become 

stipended Senior Companions, income 

is based on annual income at the time 

of application. For serving stipended 

Senior Companions, annual income is 

counted for the past 12 months. Annual 

income includes the applicant or 

enrollee’s income and that of his/her 

spouse, if the spouse lives in the same 

residence, as calculated in § 2551.44. 

* * * * * 

■ 7. In § 2551.44, revise paragraph (a)(3) 

to read as follows: 

§ 2551.44 What is considered income for 

determining volunteer eligibility? 

(a) * * * 

(3) Social Security, Unemployment or 

Workers Compensation, alimony, and 

military family allotments, or other 

legally required financial support from 

an absent family member or someone 

not living in the household. 

* * * * * 

■ 8. In § 2551.46, revise paragraph (a) to 

read as follows: 

§ 2551.46 What cost reimbursements are 

provided to Senior Companions? 

* * * * * 

(a) Stipend. The stipend is paid for 

the time Senior Companions spend with 

their assigned clients, for earned leave, 

for administrative leave, and for 

attendance at official project events. The 

sponsor may pay a stipend for 

administrative leave for extenuating 

circumstances lasting up to seven 

calendar days but must obtain 

AmeriCorps’ written approval to pay a 

stipend for administrative leave based 

on extenuating circumstances lasting 

beyond seven calendar days. 

* * * * * 

■ 9. In § 2551.92, revise paragraph (e) to 

read as follows: 

§ 2551.92 What are project funding 

requirements? 

* * * * * 

(e) May a sponsor pay stipends at 

rates different than those established by 

AmeriCorps? A sponsor must pay 

stipends at rates no less than the rate 

established by AmeriCorps. A sponsor 

may use non-AmeriCorps funding to 

pay stipends at rates higher than the rate 

established by AmeriCorps, but may not 

use AmeriCorps funding for this 

purpose. 

■ 10. In § 2551.121, revise paragraph 

(c)(1) to read as follows: 

§ 2551.121 What legal limitations apply to 

the operation of the Senior Companion 

Program and to the expenditure of grant 

funds? 

* * * * * 

(c) * * * 

(1) An agency or organization to 

which AmeriCorps Seniors volunteers 

are assigned or which operates or 

supervises any AmeriCorps Seniors 

program shall not request or receive any 

compensation from AmeriCorps Seniors 

volunteers, or from beneficiaries, for the 

services provided by AmeriCorps 

Seniors volunteers. 

* * * * * 

§ § 2551.12 through 2551.122 [Amended] 

■ 11. In addition to the amendments set 

forth above, in §§ 2551.12 through 

2551.122: 

■ a. Remove the word ‘‘CNCS’’ and add 

in its place the word ‘‘AmeriCorps’’, 

wherever it appears; and 

■ b. Remove the word ‘‘non-CNCS’’ and 

add in its place the word ‘‘nonAmeriCorps’’, wherever it appears. 

PART 2552—FOSTER GRANDPARENT 

PROGRAM 

■ 12. The authority for part 2552 

continues to read as follows: 


ddrumheller on DSK120RN23PROD with PROPOSALS1
11238 Federal Register / Vol. 89, No. 31 / Wednesday, February 14, 2024 / Proposed Rules 

Authority: 42 U.S.C. 4950 et seq.; 42 U.S.C. 

12651b–12651d; E.O. 13331, 69 FR 9911. 

■ 13. In § 2552.12: 

■ a. Revise the definition of ‘‘Adequate 

staffing level’’; 

■ b. Add in alphabetical order the 

definitions of ‘‘AmeriCorps’’ and 

‘‘AmeriCorps Seniors’’; 

■ c. Revise the definition of ‘‘Annual 

income’’; and 

■ d. Remove the definitions of ‘‘CNCS’’ 

and ‘‘National Senior Service Corps 

(NSSC)’’. 

The revisions and additions read as 

follows: 

§ 2552.12 Definitions. 

* * * * * 

Adequate staffing level. The number 

of project staff or full-time equivalent 

needed by a sponsor to manage the 

AmeriCorps Seniors project operations 

considering such factors as: Number of 

budgeted Volunteer Service Years 

(VSYs), number of volunteer stations, 

and the size of the service area. 

AmeriCorps. The Corporation for 

National and Community Service, 

established pursuant to section 191 of 

the National and Community Service 

Act of 1990, as amended, 42 U.S.C. 

12651, which operates as AmeriCorps. 

AmeriCorps Seniors. The collective 

name for the Senior Companion 

Program (SCP), the Foster Grandparent 

Program (FGP), the Retired and Senior 

Volunteer Program (RSVP), and Senior 

Demonstration Programs, all of which 

are established under parts A, B, C, and 

E, title II of the Act. 

Annual income. The applicant or 

enrollee’s total income for the preceding 

12 months, including the applicant or 

enrollee’s spouse’s income, if the spouse 

lives in the same residence, as 

calculated in § 2551.44. 

* * * * * 

■ 14. In § 2552.23, redesignate 

paragraphs (i)(2) through (5) as 

paragraphs (i)(3) through (6) and add 

new paragraph (i)(2) to read as follows: 

§ 2552.23 What are a sponsor’s project 

responsibilities? 

* * * * * 

(i) * * * 

(2) Administrative leave, meaning a 

temporary absence the sponsor allows 

in extenuating circumstances that 

prevent the Foster Grandparent from 

serving or serving safely. 

* * * * * 

■ 15. In § 2552.25, revise paragraphs (c) 

and (h) to read as follows: 

§ 2552.25 What are a sponsor’s 

administrative responsibilities? 

* * * * * 

(c) Employ project staff, including a 

project director, to accomplish project 

objectives and manage the functions and 

activities delegated to project staff for 

AmeriCorps Seniors project(s) within its 

control. The project director may 

participate in activities to coordinate 

project resources with those of related 

local agencies, boards, or organizations. 

Staffing must be sufficient to support 

the size, scope, and quality of project 

operations. 

* * * * * 

(h) Comply with, and ensure that 

Memorandums of Understanding 

require all volunteer stations to comply 

with, all applicable civil rights laws and 

regulations, including nondiscrimination based on disability. 

■ 16. Revise the heading for subpart C 

to read as follows: 

Subpart C—Suspension and 

Termination of AmeriCorps Assistance 

§ 2552.43 [Amended] 

■ 17. In § 2552.43, revise paragraph (b) 

to read as follows: 

§ 2552.43 What income guidelines govern 

eligibility to serve as a stipended Foster 

Grandparent? 

* * * * * 

(b) For applicants to become 

stipended Foster Grandparents, income 

is based on annual income at the time 

of application. For serving stipended 

Foster Grandparents, annual income is 

counted for the past 12 months. Annual 

income includes the applicant or 

enrollee’s income, and that of his/her 

spouse, if the spouse lives in the same 

residence, as calculated in § 2552.44. 

* * * * * 

■ 18. In § 2552.44, revise paragraph 

(a)(3) to read as follows: 

§ 2552.44 What is considered income for 

determining volunteer eligibility? 

(a) * * * 

(3) Social Security, Unemployment or 

Workers Compensation, alimony, and 

military family allotments, or other 

legally required financial support from 

an absent family member or someone 

not living in the household. 

* * * * * 

■ 19. In § 2552.46, revise paragraph (a) 

to read as follows: 

§ 2552.46 What cost reimbursements and 

benefits do sponsors provide to Foster 

Grandparents? 

* * * * * 

(a) Stipend. The stipend is paid for 

the time Foster Grandparents spend 

with their assigned children, for earned 

leave, for administrative leave, and for 

attendance at official project events. The 

sponsor may pay a stipend for 

administrative leave for extenuating 

circumstances lasting up to seven 

calendar days but must obtain 

AmeriCorps’ written approval to pay a 

stipend for administrative leave based 

on extenuating circumstances lasting 

beyond seven calendar days. 

* * * * * 

■ 20. In § 2552.92, revise paragraph (e) 

to read as follows: 

§ 2552.92 What are project funding 

requirements? 

* * * * * 

(e) May a sponsor pay stipends at 

rates different than those established by 

AmeriCorps? A sponsor must pay 

stipends at rates no less than the rate 

established by AmeriCorps. A sponsor 

may use non-AmeriCorps funding to 

pay stipends at rates higher than the rate 

established by AmeriCorps but may not 

use AmeriCorps funding for this 

purpose. 

■ 21. In § 2552.121, revise paragraph 

(c)(1) to read as follows: 

§ 2552.121 What legal limitations apply to 

the operation of the Foster Grandparent 

Program and to the expenditure of grant 

funds? 

* * * * * 

(c) * * * 

(1) An agency or organization to 

which AmeriCorps Seniors volunteers 

are assigned or which operates or 

supervises any AmeriCorps Seniors 

program shall not request or receive any 

compensation from AmeriCorps Seniors 

volunteers, or from beneficiaries, for the 

services provided by AmeriCorps 

Seniors volunteers. 

* * * * * 

§§ 2552.12 through 2552.122 [Amended] 

■ 22. In addition to the amendments set 

forth above, in §§ 2552.12 through 

2552.122: 

■ a. Remove the word ‘‘CNCS’’ and add 

in its place the word ‘‘AmeriCorps’’, 

wherever it appears; and 

■ b. Remove the word ‘‘non-CNCS’’ and 

add in its place the word ‘‘nonAmeriCorps’’, wherever it appears. 

PART 2553—THE RETIRED AND 

SENIOR VOLUNTEER PROGRAM 

■ 23. The authority for part 2553 

continues to read as follows: 

Authority: 42 U.S.C. 4950 et seq. 

■ 24. In § 2553.12: 

■ a. Revise the definition of ‘‘Adequate 

staffing level’’; 

■ b. Add in alphabetical order the 

definitions of ‘‘AmeriCorps’’ and 

‘‘AmeriCorps Seniors’’; and 

■ c. Remove the definitions of ‘‘CNCS’’ 

and ‘‘National Senior Service Corps 

(NSSC)’’. 

The revision and additions read as 

follows: 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 89, No. 31 / Wednesday, February 14, 2024 / Proposed Rules 11239 

§ 2553.12 Definitions. 

* * * * * 

Adequate staffing level. The number 

of project staff or full-time equivalent 

needed by a sponsor to manage the 

AmeriCorps Seniors project operations 

considering such factors as: Number of 

budgeted volunteers, number of 

volunteer stations, and the size of the 

service area. 

AmeriCorps. The Corporation for 

National and Community Service, 

established pursuant to section 191 of 

the National and Community Service 

Act of 1990, as amended, 42 U.S.C. 

12651, which operates as AmeriCorps. 

AmeriCorps Seniors. The collective 

name for the Senior Companion 

Program (SCP), the Foster Grandparent 

Program (FGP), the Retired and Senior 

Volunteer Program (RSVP), and 

Demonstration Programs, all of which 

are established under parts A, B, C, and 

E, title II of the Act. 

* * * * * 

■ 24. In § 2553.25, revise paragraphs (c) 

and (h) to read as follows: 

§ 2553.25 What are a sponsor’s 

administrative responsibilities? 

* * * * * 

(c) Employ project staff, including a 

project director, to accomplish project 

objectives and manage the functions and 

activities delegated to project staff for 

AmeriCorps Seniors project(s) within its 

control. The project director may 

participate in activities to coordinate 

project resources with those of related 

local agencies, boards, or organizations. 

Staffing must be sufficient to support 

the size, scope, and quality of project 

operations. 

* * * * * 

(h) Comply with, and ensure that 

Memorandums of Understanding 

require all volunteer stations to comply 

with, all applicable civil rights laws and 

regulations, including nondiscrimination based on disability. 

■ 25. In § 2553.72, revise paragraph (a) 

paragraph heading and paragraphs (a)(1) 

and (c) to read as follows: 

§ 2553.72 What are project funding 

requirements? 

(a) Is non-AmeriCorps support 

required? (1) An AmeriCorps grant may 

be awarded to fund up to 90 percent of 

the total project cost. 

* * * * * 

(c) May AmeriCorps restrict how a 

sponsor uses locally generated 

contributions in excess of the nonAmeriCorps support required? 

Whenever locally generated 

contributions to RSVP projects are in 

excess of the non-AmeriCorps funds 

required (10 percent of the total cost), 

AmeriCorps may not restrict the manner 

in which such contributions are 

expended, provided such expenditures 

are consistent with the provisions of the 

Act. 

* * * * * 

■ 26. In § 2553.91, revise paragraph 

(c)(1) to read as follows: 

§ 2553.91 What legal limitations apply to 

the operation of the RSVP volunteer 

program and to the expenditure of grant 

funds? 

* * * * * 

(c) * * * 

(1) An agency or organization to 

which AmeriCorps Seniors volunteers 

are assigned or which operates or 

supervises any AmeriCorps Seniors 

program shall not request or receive any 

compensation from AmeriCorps Seniors 

volunteers or from beneficiaries for 

services of AmeriCorps Seniors 

volunteers. 

* * * * * 

§§ 2553.12 through 2553.108 [Amended] 

■ 27. In addition to the amendments set 

forth above, in §§ 2552.12 through 

2552.108: 

■ a. Remove the word ‘‘CNCS’’ and add 

in its place the word ‘‘AmeriCorps’’, 

wherever it appears; and 

■ b. Remove the word ‘‘non-CNCS’’ and 

add in its place the word ‘‘nonAmeriCorps’’, wherever it appears. 

Fernando Laguarda, 

General Counsel. 

[FR Doc. 2024–02772 Filed 2–13–24; 8:45 am] 

BILLING CODE 6050–28–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 54 

[WC Docket Nos. 10–90, 16–271, 18–143, 

19–126; AU Docket No. 20–34; FCC 24–77; 

FR ID 201594] 

Wireline Competition Bureau Seeks 

Comment on Leveraging the 

Broadband Serviceable Location 

Fabric for High-Cost Support 

Mechanism Deployment Obligations 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: In this document, the 

Wireline Competition Bureau (WCB or 

the Bureau) seeks comment on using the 

data included in the Broadband 

Serviceable Location Fabric (Fabric) to 

update and verify compliance with 

certain High-Cost program support 

recipients’ deployment obligations. 

DATES: Comments are due on or before 

March 15, 2024, and reply comments 

are due on or before April 1, 2024. 

ADDRESSES: Instructions for Filing 

Comments. Pursuant to §§ 1.415 and 

1.419 of the Commission’s rules, 47 CFR 

1.415, 1.419, interested parties may file 

comments on or before the dates 

indicated on the first page of this 

document. Comments may be filed 

using the Commission’s Electronic 

Comment Filing System (ECFS). See 

Electronic Filing of Documents in 

Rulemaking Proceedings, 63 FR 24121 

(1998). 

• Electronic Filers: Comments may be 

filed electronically using the internet by 

accessing the ECFS: http://apps.fcc.gov/ 

ecfs/. 

• Paper Filers: Parties who choose to 

file by paper must file an original and 

one copy of each filing. 

• Filings can be sent by commercial 

overnight courier, or by first-class or 

overnight U.S. Postal Service mail. All 

filings must be addressed to the 

Commission’s Secretary, Office of the 

Secretary, Federal Communications 

Commission. 

• Commercial overnight mail (other 

than U.S. Postal Service Express Mail 

and Priority Mail) must be sent to 9050 

Junction Drive, Annapolis Junction, MD 

20701. 

• U.S. Postal Service first-class, 

Express, and Priority mail must be 

addressed to 45 L Street NE, 

Washington, DC 20554. 

• Effective March 19, 2020, and until 

further notice, the Commission no 

longer accepts any hand or messenger 

delivered filings. This is a temporary 

measure taken to help protect the health 

and safety of individuals, and to 

mitigate the transmission of COVID–19. 

See FCC Announces Closure of FCC 

Headquarters Open Window and 

Change in Hand Delivery Policy, Public 

Notice, 35 FCC Rcd 2788, 2788–89 (OS 

2020). 

People with Disabilities. To request 

materials in accessible formats for 

people with disabilities (braille, large 

print, electronic files, audio format), 

send an email to fcc504@fcc.gov or call 

the Consumer & Governmental Affairs 

Bureau at 202–418–0530 (voice), 202– 

418–0432 (tty). 

FOR FURTHER INFORMATION CONTACT: For 

further information, please contact, 

Heidi Lankau, Telecommunications 

Access Policy Division, Wireline 

Competition Bureau, at Heidi.Lankau@

fcc.gov or (202) 418–7400. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Bureau’s Public Notice 

in WC Docket Nos. 10–90, 16–271, 18– 

143, 19–126 and AU Docket No. 20–34; 


ddrumheller on DSK120RN23PROD with PROPOSALS1