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

39133 

Vol. 75, No. 130 

Thursday, July 8, 2010 

NATIONAL FOUNDATION ON THE 

ARTS AND THE HUMANITIES 

2 CFR Part 3186 

45 CFR Part 1186 

RIN 3137–AA19 

Institute of Museum and Library 

Services Implementation of OMB 

Guidance on Drug-Free Workplace 

Requirements 

AGENCY: Institute of Museum and 

Library Services, National Foundation 

on the Arts and the Humanities. 

ACTION: Final rule. 

SUMMARY: The Institute of Museum and 

Library Services (IMLS) is removing its 

regulation implementing the 

Governmentwide common rule on drugfree workplace requirements for 

financial assistance, currently located 

within Part 1186 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 IMLS 

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 IMLS policies and 

procedures for drug-free workplace. All 

comments on unintended changes will 

be considered and, if warranted, IMLS 

will revise the rule. 

ADDRESSES: Institute of Museum and 

Library Services, 1800 M Street, NW., 

9th Floor, Washington, DC 20036. 

Telephone: (202) 653–4657; Teletype 

(TTY/TDD) for persons with hearing 

difficulty: (202) 653–4614. 

FOR FURTHER INFORMATION CONTACT: 

Calvin D. Trowbridge III, Deputy 

General Counsel, Institute of Museum 

and Library Services, 1800 M Street, 

NW., 9th Floor, Washington, DC 20036. 

Telephone: (202) 653–4675; Teletype 

(TTY/TDD) for persons with hearing 

difficulty: (202) 653–4614; Fax: (202) 

653–4610; E-mail: 

ctrowbridge@imls.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 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, 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] 

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 [28 

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 collocates OMB’s guidance and all of 

the agencies’ implementing regulations 

in 2 CFR. 

The Current Regulatory Actions 

As the OMB guidance requires, IMLS 

is taking two regulatory actions. First, 

we are removing the drug-free 

workplace common rule from 45 CFR 

part 1186. Second, to replace the 

common rule, we are issuing a brief 

regulation in 2 CFR part 3186 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 45 CFR part 1186. 

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 

as guidance in 2008—and adopted each 


srobinson on DSKHWCL6B1PROD with RULES
39134 Federal Register / Vol. 75, No. 130 / Thursday, July 8, 2010 / Rules and Regulations 

time after resolution of the comments 

received. 

This direct final rule is solely an 

administrative simplification that would 

make no substantive change in IMLS 

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. 

List of Subjects 

2 CFR Part 3186 

Administrative practice and 

procedure, Drug abuse, Grant programs, 

Reporting and recordkeeping 

requirements. 

45 CFR Part 1186 

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, the IMLS 

amends the Code of Federal 

Regulations, Title 2, Subtitle B, Chapter 

XXXI, and Title 45, Chapter XI, part 

1186, as follows: 

Title 2—Grants and Agreements 

■ 1. Add part 3186 in Subtitle B, 

Chapter XXXI, to read as follows: 

PART 3186—REQUIREMENTS FOR 

DRUG-FREE WORKPLACE 

(FINANCIAL ASSISTANCE) 

Sec. 

3186.10 What does this part do? 

3186.20 Does this part apply to me? 

3186.30 What policies and procedures 

must I follow? 

Subpart A—Purpose and Coverage 

[Reserved] 

Subpart B—Requirements for Recipients 

Other Than Individuals 

3186.225 Whom in the IMLS does a 

recipient other than an individual notify 

about a criminal drug conviction? 

Subpart C—Requirements for Recipients 

Who Are Individuals 

3186.300 Whom in the IMLS does a 

recipient who is an individual notify 

about a criminal drug conviction? 

Subpart D—Responsibilities of Agency 

Awarding Officials 

3186.400 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 

3186.500 Who in the IMLS determines that 

a recipient other than an individual 

violated the requirements of this part? 

3186.505 Who in the IMLS determines that 

a recipient who is an individual violated 

the requirements of this part? 

Authority: 41 U.S.C. 701–707. 

§ 3186.10 What does this part do? 

This part requires that the award and 

administration of IMLS 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 IMLS’s grants and 

cooperative agreements; and 

(b) Establishes IMLS 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. 

§ 3186.20 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 an IMLS grant or 

cooperative agreement; or 

(b) IMLS awarding official. 

§ 3186.30 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) .............. § 3186.225 Whom in the IMLS 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) .............. § 3186.300 Whom in the IMLS 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. 


srobinson on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 75, No. 130 / Thursday, July 8, 2010 / Rules and Regulations 39135 

Section of OMB guidance 

Section in this 

part where 

supplemented 

What the supplementation clarifies 

(3) 2 CFR 182.500 ................... § 3186.500 Who in the IMLS 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 ................... § 3186.505 Who in the IMLS 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, 

IMLS 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 

§ 3186.225 Whom in the IMLS 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 IMLS 

office from which it currently has an 

award. 

Subpart C—Requirements for 

Recipients Who Are Individuals 

§ 3186.300 Whom in the IMLS 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 IMLS office from 

which it currently has an award. 

Subpart D—Responsibilities of Agency 

Awarding Officials 

§ 3186.400 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 2 CFR part 3186, 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 

§ 3186.500 Who in the IMLS determines 

that a recipient other than an individual 

violated the requirements of this part? 

The IMLS Chief Financial Officer is 

the official authorized to make the 

determination under 2 CFR 182.500. 

§ 3186.505 Who in the IMLS determines 

that a recipient who is an individual violated 

the requirements of this part? 

The IMLS Chief Financial Officer is 

the official authorized to make the 

determination under 2 CFR 182.505. 

Title 45—Public Welfare 

Chapter XI—National Foundation on the 

Arts and the Humanities 

■ 2. Remove Part 1186. 

Calvin D. Trowbridge III, 

Deputy General Counsel. 

[FR Doc. 2010–15395 Filed 7–7–10; 8:45 am] 

BILLING CODE 7036–01–P 

DEPARTMENT OF AGRICULTURE 

Commodity Credit Corporation 

7 CFR Part 1455 

RIN 0560–AH98 

Voluntary Public Access and Habitat 

Incentive Program 

AGENCY: Farm Service Agency and 

Commodity Credit Corporation, USDA. 

ACTION: Interim rule. 

SUMMARY: This rule establishes the 

Commodity Credit Corporation (CCC) 

regulations for the Voluntary Public 

Access and Habitat Incentive Program 

(VPA–HIP). This is a new program 

authorized by the Food, Conservation, 

and Energy Act of 2008 (the 2008 Farm 

Bill). The purpose of VPA–HIP is to 

provide grants to State and tribal 

governments to encourage owners and 

operators of privately-held farm, ranch, 

and forest land to voluntarily make that 

land available for access by the public 

for wildlife-dependent recreation, 

including hunting, fishing, and other 

compatible recreation and to improve 

fish and wildlife habitat on their land, 

under programs administered by State 

or tribal governments. 

DATES: Effective Date: This interim rule 

is effective July 8, 2010. 

Comment Date: We will consider 

comments that we receive by September 

7, 2010. 

ADDRESSES: We invite you to submit 

comments on this interim rule. In your 

comment, include the volume, date, and 

page number of this issue of the Federal 

Register. You may submit comments by 

any of the following methods, however, 

we strongly encourage using the first 

address to submit your comment 

through http://www.regulations.gov: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

• Mail: Director, Conservation and 

Environmental Programs Division 

(CEPD), U.S. Department of Agriculture 

(USDA) FSA CEPD, STOP 0513, 1400 

Independence Avenue, SW., 

Washington, DC 20250–0513. 

• Hand Delivery or Courier: Deliver 

comments to the above address. 

Comments may be inspected at the 

mail address listed above between 8 

a.m. and 4:30 p.m., Monday through 

Friday, except holidays. A copy of this 

interim rule is available through the 

Farm Service Agency (FSA) home page 

at http://www.fsa.usda.gov/. 

FOR FURTHER INFORMATION CONTACT: 

Robert Stephenson, Director, CEPD; 

telephone 202–720–6221; e-mail: 

cepdmail@wdc.usda.gov. Persons with 

disabilities who require alternative 

means for communication (Braille, large 

print, audiotape, etc.) should contact the 

USDA Target Center at 202–720–2600 

(voice and TDD). 

SUPPLEMENTARY INFORMATION: 

Background 

Section 2606 (16 U.S.C. 3839bb–5) of 

the 2008 Farm Bill (Pub. L. 110–246) 

authorizes a new VPA–HIP. VPA–HIP 

provides a new opportunity for State 

and tribal governments to apply for 

grants to encourage owners and 

operators of privately-held farm, ranch, 

and forest land to voluntarily make that 

land available for access by the public 

for wildlife-dependent recreation, 

including hunting, fishing, and other 


srobinson on DSKHWCL6B1PROD with RULES