60794 Federal Register / Vol. 79, No. 195 / Wednesday, October 8, 2014 / Proposed Rules 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(g); 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of FAA Order 7400.9Y, 

Airspace Designations and Reporting 

Points, dated August 6, 2014 and 

effective September 15, 2014, is 

amended as follows: 

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface of the earth. 

* * * * * 

AGL ND E5 Edgeley, ND [New] 

Edgeley Municipal Airport, ND 

(Lat. 46°20′59′′ N., long. 098°44′06′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.5-mile 

radius of Edgeley Municipal Airport. 

Issued in Fort Worth, TX, on September 29, 

2014. 

Robert W. Beck, 

Manager, Operations Support Group, ATO 

Central Service Center. 

[FR Doc. 2014–24037 Filed 10–7–14; 8:45 am] 

BILLING CODE 4901–14–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

25 CFR Part 169 

[Docket ID: BIA–2014–0001; 

DR.5B711.IA000814] 

RIN 1076–AF20 

Rights-of-Way on Indian Land 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Proposed rule; Reopening of 

comment period. 

SUMMARY: This notice announces that 

the Department will accept comments 

on the proposed rule governing rightsof-way on Indian land until November 

3, 2014. 

DATES: Comments on this rule must be 

received by November 3, 2014. 

ADDRESSES: You may submit comments 

by any of the following methods: 

• Federal rulemaking portal: http://

www.regulations.gov. The rule is listed 

under the agency name ‘‘Bureau of 

Indian Affairs.’’ The rule has been 

assigned Docket ID: BIA–2014–0001. 

• Email: consultation@bia.gov. 

Include the number 1076–AF20 in the 

subject line. 

• Mail or hand delivery: Ms. 

Elizabeth Appel, Office of Regulatory 

Affairs & Collaborative Action, U.S. 

Department of the Interior, 1849 C Street 

NW., MS 3642, Washington, DC 20240. 

Include the number 1076–AF20 on the 

envelope. 

FOR FURTHER INFORMATION CONTACT: 

Elizabeth Appel, Director, Office of 

Regulatory Affairs & Collaborative 

Action, (202) 273–4680; 

elizabeth.appel@bia.gov. 

SUPPLEMENTARY INFORMATION: 

On June 17, 2014, we published a 

proposed rule to comprehensively 

update and streamline the process for 

obtaining BIA grants of rights-of-way on 

Indian land. See 79 FR 34455. On 

August 18, 20145, we published an 

extension of the comment period, 

establishing a new comment deadline of 

October 2, 2014. We have received 

several requests for an additional 

extension of the comment period. On 

October 1, 2014, we released a press 

release notifying the public that we are 

extending the comment period again to 

allow additional time for tribal and 

public comment. While our intention 

was to extend the comment period 

before it closed, circumstances 

prevented this. For this reason, we will 

accept all comments received between 

June 17, 2014, and November 3, 2014, 

including any comment received 

between October 2, 2014, and October 8, 

2014. 

Please note that none of the following 

will be considered or included in the 

docket for this rulemaking: Comments 

received after November 3, 2014; 

comments sent to an address other than 

those listed above; or anonymous 

comments. 

The proposed rule, frequently asked 

questions, and other information are 

online at: http://www.bia.gov/

WhoWeAre/AS-IA/ORM/RightsofWay/

index.htm. 

Dated: October 2, 2014. 

Kevin K. Washburn, 

Assistant Secretary—Indian Affairs. 

[FR Doc. 2014–24023 Filed 10–7–14; 8:45 am] 

BILLING CODE 4310–W7–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 86 

[Docket ID: DOD–2013–OS–0009] 

RIN 0790–AJ19 

Background Checks on Individuals in 

DoD Child Care Services Programs 

Correction 

In proposed rule document 2014– 

23061 beginning on page 59168 in the 

issue of Wednesday, October 1, 2014, 

make the following correction: 

§ 86.6 [Corrected] 

In § 86.6, on page 59172, in the third 

column, between the twelfth and 

thirteenth lines, insert the following 

text: 

(ii) Individuals with a prior DoD 

affiliation must also complete an IRC, 

which includes an installation law 

enforcement check, drug and alcohol 

records check, and a check of the 

Family Advocacy Program (FAP) 

records for a minimum of 2 years before 

the date of the application. 

(3) Criminal History Background 

Checks for FCC Providers and 

Contractors. 

(i) In accordance with 42 U.S.C. 

13041, complete a CNACI, which 

includes an FBI criminal history 

background check conducted through 

the Criminal Justice Information 

Services Division of the FBI and SCHR 

checks through State repositories of all 

States that a provider or contractor or 

prospective provider or contractor lists 

as current and former residences in an 

employment application. Results of an 

advanced FBI fingerprint check must be 

provided before completion of the full 

CNACI. Results for contractors may be 

used to determine employment under 

LOSS. 

(ii) Individuals with a prior DoD 

affiliation must also complete an IRC, 

including an installation law 

enforcement check, drug and alcohol 

records check, and a check of the FAP 

records for a minimum of 2 years before 

the date of the application. 

(4) Criminal History Background 

Checks for Others. 

(i) In accordance with 42 U.S.C. 

13041, only an FBI advanced fingerprint 

check is required for criminal history 

background checks for specified 

volunteers and persons 18 years of age 

or older residing in an FCC, foster, or 

respite care home. 

(ii) Individuals with a prior DoD 

affiliation must also complete an IRC to 

include: an installation law enforcement 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
Federal Register / Vol. 79, No. 195 / Wednesday, October 8, 2014 / Proposed Rules 60795 

check, drug and alcohol records check, 

and a check of the FAP records for a 

minimum of 2 years before the date of 

the application. 

(5) Timely Completion. To ensure 

timely completion, the DoD 

Components will establish procedures 

to initiate or request criminal history 

background check results, follow up to 

ensure checks have been completed, 

and address situations where there is a 

delay in receiving results. In no event 

will an individual subject to this part be 

presumed to have a favorable 

background check merely because there 

has been a delay in receiving the results 

of the requisite background check. If no 

response from the state(s) is received 

within 60 days, determinations based 

upon the CNACI report may be made. 

(c) Criteria for Disqualification Based 

on Results on Criminal History 

Background Checks. The ultimate 

decision to determine how to use 

information obtained from the criminal 

history background checks in selection 

for positions involving the care, 

treatment, supervision, or education of 

children must incorporate a common 

sense decision based upon all known 

facts. Adverse information is evaluated 

by the DoD Component who is qualified 

at the appropriate level of command in 

interpreting criminal history 

background checks. All information of 

record both favorable and unfavorable 

will be assessed in terms of its 

relevance, recentness, and seriousness. 

Likewise, positive mitigating factors 

should be considered. Final suitability 

decisions shall be made by that 

commander or designee. Criteria that 

will result in disqualification of an 

applicant require careful screening of 

the data. A disqualifying event may be 

the basis for a nonselection, withdrawal 

of a tentative offer of employment, 

ineligibility for facility access, removal 

from a contract, a suitability action 

under 5 CFR part 731, a probationary 

termination, an adverse action, or other 

appropriate action. 

(1) Criteria for Automatic 

Disqualification. No person, regardless 

of circumstances, will be approved to 

provide child care services pursuant to 

this part if the background check 

discloses: 

(i) That the individual has been 

convicted in either a civilian or military 

court (to include any general, special or 

summary court-martial conviction) or 

received non-judicial punishment 

(under Article 15 or chapter 47 of Title 

10, U.S.C., also known and referred to 

in this instruction as ‘‘the Uniform Code 

of Military Justice (UCMJ)’’ (Reference 

(j) for any of the following: 

(A) A sexual offense. 

(B) Any criminal offense involving a 

child victim. 

(C) A felony drug offense. 

(ii) That the individual has been held 

to be negligent in a civil adjudication or 

administrative proceeding concerning 

the death or serious injury to a child or 

dependent person entrusted to the 

individual’s care. 

(d) Suitability and Fitness 

Determinations for Individuals Involved 

With the Provision of Child Care 

Services. Suitability and fitness 

determinations for individuals subject 

to this part will be made in accordance 

with Volume 731, Volume 1231, and 

Subchapter 1403 of DoD Instruction 

1400.25, part 1201 of 5 U.S.C., as 

appropriate. The following may be the 

basis for nonselection, withdrawal of a 

tentative offer of employment, 

ineligibility for facility access, removal 

from a contract, a suitability action 

under Reference (d), a probationary 

termination, an adverse action, or other 

appropriate action. 

(1) Criteria for Presumptive 

Disqualification. Officials charged with 

making determinations pursuant to this 

part must include in the record a 

written justification for any favorable 

determination made where background 

check findings include any of the 

following presumptively disqualifying 

information: 

(i) A FAP record indicating that the 

individual met criteria for child abuse 

or neglect or civil adjudication that the 

individual committed child abuse or 

neglect. 

(ii) Evidence of an act or acts by the 

individual that tend to indicate poor 

judgment, unreliability, or 

untrustworthiness in providing child 

care services. 

[FR Doc. C1–2014–23061 Filed 10–7–14; 8:45 am] 

BILLING CODE 1505–01–D 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–R04–RCRA–2012–0179; FRL–9917– 

52–Region–4] 

Florida: Final Authorization of State 

Hazardous Waste Management 

Program Revisions 

AGENCY: Environmental Protection 

Agency. 

ACTION: Proposed rule. 

SUMMARY: Florida has applied to the 

Environmental Protection Agency (EPA) 

for final authorization of changes to its 

hazardous waste program under the 

Resource Conservation and Recovery 

Act (RCRA). These changes correspond 

to certain Federal rules promulgated 

between July 1, 2007 and June 30, 2009, 

and July 1, 2010 and June 30, 2011 (also 

known as RCRA Clusters XVIII, XIX and 

XXI). With this proposed rule, EPA is 

proposing to grant final authorization to 

Florida for these changes. Along with 

this proposed rule, EPA is publishing an 

immediate final rule in the ‘‘Rules and 

Regulations’’ section of today’s Federal 

Register pursuant to which EPA is 

authorizing these changes. EPA did not 

issue a proposed rule before today 

because EPA believes this action is not 

controversial and does not expect 

comments that oppose it. EPA has 

explained the reasons for this 

authorization in the immediate final 

rule. Unless EPA receives written 

comments that oppose this 

authorization during the comment 

period, the immediate final rule in 

today’s Federal Register will become 

effective on the date it establishes, and 

EPA will not take further action on this 

proposal. If EPA receives comments that 

oppose this action, EPA will withdraw 

the immediate final rule and it will not 

take effect. EPA will then respond to 

public comments in a later final rule 

based on this proposed rule. You may 

not have another opportunity to 

comment on these State program 

changes. If you want to comment on this 

action, you must do so at this time. 

DATES: Send your written comments by 

November 7, 2014. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

RCRA–2012–0179, by one of the 

following methods: 

• Federal eRulemaking Portal: 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Email: shipley.anita@epa.gov 

• Fax: (404) 562–9964 (prior to 

faxing, please notify the EPA contact 

listed below) 

• Mail: Send written comments to 

Anita K. Shipley, Permits and State 

Programs Section, RCRA Programs and 

Materials Management Branch, RCRA 

Division, U.S. Environmental Protection 

Agency, Atlanta Federal Center, 61 

Forsyth Street SW., Atlanta, Georgia 

30303–8960. 

• Hand Delivery or Courier: Deliver 

your comments to Anita K. Shipley, 

Permits and State Programs Section, 

RCRA Programs and Materials 

Management Branch, RCRA Division, 

U.S. Environmental Protection Agency, 

Atlanta Federal Center, 61 Forsyth 

Street SW., Atlanta, Georgia 30303– 

8960. Such deliveries are only accepted 

during the Regional Office’s normal 

hours of operation, and special 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS