### 23699 Federal Register / Vol. 78, No. 77 / Monday, April 22, 2013 / Proposed Rules

for correct positioning. If the outboard discharge tube is not correctly positioned, this proposed AD would require correcting the positioning. Costs of Compliance

We estimate that this proposed AD would affect 24 U.S. registered helicopters and that labor costs would average $85 per work-hour. Based on these estimates, we expect the following
costs:

• Modifying the No. 1 engine tube would take two work-hours for an estimated labor cost of $170 per helicopter. No parts would be needed, so the cost for the U.S. fleet would total $4,080.

• Inspecting the outboard discharge tube and ensuring that it is in the required position would take about one work-hour for a total labor cost of $85 per helicopter. No parts would be needed for a total U.S. fleet cost of $2,040. Authority for This Rulemaking

Title 49 of the United States Code specifies the FAA’s authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. ‘‘Subtitle VII: Aviation Programs,’’ describes in more detail the scope of the Agency’s authority.

We are issuing this rulemaking under the authority described in ‘‘Subtitle VII, Part A, Subpart III, Section 44701: General requirements.’’ Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings

We determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would not have a substantial direct effect 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.

For the reasons discussed, I certify this proposed regulation:

1. Is not a ‘‘significant regulatory action’’ under Executive Order 12866;

2. Is not a ‘‘significant rule’’ under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); 3. Will not affect intrastate aviation in Alaska to the extent that it justifies making a regulatory distinction; and

4. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

We prepared an economic evaluation of the estimated costs to comply with this proposed AD and placed it in the AD docket. List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation safety, Incorporation by Reference, Safety. The Proposed Amendment

Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

**PART 39—AIRWORTHINESS DIRECTIVES** 

■ 1. The authority citation for part 39 continues to read as follows:

Authority: 49 U.S.C. 106(g), 40113, 44701.

**§ 39.13 [Amended]**

■ 2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD):

SIKORSKY AIRCRAFT CORPORATION: Docket No. FAA–2013–0352; Directorate Identifier 2012–SW–063–AD.
(a) Applicability

This AD applies to Sikorsky Aircraft Corporation (Sikorsky) Model S–92A helicopters, serial numbers 920006 through 920169, certificated in any category.

(b) Unsafe Condition

This AD defines the unsafe condition as failure of the No. 1 engine forward firewall center fire extinguisher discharge tube to discharge an extinguishing agent for complete coverage of the No. 1 engine compartment area. This condition could result in a fire not being extinguished and subsequent loss of helicopter control.
(c) Compliance

You are responsible for performing each action required by this AD within the specified compliance time unless it has already been accomplished prior to that time.
(d) Required Actions

Within 120 days: (1) Modify the No. 1 engine forward firewall center discharge tube in accordance with the Accomplishment Instructions, Paragraph B, of Sikorsky Alert Service Bulletin 92–26–004, dated June 4, 2012 (ASB).

(2) Inspect the outboard discharge tube and determine if it is correctly positioned as depicted in Figure 3 of the ASB. If it is not correctly positioned, correct the positioning in accordance with the Accomplishment Instructions, Paragraph D, of the ASB.
(e) Alternative Methods of Compliance (AMOC)

(1) The Manager, Boston Aircraft Certification Office, FAA, may approve AMOCs for this AD. Send your proposal to: Michael Schwetz, Aviation Safety Engineer, Boston Aircraft Certification Office, Engine & Propeller Directorate, FAA, 12 New England Executive Park, Burlington, Massachusetts 01803; telephone (781) 238–7761; email michael.schwetz@faa.gov.

(2) For operations conducted under a 14 CFR part 119 operating certificate or under 14 CFR part 91, subpart K, we suggest that you notify your principal inspector, or lacking a principal inspector, the manager of the local flight standards district office or certificate holding district office before operating any aircraft complying with this AD through an AMOC.

(f) Additional Information

For service information identified in this AD, contact Sikorsky Aircraft Corporation, Attn: Manager, Commercial Technical Support, mailstop s581a, 6900 Main Street, Stratford, CT 06614; telephone (800) 562– 4409; email tsslibrary@sikorsky.com; or at http://www.sikorsky.com. You may review a copy of information at the FAA, Office of the Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas 76137. (g) Subject

Joint Aircraft Service Component (JASC) Code: 2620, Extinguishing System.

Issued in Fort Worth, Texas, on April 11,
2013. Lance T. Gant, Acting Directorate Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2013–09406 Filed 4–19–13; 8:45 am]

**BILLING CODE 4910–13–P**

**DEPARTMENT OF COMMERCE**

**Office of the Secretary**

**2 CFR Part 1329**

**15 CFR Part 29**

**[Docket No. 0907271171–91172–01]**

**RIN 0605–AA28**

**Implementation of OMB Guidance on Drug-Free Workplace Requirements** 

**AGENCY :**  U.S. Department of Commerce.

**ACTION :**  Proposed rule.

**SUMMARY :**  The U.S. Department of Commerce is proposing to remove its regulation implementing theGovernmentwide common rule on drugfree workplace requirements for financial assistance, and issuing a new regulation to adopt the Office of


### 23700 Federal Register / Vol. 78, No. 77 / Monday, April 22, 2013 / Proposed Rules

Management and Budget (OMB) guidance. 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 U.S. Department of Commerce policy or procedures for drug-free workplace.

**DATES :**  Submit comments by May 22, 2013 on any unintended changes this action makes in U.S. Department of Commerce policies and procedures for drug-free workplace. All comments on unintended changes will be considered and, if warranted, U.S. Department of Commerce will revise the rule.

**ADDRESSES :**  You may submit comments, identified by RIN 0605–AA28, by any of the following methods:

• Federal eRulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments.

• Mail: Gary Johnson, Office of Acquisition Management, U.S. Department of Commerce, Room H– 6412, 1401 Constitution Avenue NW., Washington, DC 20230.

• Hand Delivery/Courier: Same Address as Above.

Instructions: All submissions received must include the agency name and Regulatory Information Number (RIN) for this rulemaking. All comments received will be posted without change to Regulations.gov, including any personal information provided.

**FOR FURTHER INFORMATION CONTACT :**  Gary Johnson, Gjohnso3@doc.gov, 202 482–
1679.

**SUPPLEMENTARY INFORMATION :**  Background

The Drug-Free Workplace Act of 1988, Public Law 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 (74 FR 28149, June 15, 2009) Governmentwide guidance with policies and procedures to implement drug-free workplace requirements for financial assistance. The guidance requires each agency to replace the common rule on drug-free workplace requirements that the agency previously issued in its own CFR title with a brief regulation in 2 CFR adopting the Governmentwide policies and procedures. One advantage of this approach is that it reduces the total volume of drug-free workplace regulations. A second advantage is that it collocates OMB’s guidance and all of the agencies’ implementing regulations in 2 CFR. The Current Regulatory Actions

As the OMB guidance requires, the Department of Commerce is taking two regulatory actions. First, we are proposing to remove the drug-free workplace common rule from 15 CFR part 29. Second, to replace the common rule, we propose to issue a brief regulation in 2 CFR part 1329 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 15 CFR part 29.

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))

Pursuant to section 605(b), the Chief Council for Regulations certified to the Chief Council for Advocacy at the Small Business Administration that the attached proposed rule, if adopted, will not have a significant economic impact on a substantial number of small entities.

The U.S. Department of Commerce is proposing to remove its regulation implementing the Governmentwide common rule on drug-free workplace requirements for financial assistance, currently located within Part 29 of Title 15 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. This regulatory change does not impact any small entities as these changes constitute an administrative simplification that would make no substantive change in U.S. Department of Commerce policy or procedures for drug-free workplace. For the reasons set forth above, this action will not have a significant 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 proposed 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


### 23701 Federal Register / Vol. 78, No. 77 / Monday, April 22, 2013 / Proposed Rules

on the distribution of power and responsibilities among the various levels of government.
List of Subjects

2 CFR Part 1329

Administrative practice and procedure, Drug abuse, Grant programs, Reporting and recordkeeping requirements.

15 CFR Part 29

Administrative practice and procedure, Drug abuse, Grant programs, Reporting and recordkeeping requirements.

Issued this 3rd day of April, 2013 at Washington, DC. Barry E. Berkowitz, Director for Acquisition Management and Procurement Executive.

Accordingly, for the reasons set forth in the preamble, and under the authority of 5 U.S.C. 301 and 41 U.S.C. 701 et seq., the U.S. Department of Commerce proposes to add 2 CFR 1329 and remove 15 CFR 29 as follows:
Title 2—Grants and Agreements

■ 1. Add Part 1329 to Subtitle B, Chapter XIII, to read as follows:

**PART 1329—REQUIREMENTS FOR DRUG-FREE WORKPLACE**  **(FINANCIAL ASSISTANCE)**

Sec. 1329.10 What does this part do? 1329.20 Does this Part apply to me? 1329.30 What policies and procedures must I follow? **Subpart A—Purpose and Coverage [Reserved]** 
**Subpart B—Requirements for Recipients Other Than Individuals**  1329.225 Whom in the Department of Commerce does a recipient other than an individual notify about a criminal drug conviction?
**Subpart C—Requirements for Recipients Who Are Individuals**  1329.300 Whom in the Department of Commerce does a recipient who is an individual notify about a criminal drug conviction?
**Subpart D—Responsibilities of Agency Awarding Officials** 

1329.400 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**  1329.500 Who in the Department of Commerce determines that a recipient other than an individual violated the requirements of this part? 1329.505 Who in the Department of Commerce determines that a recipient who is an individual violated the requirements of this part?
**Subpart F—Definitions [Reserved]**

Authority: 5 U.S.C. 301; 41 U.S.C. 701–
707.

**§ 1329.10 What does this part do?**

This part requires that the award and administration of Department of Commerce 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 Department of Commerce’s grants and cooperative agreements; and

(b) Establishes Department of Commerce 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.

**§ 1329.20 Does this part apply to me?**

This part and, through this part, pertinent portions of the OMB guidance in Subparts A through F of 2 CFR part 182 (see table at 2 CFR 182.115(b)) apply to you if you are a—

(a) Recipient of a Department of Commerce grant or cooperative agreement; or

(b) Department of Commerce awarding official.

**§ 1329.30 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) .............................. § 1329.225 Whom in the Department of Commerce 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) .............................. § 1329.300 Whom in the Department of Commerce a recipient who is an individual must notify if he or she is convicted of a criminal drug offense resulting from a violation occurring during the conduct of any award activity. (3) 2 CFR 182.500 .................................. § 1329.500 Who in the Department of Commerce 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 .................................. § 1329.505 Who in the Department of Commerce 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.


### 23702 Federal Register / Vol. 78, No. 77 / Monday, April 22, 2013 / Proposed Rules

(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, Department of Commerce 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** 

**§ 1329.225 Whom in the Department of Commerce 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 Department of Commerce office from which it currently has an award.

**Subpart C— Requirements for Recipients Who Are Individuals** 

**§ 1329.300 Whom in the Department of Commerce 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 Department of Commerce office from which it currently has an award.

**Subpart D—Responsibilities of Agency Awarding Officials** 

**§ 1329.400 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 1329, 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** 

**§ 1329.500 Who in the Department of Commerce determines that a recipient other**  **than an individual violated the requirements of this Part?** 

The Secretary of Commerce or designee.

**§ 1329.505 Who in the Department of Commerce determines that a recipient who**  **is an individual violated the requirements of this Part?** 

The Secretary of Commerce or designee.

**Subpart F—Definitions [Reserved]**
Title 15—Commerce and Foreign Trade

**PART 29—[Removed and Reserved]**

■ 2. Remove and reserve Part 29. [FR Doc. 2013–09044 Filed 4–19–13; 8:45 am]

**BILLING CODE 3510–03–P**

**DEPARTMENT OF VETERANS AFFAIRS** 

**38 CFR Part 17**

**RIN 2900–AO59**

**Copayment for Extended Care Services** 

**AGENCY :**  Department of Veterans Affairs.

**ACTION :**  Proposed rule.

**SUMMARY :**  The Department of Veterans Affairs (VA) proposes to amend how VA determines the ‘‘spousal resource protection amount,’’ which is the amount of liquid assets of a veteran and community (i.e., not institutionalized) spouse that is considered unavailable when calculating the veteran’s maximum monthly copayment obligation for extended care services longer than 180 days. This proposed rule would define the ‘‘spousal resource protection amount’’ by reference to the Maximum Community Spouse Resource Standard, which is published each year by the Centers for Medicare and Medicaid Services (CMS) and is adjusted annually based on the Consumer Price Index. This change would have the immediate effect of increasing the spousal resource protection amount from $89,280 to $115,920, and would ensure that the spousal resource protection amount stays consistent with the comparable protection for the spouses of Medicaid recipients.

**DATES :**  Comments must be received on or before June 21, 2013.

**ADDRESSES :**  Written comments may be submitted through www.Regulations.gov; by mail or handdelivery to the Director, Regulation Policy and Management (02REG), Department of Veterans Affairs, 810 Vermont Avenue NW., Room 1068, Washington, DC 20420; or by fax to (202) 273–9026. Comments should indicate that they are submitted in response to ‘‘RIN 2900–AO59— Copayment for Extended Care Services.’’ Copies of comments received will be available for public inspection in the Office of Regulation Policy and Management, Room 1068, between the hours of 8 a.m. and 4:30 p.m., Monday through Friday (except holidays). Please call (202) 461–4902 for an appointment. (This is not a toll-free number.) In addition, during the comment period, comments may be viewed online through the Federal Docket Management System (FDMS) at www.Regulations.gov.

**FOR FURTHER INFORMATION CONTACT :**  Kristin J. Cunningham, Director Business Policy, Chief Business Office, Department of Veterans Affairs, 810 Vermont Avenue NW., Washington, DC 20420; (202) 461–1599. (This is not a toll-free number.)

**SUPPLEMENTARY INFORMATION :**  Certain veterans who receive more than 21 days of extended care services provided or paid for by VA are liable for copayments for the care they receive. Section 1710B(d)(2) of title 38, United States Code, requires VA to develop a methodology to determine the amount of those copayments. The methodology must establish a maximum monthly copayment based on the income and assets of the veteran and the veteran’s spouse, and must protect the spouse of a veteran from financial hardship by excluding some of the income and assets of the veteran and spouse from the copayment obligation.

VA established its methodology in 38 CFR 17.111. Under the current rule, veterans who are subject to copayment obligations must pay $5 to $97 per day, depending on the type of extended care received, up to the maximum monthly copayment amount. Married veterans who receive over 180 days of extended care and who have a spouse residing in the community are eligible for spousal resource protection. The spousal resource protection excludes a certain amount of the veteran’s and spouse’s liquid assets, the ‘‘spousal resource protection amount,’’ from consideration in determining a veteran’s maximum copayment obligation. Thus, a higher spousal resource protection amount provides greater benefit to the veteran and spouse because it increases the portion of the family’s liquid assets that