Federal Register / Vol. 75, No. 206 / Tuesday, October 26, 2010 / Proposed Rules 65595 

OAC to consolidate the state’s AAQS. 

On September 10, 2009, Ohio EPA 

requested from EPA approval of 

amendments to OAC with the intent to 

consolidate Ohio’s AAQS into a single 

rule to provide greater accessibility for 

the regulated community and to the 

citizens of Ohio. EPA is proposing to 

approve the request because the 

revisions clarify the state’s rules and 

thus better serve the purpose of 

providing for meeting these standards. 

DATES: Comments must be received on 

or before November 26, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2009–0807, by one of the 

following methods: 

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

the on-line instructions for submitting 

comments. 

2. E-mail: bortzer.jay@epa.gov. 

3. Fax: (312) 692–2054. 

4. Mail: Jay Bortzer, Chief, Air 

Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. 

5. Hand Delivery: Jay Bortzer, Chief, 

Air Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. Such deliveries are only 

accepted during the Regional Office 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. The 

Regional Office official hours of 

business are Monday through Friday, 

8:30 a.m. to 4:30 p.m., excluding 

Federal holidays. 

Please see the direct final rule which 

is located in the Rules section of this 

Federal Register for detailed 

instructions on how to submit 

comments. 

FOR FURTHER INFORMATION CONTACT: 

Melissa M. Barnhart, Environmental 

Scientist, Control Strategies Section, Air 

Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 353–8647, 

barnhart.melissa@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

Final Rules section of this Federal 

Register, EPA is approving the State’s 

SIP submittal as a direct final rule 

without prior proposal because the 

Agency views this as a noncontroversial 

submittal and anticipates no adverse 

comments. A detailed rationale for the 

approval is set forth in the direct final 

rule. If no adverse comments are 

received in response to this rule, no 

further activity is contemplated. If EPA 

receives adverse comments, the direct 

final rule will be withdrawn and all 

public comments received will be 

addressed in a subsequent final rule 

based on this proposed rule. EPA will 

not institute a second comment period. 

Any parties interested in commenting 

on this action should do so at this time. 

Please note that if EPA receives adverse 

comment on an amendment, paragraph, 

or section of this rule and if that 

provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. For additional information, 

see the direct final rule which is located 

in the Rules section of this Federal 

Register. 

Dated: September 17, 2010. 

Susan Hedman, 

Regional Administrator, Region 5. 

[FR Doc. 2010–26964 Filed 10–25–10; 8:45 am] 

BILLING CODE 6560–50–P 

CORPORATION FOR NATIONAL AND 

COMMUNITY SERVICE 

45 CFR Part 2553 

RIN 3045–AA52 

Retired and Senior Volunteer Program 

Amendments 

AGENCY: Corporation for National and 

Community Service. 

ACTION: Notice of proposed rule with 

request for comments. 

SUMMARY: This proposed rule sets forth 

a competitive process for selecting grant 

recipients for the Retired and Service 

Volunteer Program (‘‘RSVP’’), including 

performance measurement 

requirements, as required by the 

Domestic Volunteer Service Act 

(DVSA), as amended by the Edward M. 

Kennedy Serve America Act (Serve 

America Act) of April 21, 2009. 

DATES: Submit comments on or before 

December 27, 2010. 

ADDRESSES: You may submit and read 

comments through the Federal 

government’s one-stop rulemaking Web 

site at http://www.regulations.gov. You 

may also mail or deliver your comments 

to Amy Borgstrom, Docket Manager, 

Corporation for National and 

Community Service, 1201 New York 

Ave., NW., Washington, DC 20525. 

Members of the public may review 

copies of all communications received 

on this rulemaking at the Corporation’s 

Washington, DC headquarters. 

FOR FURTHER INFORMATION CONTACT: 

Amy Borgstrom, Docket Manager, 

Corporation for National and 

Community Service, (202) 606–6930, 

TDD (202) 606–3472. Persons with 

visual impairments may request this 

document in an alternate format. 

SUPPLEMENTARY INFORMATION: 

I. Invitation to Comment 

We invite you to submit comments 

about these proposed regulations. To 

ensure that your comments have 

maximum value in helping us develop 

the final regulations, we urge you to 

identify clearly the specific section or 

sections of the proposed regulations that 

each comment addresses and to arrange 

your comments in the same order as the 

proposed regulations. During and after 

the comment period, you may inspect 

all public comments about these 

proposed regulations on http:// 

www.regulations.gov or by contacting 

the Docket Manager listed in this notice. 

Assistance to Individuals With 

Disabilities in Reviewing the 

Rulemaking Record 

On request, we will supply an 

appropriate aid, such as a reader or 

print magnifier, to an individual with a 

disability who needs assistance to 

review the comments or other 

documents in the public rulemaking 

record for these proposed regulations. If 

you want to schedule an appointment 

for this type of aid, please contact Amy 

Borgstrom, Docket Manager, 

Corporation for National and 

Community Service, 

aborgstrom@cns.gov, TDD (202) 606– 

3472. 

II. Background 

On April 21, 2009, President Obama 

signed into law the Edward M. Kennedy 

Serve America Act (Serve America Act) 

(Pub. L. 111–13). The Serve America 

Act reauthorizes and expands national 

service programs administered by the 

Corporation for National and 

Community Service (‘‘the Corporation’’) 

by amending the National and 

Community Service Act of 1990 (NCSA) 

and the Domestic Volunteer Service Act 

of 1973 (DVSA). 

The Serve America Act amended the 

DVSA by requiring the Corporation to 

develop a competitive process for 

selecting grant recipients for the Retired 

and Senior Volunteer Program (‘‘RSVP’’) 

beginning in fiscal year 2013. Section 

201(e) of the DVSA requires that the 

Corporation promulgate regulations 

within 18 months of the enactment of 

the Serve America Act establishing the 

competitive grantmaking process for the 

Retired and Senior Volunteer Program. 

The competitive process, as directed by 

statute, will include the use of peer 

review panels with expertise in senior 

service and aging, site visits as 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
65596 Federal Register / Vol. 75, No. 206 / Tuesday, October 26, 2010 / Proposed Rules 

appropriate, and evaluations of existing 

grantees. The amended statute requires 

that, beginning in fiscal year 2013, 

RSVP grants be awarded for a period of 

3 years, with an option for renewal of 

3 years if the grantee meets the 

performances measures established in 

its grant award, as well as complying 

with the terms and conditions of the 

grant. 

III. Proposed Rule 

The current competitive process for 

selecting RSVP grantees only occurs 

when there is new money above the 

appropriated base funding for RSVP 

grants. The future competitive process 

for selecting RSVP grantees will include 

the same elements specified in the 

amended DVSA that have been used for 

previous competitive processes. The 

elements specified in the amended 

DVSA are discussed below. 

A. Peer review panels [DVSA sec. 

201(e)(2)(B)(i); 45 CFR 2553.71(b)]: As of 

2013, RSVP grant applications will be 

reviewed by blended peer review panels 

that will include members with 

specialized expertise in senior service 

and aging, as well as Corporation staff, 

who will offer their expert opinions 

concerning each application. The use of 

blended peer review panels is well 

established at the Corporation and is 

currently part of the process of selecting 

grantees for other programs such as 

AmeriCorps and Learn and Serve 

America. The Corporation also has 

considerable experience in using 

outside reviewers with expertise in 

senior service and aging on selection 

panels for Senior Corps grants, 

including RSVP. The Corporation’s 

existing processes for announcing peer 

review opportunities, registering 

potential reviewers, selecting reviewers 

for particular competitions, managing 

review panels, and considering peer 

review opinions in making the final 

selection of grantees will be adapted to 

meet the requirements for RSVP grant 

competitions. 

B. Site inspections [DVSA sec. 

201(e)(2)(B)(ii); 45 CFR 2553.71(b)]: As 

appropriate, on-going RSVP grant 

projects or proposed project sites may 

be visited by Corporation 

representatives as part of the 

competitive selection process. While 

such site visits would normally not be 

needed, circumstances could arise 

during the grantee selection process 

where on-site observations or meetings 

might be helpful, for example, in 

clarifying aspects of an application or 

validating the capacity of an 

organization to administer a Federal 

grant. 

C. Performance Measures, Outcomes, 

and Other Criteria [DVSA sections 

201(e)(2)(B)(v) and 201(g); 45 CFR 

2553.12(l) and Subpart J]: As a part of 

the competitive process, the Corporation 

will develop performance measures, 

outcomes, and other criteria that will be 

used in the evaluation of applicants. 

The performance measures will be 

established in the Notification of 

Funding Availability and may be 

different than those incorporated in 

current grants. These performance 

measures, outcomes, and criteria will 

reflect the different needs of rural and 

urban communities. These performance 

measures, outcomes, and criteria will be 

used in conducting the competitive 

process and in developing assessment 

reports as described in paragraph D, 

below. Performance measures will be 

published in the Notification of Funding 

Availability. 

Pursuant to section 201 (g)(2)(A) & (B) 

of the Serve America Act, prior to Fiscal 

Year 2014, that is, the first year after 

initiation of the competitive process, the 

performance measures, outcomes, and 

other criteria established for the process 

may not be updated or modified, except 

when the Corporation determines that a 

performance measure, outcome, or 

criterion has become operationally 

problematic. In such cases, after 

consulting with RSVP project directors, 

sponsor executives, and others as 

appropriate, and notifying the 

authorizing committees, the Corporation 

may eliminate that performance 

measure, outcome, or criterion, or 

modify it. 

D. Assessments of existing RSVP 

projects [DVSA sections 201(f) and (g); 

45 CFR 2553(f)]: All existing RSVP 

grants will receive a report from the 

Corporation in a standardized format 

that assesses program strengths and 

weaknesses in a way that can assist the 

grantee with program improvement. The 

Corporation has set up a mechanism for 

consulting with RSVP project directors 

during the development and 

implementation of the assessment 

process. This report will guide the 

Corporation’s training and technical 

assistance for the project. The 

standardized report will, in addition to 

assessing the program’s strengths and 

weaknesses, include— 

• An assessment of the extent to 

which the grantee meets or exceeds the 

performance measures, outcomes, and 

other criteria established for its grant; 

• An assessment of whether the 

program has adequately addressed the 

needs of the population and community 

it serves; 

• An assessment of the project’s 

efforts to collaborate with other 

community organizations, units of 

government, and entities providing 

services to seniors; 

• An assessment of the project’s 

compliance with requirements for 

appropriate use of Federal funds, based 

on use of a protocol for fiscal 

management; 

• An assessment of whether the 

project is in conformity with eligibility, 

outreach, enrollment, and other RSVP 

programmatic requirements. 

To the maximum extent practicable, 

the report for each project will take into 

account input received from individuals 

who are knowledgeable about RSVP, 

including current or former employees 

of the Corporation and representatives 

of the communities served by RSVP 

volunteers. 

To the maximum extent practicable, 

the process of assessing existing RSVP 

grants will begin in Fiscal Year 2010 

and run through Fiscal Year 2012, with 

the objective of completing the 

assessment and resulting training and 

technical assistance prior to conducting 

the initial cycle of grant competitions in 

Fiscal Year 2013. 

E. Maintenance of volunteers and 

geographic service areas [DVSA sec. 

201(e)(2)(B)(iv)]: The Corporation will 

ensure that (a) grants awarded as a 

result of the competitive selection 

process beginning in Fiscal Year 2013 

are for at least the same number of 

volunteers annually as were supported 

for the service area during the previous 

grant cycle and (b) maintain a similar 

program distribution as was maintained 

during the previous grant cycle. In 

addition, the Corporation will minimize 

any disruption to RSVP volunteers that 

might result from implementing the 

competitive process of grantee selection. 

F. Program Termination [DVSA sec. 

201(g)(3); 45 CFR 2553.31]: Until 2013, 

the Corporation will continue to initiate 

termination or denial of an application 

for refunding in the event that a grantee 

does not meet one or more of the 

performance measures, outcomes, and 

other criteria established as described 

above. Any such termination or denial 

of refunding will follow the notification 

and due process currently followed in 

such cases, in accordance with Section 

412 of the DVSA, as implemented by 45 

CFR part 1206 Grants and Contracts— 

Suspension and Termination and Denial 

of Application for Refunding, except 

that after initiation of competition in FY 

2013, the provisions governing denial of 

refunding will not apply to a grant that 

has been competed in accordance with 

45 CFR 2553.71, and where the grantee 

has also completed its optional threeyear renewal term. 


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Federal Register / Vol. 75, No. 206 / Tuesday, October 26, 2010 / Proposed Rules 65597 

G. Technical Assistance [DVSA sec. 

201(h) and (j); 45 CFR 2553.71(f)]: The 

Corporation will develop procedures for 

providing technical assistance, 

including regular monitoring visits, to 

assist grantees in meeting the 

established performance measures, 

outcomes, and criteria. One component 

of such technical assistance, which was 

launched in October 2009, is an online 

resource guide available at http:// 

www.nationalserviceresources.org/rsvponline-resource-guide. The Corporation 

updates this online guide from time to 

time with examples of high-performing 

RSVP projects and other information. 

H. Grant Extension for Purpose of 

New Competition [DVSA sec. 201(i); 

2553.71(e)]: To minimize disruption to 

volunteers and services, if a grantee fails 

to meet one or more of the established 

performance measures, outcomes, and 

other criteria, the Corporation will 

continue to fund the current grantee for 

up to 12 months if the competition for 

a replacement sponsor has not resulted 

in a replacement sponsor. During those 

12 months, the Corporation will 

conduct a new competition to serve the 

geographic area served by the current 

grantee and reach out to other potential 

sponsors. The current grantee will be 

eligible for the new competition and, 

during the 12-month period, the 

Corporation may continue to provide 

training and technical assistance in 

meeting established performance 

measures. 

All provisions of part 2553 not 

modified by the amendments described 

below will remain in effect, including 

the provision in § 2553.72 (a) that a 

‘‘Corporation grant may be awarded to 

fund up to 90 percent of the total project 

cost in the first year, 80 percent in the 

second year, and 70 percent in the third 

and succeeding years.’’ Thus, the 

Corporation will continue to require 

that a current grantee applying for a new 

grant must contribute from nonCorporation funds at least 30 percent of 

the total project cost. A new applicant, 

on the other hand, will be required to 

contribute 10 percent in the first year of 

the grant, 20 percent in the second year, 

and 30 percent in the third and 

succeeding years. 

IV. Effective Dates 

The Corporation intends to make any 

final rule based on this proposed rule 

effective on the date that the final rule 

is published in the Federal Register. 

V. Non-Regulatory Issues 

Executive Order 12866 

Under Executive Order 12866, the 

Chief Executive Officer must determine 

whether this regulatory action is 

‘‘significant’’ and therefore subject to the 

requirements of the Executive Order and 

review by OMB. Section 3(f) of 

Executive Order 12866 defines a 

‘‘significant regulatory action’’ as an 

action likely to result in a rule that may 

(1) have an annual effect on the 

economy of $100 million or more, or 

adversely affect a sector of the economy, 

productivity, competition, jobs, the 

environment, public health or safety, or 

State, local or tribal governments, or 

communities in a material way (also 

referred to as an ‘‘economically 

significant’’ rule); (2) create serious 

inconsistency or otherwise interfere 

with an action taken or planned by 

another agency; (3) materially alter the 

budgetary impacts of entitlement grants, 

user fees, or loan programs or the rights 

and obligations of recipients thereof; or 

(4) create novel legal or policy issues 

arising out of legal mandates, the 

President’s priorities, or the principles 

set forth in the Executive Order. The 

Chief Executive Officer has determined 

that this regulatory action, while not 

economically significant, is significant 

because Congress is requiring recompetition for the RSVP program for 

the first time. 

Regulatory Flexibility Act 

The Corporation has determined that 

the regulatory action will not result in 

(1) an annual effect on the economy of 

$100 million or more; (2) a major 

increase in costs or prices for 

consumers, individual industries, 

Federal, State, or local government 

agencies, or geographic regions; or 

(3) significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or on the 

ability of United States-based 

enterprises to compete with foreignbased enterprises in domestic and 

export markets. Therefore, the 

Corporation has not performed the 

initial regulatory flexibility analysis that 

is required under the Regulatory 

Flexibility Act (5 U.S.C. 6.) 

Paperwork Reduction Act of 1995 

Under the procedures established by 

the Paperwork Reduction Act of 1995, a 

person is not required to respond to a 

collection of information by a Federal 

agency unless the collection displays a 

valid OMB control number. This 

rulemaking would not establish any 

new information collection 

requirements. 

List of Subjects in 45 CFR Part 2553 

Aged, Grant programs—social 

programs, Volunteers. 

For the reasons set forth in the 

preamble, the Corporation for National 

and Community Service proposes to 

amend 45 CFR part 2553 as follows: 

PART 2553—THE RETIRED AND 

SENIOR VOLUNTEER PROGRAM 

1. The authority citation for part 2553 

continues to read as follows: 

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

2. Amend § 2553.12 by removing the 

alphabetical paragraph designations and 

adding a definition for ‘‘performance 

measures’’ in alphabetical order to read 

as follows: 

§ 2553.12 Definitions. 

* * * * * 

Performance measures. Indicators 

intended to help determine the impact 

of an RSVP project on the community, 

including the volunteers. Performance 

measures currently include, but are not 

limited to, the following performance 

indicators: 

(1) Output indicator. The amount or 

units of service that RSVP volunteers 

have completed, or the number of 

people the project has served. An output 

indicator does not provide information 

on benefits or other changes in the lives 

of the volunteers or the people served. 

(2) Outcome indicator. Specifies a 

change that has occurred in the lives of 

the people served or the volunteers. It 

is an observable and measurable 

indication of whether or not a project is 

making progress toward its outcome 

target. 

* * * * * 

3. Amend § 2553.23 by adding new 

paragraphs (i) and (j) to read as follows: 

§ 2553.23 What are a sponsor’s program 

responsibilities? 

* * * * * 

(i) Minimize any disruption to RSVP 

volunteers when one sponsor is 

replaced by another as a result of 

relinquishment, denial of refunding, or 

recompetition of a grant. 

(j) Make every effort to meet such 

performance measures as may be 

established for the RSVP project by 

mutual agreement. 

4. Amend § 2553.31 by revising 

paragraph (c) to read as follows: 

§ 2553.31 What are the rules on 

suspension, termination and denial of 

refunding of grants? 

* * * * * 

(c) Beginning in FY 2013, the 

procedures for suspension and 

termination of RSVP grants, which are 

specified in 45 CFR part 1206, shall 

continue to apply, but the procedures in 

part 1206 applicable to denial of 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
65598 Federal Register / Vol. 75, No. 206 / Tuesday, October 26, 2010 / Proposed Rules 

refunding of an RSVP grantee shall not 

apply to any grant awarded through the 

competitive process described in 

§ 2553.71 of this part. 

5. Revise § 2553.71 to read as follows: 

§ 2553.71 What is the process for 

application and award of a grant? 

As funds become available, the 

Corporation solicits applications for 

RSVP grants from eligible organizations 

through a competitive process. 

(a) What are the application 

requirements for an RSVP grant? An 

applicant must: 

(1) Submit required information 

determined by the Corporation. 

(2) Demonstrate compliance with any 

applicable requirements specified in the 

Notice of Funding Availability or Notice 

of Funding Opportunity. 

(b) What process does the Corporation 

use to select new RSVP grantees? 

(1) The Corporation reviews and 

determines the merits of an application 

by its responsiveness to published 

guidelines and to the overall purpose 

and objectives of the program. In 

conducting its review, the Corporation 

considers the input and opinions of 

those serving on a peer review panel, 

including members with expertise in 

senior service and aging, and may 

conduct inspections at the applicant’s 

site, as appropriate. 

(2) The selection process includes: 

(i) Determining whether an 

application complies with the 

application requirements, such as 

deadlines, eligibility, and programmatic 

requirements, including performance 

measurement requirements; 

(ii) Applying published selection 

criteria, as stated in the applicable 

Notice of Funding Availability or Notice 

of Funding Opportunity, to assess the 

quality of the application; 

(iii) Applying any applicable 

priorities or preferences, as stated in the 

applicable Notice of Funding 

Availability or Notice of Funding 

Opportunity; 

(iv) Ensuring innovation and 

geographic, demographic, and 

programmatic diversity across the 

Corporation’s RSVP grantee portfolio. 

(v) Identifying the applications that 

most completely respond to the 

published guidelines and offer the 

highest probability of successfully 

carrying out the overall purpose and 

objectives of the program. 

(c) How is a grant awarded? 

(1) Subject to the availability of funds, 

the award will be documented by a 

Notice of Grant Award (NGA). 

(2) The Corporation and the 

sponsoring organization are parties to 

the NGA. The NGA will document the 

sponsor’s commitment to fulfill specific 

programmatic objectives and financial 

obligations. It will document the extent 

of the Corporation’s obligation to 

provide assistance to the sponsor. 

(d) What happens if the Corporation 

rejects an application? The Corporation 

will return to the applicant an 

application that is not approved for 

funding, informing the applicant of the 

Corporation’s decision. 

(e) For what period of time does the 

Corporation award a grant? The 

Corporation awards a RSVP grant for a 

specified period that is 3 years in 

duration with an option for a grant 

renewal of 3 years, if the grantee’s 

performance and compliance with grant 

terms and conditions are satisfactory. 

The Corporation will use the Denial of 

Refunding procedures set forth in 45 

CFR part 1206 to deny funding to a 

grantee when the Corporation 

determines that the grant should not be 

renewed for an additional 3 years. 

(f) What assistance in preparation for 

competitive award of all RSVP grants 

will the Corporation provide to sponsors 

who have previously received a grant 

and whose grants are expiring in fiscal 

year 2011, 2012, or 2013? (1) For each 

grant expiring in fiscal years 2011, 2012, 

or 2013, the Corporation will evaluate 

the grant, to the maximum extent 

practicable, in fiscal years 2010, 2011, 

and 2012, respectively. 

(2) The evaluation will give particular 

attention to the different needs of rural 

and urban projects, including those 

serving Native American communities, 

and will evaluate the extent to which 

the sponsor meets or exceeds 

performance measures, outcomes, and 

other criteria established by the 

Corporation. 

(3) To the maximum extent 

practicable, the Corporation will ensure 

that each evaluation is conducted by a 

review team made up of trained 

individuals who are knowledgeable 

about RSVP, including current or former 

employees of the Corporation and 

representatives of communities served 

by RSVP volunteers, who will provide 

their input and opinions concerning 

each grant. 

(4) The Corporation will use the 

evaluation findings as the basis for 

providing recommendations for program 

improvement, and for the provision of 

training and technical assistance. 

(5) The evaluation will assess: 

(i) The project’s strengths and areas in 

need of improvement; 

(ii) Whether the project has 

adequately addressed population and 

community-wide needs; 

(iii) The efforts of the project to 

collaborate with other community-based 

organizations, units of government, and 

entities providing services to seniors, 

taking into account barriers to such 

collaboration that such program may 

encounter; 

(iv) The project’s compliance with the 

program requirements for the 

appropriate use of Federal funds as 

embodied in a a protocol for fiscal 

management; 

(v) To what extent the project is in 

conformity with the eligibility, 

outreach, enrollment, and other 

requirements for RSVP projects; and 

(vi) The extent to which the project is 

achieving other measures of 

performance developed by the 

Corporation, in consultation with the 

review team. 

6. Add a new subpart J to read as 

follows: 

Subpart J—Performance Measurement 

Sec. 

2553.100 What is the purpose of this 

subpart? 

2553.101 What is the purpose of 

performance measurement? 

2553.102 What performance measurement 

information must be part of an 

application for funding under RSVP? 

2553.103 Who develops the performance 

measures? 

2553.104 What performance measures must 

be submitted to the Corporation and how 

are these submitted? 

2553.105 How are performance measures 

approved and documented? 

2553.106 How does a sponsor report 

performance measures to the 

Corporation? 

2553.107 What must a sponsor do if it 

cannot meet its performance measures? 

2553.108 When may a sponsor change a 

project’s performance measures? 

2553.109 What happens if a sponsor fails to 

meet the performance measures included 

in the Notice of Grant Award (NGA)? 

Subpart J—Performance Measurement 

§ 2553.100 What is the purpose of this 

subpart? 

This subpart sets forth the minimum 

performance measurement requirements 

for Corporation-funded Retired and 

Senior Volunteer Program (RSVP) 

projects. This subpart does not apply to 

Non-Corporation-funded RSVP projects 

as discussed in Subpart K. 

§ 2553.101 What is the purpose of 

performance measurement? 

The purpose of performance 

measurement is to strengthen the RSVP 

project and foster continuous 

improvement. Reporting on 

performance measures is used by the 

Corporation as part of assessing the 

impact of the project on the community 

and on the accomplishment of the 

objectives established in the 


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Federal Register / Vol. 75, No. 206 / Tuesday, October 26, 2010 / Proposed Rules 65599 

Corporation’s Strategic Plan. In 

addition, as part of the competitive 

process, performance measures are used 

to assess how an applicant for a grant 

approaches the design of volunteer 

activities and the measurement of their 

impact on community needs. 

§ 2553.102 What performance 

measurement information must be part of 

an application for funding under RSVP? 

An application to the Corporation for 

funding under RSVP must contain: 

(a) Performance measures. 

(b) Estimated performance data for the 

project years covered by the application. 

(c) Actual performance data, where 

available, for the preceding completed 

project year. 

§ 2553.103 Who develops the performance 

measures? 

(a) An applicant is responsible for 

developing its own project-specific 

performance measures. 

(b) In addition, the Corporation may 

establish performance measures that 

will apply to all Corporation-sponsored 

RSVP projects, which sponsors will be 

responsible for meeting. 

§ 2553.104 What performance measures 

must be submitted to the Corporation and 

how are these submitted? 

(a) An applicant for Corporation funds 

is required to submit at least one of each 

of the following types of performance 

measures as part of their application. 

The Corporation will provide standard 

forms. 

(1) Output indicators. 

(2) Outcome indicators. 

(b) An applicant must also submit any 

uniform performance measures the 

Corporation may establish for all 

applications. 

(c) The Corporation may specify 

additional requirements relating to 

performance measures on an annual 

basis in program guidance and related 

materials. 

§ 2553.105 How are performance 

measures approved and documented? 

(a) The Corporation reviews and 

approves performance measures for all 

applicants that apply for funding from 

the Corporation. 

(b) An applicant must follow 

Corporation-provided guidance and 

formats provided when submitting 

performance measures. 

(c) Final performance measures, as 

negotiated between the applicant and 

the Corporation, will be documented in 

the Notice of Grant Award (NGA). 

§ 2553.106 How does a sponsor report 

performance measures to the Corporation? 

(a) The Corporation will set specific 

reporting requirements, including 

frequency and deadlines, concerning 

performance measures established in 

the grant award. A sponsor is required 

to report on the actual results that 

occurred when implementing the grant 

and to regularly measure the project’s 

performance. 

(b) At a minimum, a sponsor is 

required to report on outputs at the end 

of year one and outputs and outcomes 

at the end of years two and three. A 

sponsor may choose to exceed these 

minimum requirements and report 

results earlier. 

§ 2553.107 What must a sponsor do if it 

cannot meet its performance measures? 

Whenever a sponsor finds it is not on 

track to meet its performance measures, 

it must develop a plan to get back on 

track or submit a request to the 

Corporation to amend its performance 

measures. The request must include all 

of the following: 

(a) Why the project is not on track to 

meet its performance requirements; 

(b) How the project has been tracking 

performance measures; 

(c) Evidence of corrective steps taken; 

(d) Any new proposed performance 

measures; and 

(e) A plan to ensure that the project 

will meet the new proposed measure(s). 

§ 2553.108 When may a sponsor change a 

project’s performance measures? 

Performance measures may be 

changed only if the Corporation 

approves the sponsor’s request to do so. 

§ 2553.109 What happens if a sponsor fails 

to meet the performance measures included 

in the Notice of Grant Award (NGA)? 

If a sponsor fails to meet a target 

performance measure established in the 

NGA, the Corporation will negotiate a 

period of no more than one year for 

meeting the performance measure. At 

that point, if the sponsor still fails to 

meet the performance measure, the 

Corporation may take one or more of the 

following actions: 

(a) Reduce the amount of the grant; 

(b) Suspend, terminate, or deny 

refunding of the grant, in accordance 

with the provisions of § 2553.31 of this 

part; 

(c) Take this information into account 

in assessing any application from the 

organization for a new grant or 

augmentation of an existing grant under 

any program administered by the 

Corporation; 

(d) Amend the terms of any 

Corporation grant to the organization; or 

(e) Take other actions that the 

Corporation deems appropriate. 

Dated: October 20, 2010. 

Wilsie Y. Minor, 

Acting General Counsel. 

[FR Doc. 2010–26960 Filed 10–25–10; 8:45 am] 

BILLING CODE 6050–28–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 92 

[Docket No. FWS–R9–MB–2010–0082; 

91200–1231–9BPP–L2] 

RIN 1018–AX30 

Migratory Bird Subsistence Harvest in 

Alaska; Harvest Regulations for 

Migratory Birds in Alaska During the 

2011 Season 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule. 

SUMMARY: The U.S. Fish and Wildlife 

Service (Service or we) proposes 

migratory bird subsistence harvest 

regulations in Alaska for the 2011 

season. These regulations will enable 

the continuation of customary and 

traditional subsistence uses of migratory 

birds in Alaska and prescribe regional 

information on when and where the 

harvesting of birds may occur. These 

regulations were developed under a comanagement process involving the 

Service, the Alaska Department of Fish 

and Game, and Alaska Native 

representatives. The rulemaking is 

necessary because the regulations 

governing the subsistence harvest of 

migratory birds in Alaska are subject to 

annual review. This rulemaking 

proposes region-specific regulations that 

go into effect on April 2, 2011, and 

expire on August 31, 2011. 

DATES: We will accept comments 

received or postmarked on or before 

December 27, 2010. We must receive 

requests for public hearings, in writing, 

at the address shown in FOR FURTHER

INFORMATION CONTACT by December 10, 

2010. 

ADDRESSES: You may submit comments 

by one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments to 

Docket No. FWS–R9–MB–2010–0082. 

• U.S. mail or hand-delivery: Public 

Comments Processing, Attn: FWS–R9– 

MB–2010–0082; Division of Policy and 

Directives Management; U.S. Fish and 

Wildlife Service; 4401 N. Fairfax Drive, 

Suite 222; Arlington, VA 22203. 

We will not accept e-mail or faxes. We 

will post all comments on http:// 


emcdonald on DSK2BSOYB1PROD with PROPOSALS