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
60796 Federal Register / Vol. 79, No. 195 / Wednesday, October 8, 2014 / Proposed Rules 

arrangements should be made for 

deliveries of boxed information. 

Please see the immediate final rule in 

the ‘‘Rules and Regulations’’ section of 

today’s Federal Register for detailed 

instructions on how to submit 

comments. 

FOR FURTHER INFORMATION CONTACT: 

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; telephone number: (404) 562– 

8466; fax number: (404) 562–9964; 

email address: shipley.anita@epa.gov. 

SUPPLEMENTARY INFORMATION: For 

additional information, please see the 

immediate final rule published in the 

‘‘Rules and Regulations’’ section of 

today’s Federal Register. 

Dated: August 27, 2014. 

Heather McTeer Toney, 

Regional Administrator, Region 4. 

[FR Doc. 2014–24007 Filed 10–7–14; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[MB Docket No. 14–156; RM–11725; DA 14– 

1359] 

Radio Broadcasting Services; 

Silverton, Texas 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: This document requests 

comments on a Petition for Rule Making 

filed by Chris Samples Broadcasting, 

Inc, licensee of Station KXDJ(FM), 

Channel 252C2, Spearman, Texas, 

proposing to substitute Channel 221A 

for vacant Channel 252A at Silverton, 

Texas. A staff engineering analysis 

indicates that Channel 221A can be 

allotted to Silverton, Texas consistent 

with the minimum distance separation 

requirements of the Commission’s Rules 

with a site restriction located 7.8 

kilometers (4.9 miles) east of Silverton. 

The reference coordinates are 34–28–15 

NL and 101–13–09 WL. The purpose of 

the channel substitution is to 

accommodate the ‘‘hybrid’’ application 

requesting to upgrade the facilities of 

Station KXDJ(FM) from Channel 252C2 

to Channel 252C1 at Spearman, Texas, 

File No. BPH–20140519AHY. 

DATES: Comments must be filed on or 

before November 10, 2014, and reply 

comments on or before November 25, 

2014. 

ADDRESSES: Secretary, Federal 

Communications Commission, 445 12th 

Street SW., Washington, DC 20554. In 

addition to filing comments with the 

FCC, interested parties should serve the 

petitioner as follows: Dan J. Alpert, Esq., 

The Law Office of Dan J. Alpert, 2120 

N. 21st Rd., Arlington, VA 22201. 

FOR FURTHER INFORMATION CONTACT: 

Rolanda F. Smith, Media Bureau, (202) 

418–2700. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Notice of 

Proposed Rule Making, MB Docket No. 

14–156, adopted September 18, 2014, 

and released September 19, 2014. The 

full text of this Commission decision is 

available for inspection and copying 

during normal business hours in the 

FCC’s Reference Information Center at 

Portals II, CY–A257, 445 12th Street 

SW., Washington, DC 20554. This 

document may also be purchased from 

the Commission’s duplicating 

contractors, Best Copy and Printing, 

Inc., 445 12th Street SW., Room CY– 

B402, Washington, DC 20554, telephone 

1–800–378–3160 or via email 

www.BCPIWEB.com. This document 

does not contain proposed information 

collection requirements subject to the 

Paperwork Reduction Act of 1995, 

Public Law 104–13. In addition, 

therefore, it does not contain any 

proposed information collection burden 

‘‘for small business concerns with fewer 

than 25 employees,’’ pursuant to the 

Small Business Paperwork Relief Act of 

2002, Public Law 107–198, see 44 U.S.C. 

3506(c)(4). 

Provisions of the Regulatory 

Flexibility Act of 1980 do not apply to 

this proceeding. 

Members of the public should note 

that from the time a Notice of Proposed 

Rule Making is issued until the matter 

is no longer subject to Commission 

consideration or court review, all ex 

parte contacts are prohibited in 

Commission proceedings, such as this 

one, which involve channel allotments. 

See 47 CFR 1.1204(b) for rules 

governing permissible ex parte contacts. 

For information regarding proper 

filing procedures for comments, see 47 

CFR 1.415 and 1.420. 

List of Subjects in 47 CFR Part 73 

Radio, Radio broadcasting. 

Federal Communications Commission. 

Nazifa Sawez, 

Assistant Chief, Audio Division, Media 

Bureau. 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission proposes to amend 47 CFR 

part 73 as follows: 

PART 73—RADIO BROADCAST 

SERVICES 

■ 1. The authority citation for part 73 

continues to read as follows: 

Authority: 47 U.S.C. 154, 303, 334, 336 and 

339. 

§ 73.202 [Amended] 

■ 2. Section 73.202(b), the Table of FM 

Allotments under Texas, is amended by 

removing Channel 252A at Silverton, 

Texas, and by adding Channel 221A at 

Silverton, Texas. 

[FR Doc. 2014–24033 Filed 10–7–14; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 300 

[Docket No. 140710571–4571–01] 

RIN 0648–BE36 

International Fisheries; Western and 

Central Pacific Fisheries for Highly 

Migratory Species; Restrictions on the 

Use of Fish Aggregating Devices in 

Purse Seine Fisheries for 2015 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS proposes regulations 

under authority of the Western and 

Central Pacific Fisheries Convention 

Implementation Act (WCPFC 

Implementation Act) to establish 

restrictions on the use of fish 

aggregating devices (FADs) by U.S. 

purse seine vessels in the western and 

central Pacific Ocean. The restrictions 

would include a prohibition on the use 

of FADs during January and February 

and July through September of 2015, 

and a limit of 3,061 purse seine sets that 

may be made on FADs in 2015. This 

action is necessary for the United States 

to implement provisions of a 

conservation and management measure 

(CMM) adopted by the Commission for 

the Conservation and Management of 

Highly Migratory Fish Stocks in the 

Western and Central Pacific Ocean 

(WCPFC) and to satisfy the obligations 

of the United States under the 

Convention on the Conservation and 

Management of Highly Migratory Fish 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS