26518 Federal Register / Vol. 80, No. 89 / Friday, May 8, 2015 / Proposed Rules 

docket is closed. Lacking such notice, it 

will be more difficult for interested 

persons to determine when, how and for 

what reason a docket was terminated. 

I would add the following language to 

the Proposed Rule: The Commission 

shall issue a public notice announcing 

the automatic closure of the docket, at 

the time of closure. 

The rule would be improved and the 

Commission’s commitment to openness 

and citizen participation would be 

enhanced if the Commission were to 

adopt in the Final Rule the additional 

step I had recommended. 

Ruth Y. Goldway 

List of Subjects in 39 CFR Part 3001 

Administrative practice and 

procedure, Postal Service. 

For the reasons discussed in the 

preamble, the Commission proposes to 

amend chapter III of title 39 of the Code 

of Federal Regulations as follows: 

PART 3001—RULES OF PRACTICE 

AND PROCEDURE 

■ 1. The authority citation for part 3001 

continues to read as follows: 

Authority: 39 U.S.C. 404(d); 503; 504; 

3661. 

■ 2. Add new § 3001.44 to read as 

follows: 

§ 3001.44 Automatic Closure of Inactive 

Docket. 

(a) The Commission shall 

automatically close a docket in which 

there has been no activity of record by 

any interested party or participant for 12 

consecutive months. 

(b) Motion to stay automatic closure. 

Any interested party or participant, 

including the Postal Service, a Public 

Representative, or the Commission, may 

file a motion to stay automatic closure, 

pursuant to § 3001.21, and request that 

the docket remain open for a specified 

term not to exceed 12 months. Motions 

to stay automatic closure must be filed 

at least 10 days prior to the automatic 

closure date. 

(c) Motion to reopen automatically 

closed docket. If, at any time after a 

docket has been automatically closed, 

any interested party or participant, 

including the Postal Service, a Public 

Representative, or the Commission, may 

file a motion to reopen an automatically 

closed docket, pursuant to § 3001.21, 

and must set forth with particularity 

good cause for reopening the docket. 

[FR Doc. 2015–11061 Filed 5–7–15; 8:45 am] 

BILLING CODE 7710–FW–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 704 

[EPA–HQ–OPPT–2010–0572; FRL–9926–86] 

Chemical Substances When 

Manufactured or Processed as 

Nanoscale Materials; TSCA Reporting 

and Recordkeeping Requirements; 

Notice of Public Meeting 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of public meeting. 

SUMMARY: EPA is holding a public 

meeting during the comment period of 

the proposed rule that published in the 

Federal Register of April 6, 2015, which 

involved proposed reporting and 

recordkeeping requirements for certain 

chemical substances when they are 

manufactured or processed at the 

nanoscale. Specifically, that proposal 

involves one-time reporting for existing 

nanoscale materials and one-time 

reporting for new discrete nanoscale 

materials before they are manufactured 

or processed. As stated in that proposed 

rule, the public meeting will provide an 

opportunity for further discussion of the 

proposed requirements and is intended 

to facilitate comments on all aspects of 

that proposed rule, especially comments 

on specific issues as identified in the 

proposed rule. 

DATES: The meeting will be held on June 

11, 2015, from 9:00 a.m. to 4:00 p.m. 

Requests to participate in the meeting 

must be received on or before June 1, 

2015. 

To request accommodation of a 

disability, please contact the technical 

person listed under FOR FURTHER

INFORMATON CONTACT, preferably at least 

10 days prior to the meeting, to give 

EPA as much time as possible to process 

your request. 

ADDRESSES: The meeting will be held at 

the East William Jefferson Clinton 

Building, Room 1153, 1201 Constitution 

Avenue NW., Washington, DC. 

FOR FURTHER INFORMATION CONTACT: For 

technical information contact: Jim 

Alwood, Chemical Control Division 

(7405M), Office of Pollution Prevention 

and Toxics, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW., 

Washington, DC 20460–0001; telephone 

number: (202) 564–8974; email address: 

alwood.jim@epa.gov. 

For general information contact: The 

TSCA-Hotline, ABVI-Goodwill, 422 

South Clinton Ave., Rochester, NY 

14620; telephone number: (202) 554– 

1404; email address: TSCA-Hotline@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. What is the topic of this public 

meeting? 

In the Federal Register issue of April 

6, 2015 (80 FR 18330; FRL–9920–90), 

EPA proposed reporting and 

recordkeeping requirements for certain 

chemical substances when they are 

manufactured or processed at the 

nanoscale. EPA is seeking public 

comment on all aspects of the proposed 

rule. In addition, EPA is especially 

interested in comments pertaining to the 

following specific issues identified in 

Unit V. of the proposed rule: 

1. Identifying the chemical substances that 

would be subject to reporting. 

2. Distinguishing between nanoscale forms of 

a reportable chemical substance. 

3. Reporting discrete forms at least 135 days 

before commencement of manufacture or 

processing. 

4. Considerations for the Agency’s economic 

analysis. 

5. Electronic reporting. 

6. Consideration of potential future 

rulemaking regarding periodic reporting. 

II. How can I request to participate in 

this meeting? 

Requests to participate in this 

meeting, as well as any requests for 

accommodation of a disability, should 

be submitted directly to the technical 

person listed under FOR FURTHER

INFORMATION CONTACT. Do not submit 

any information in your request that is 

considered Confidential Business 

Information (CBI), and do not submit 

any comments. Such requests must be 

received on or before June 1, 2015. 

Please remember that your comments 

must be submitted in accordance with 

the instructions in the proposed rule; 

must be identified by docket ID number 

EPA–HQ–OPPT–2010–0572; and must 

be received on or before July 6, 2015. 

III. How can I access the docket for the 

Proposed Rule? 

The docket for the proposed rule, 

identified by docket identification (ID) 

number EPA–HQ–OPPT–2010–0572, is 

available at http://www.regulations.gov 

or at the Office of Pollution Prevention 

and Toxics Docket (OPPT Docket), 

Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW., Washington, 

DC. The Public Reading Room is open 

from 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the OPPT 

Docket is (202) 566–0280. Please review 

the visitor instructions and additional 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
Federal Register / Vol. 80, No. 89 / Friday, May 8, 2015 / Proposed Rules 26519 

information about the docket available 

at http://www.epa.gov/dockets. 

Authority: 15 U.S.C. 2607(a). 

Dated: May 4, 2015. 

Maria J. Doa, 

Director, Chemical Control Division, Office 

of Pollution Prevention and Toxics. 

[FR Doc. 2015–11215 Filed 5–7–15; 8:45 am] 

BILLING CODE 6560–50–P 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 1823, 1846, and 1852 

RIN 2700–AE17 

Drug- and Alcohol-Free Workforce and 

Mission Critical Systems Personnel 

Reliability Program 

AGENCY: National Aeronautics and 

Space Administration. 

ACTION: Proposed rule. 

SUMMARY: NASA is proposing to amend 

the NASA FAR Supplement (NFS) to 

remove requirements related to the 

discontinued Space Flight Mission 

Critical Systems Personnel Reliability 

Program and to revise requirements 

related to contractor drug and alcohol 

testing. 

DATES: Interested parties should submit 

comments to NASA at the address 

below on or before July 7, 2015 to be 

considered in formulation of the final 

rule. 

ADDRESSES: Interested parties may 

submit comments, identified by RIN 

number 2700–AE17 via the Federal 

eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Comments may also be submitted to 

Marilyn E. Chambers via email at 

marilyn.chambers@nasa.gov. 

SUPPLEMENTARY INFORMATION: 

A. Background 

NASA is proposing to revise the 

NASA FAR Supplement (NFS) to 

remove policy at 1846.370 NASA 

contract clauses, and the related clause 

at 1852.246–70, Mission Critical Space 

System Personnel Reliability Program. 

Additionally, other revisions, partially 

related to the removal of the Mission 

Critical Space System Personnel 

Reliability Program, and to clarify and 

update the guidance, are proposed to 

Subpart 1823.5, Drug-Free Workplace, 

and the associated clause at 1852.223– 

74, Drug- and Alcohol-Free Workforce. 

NASA discontinued the Mission 

Critical Space System Personnel 

Reliability Program (the Program) 

effective April 8, 2014. As stated at 79 

FR 7391, the Agency conducted an 

analysis of its existing regulations and 

determined that 14 CFR part 1214, 

entitled ‘‘Space Flight Mission Critical 

Systems Personnel Reliability Program,’’ 

was obsolete and had been replaced by 

other measures to ensure that contractor 

employees assigned to mission-critical 

positions meet established screening 

requirements. Accordingly, NFS policy 

implementing the Program is no longer 

needed. However, the Program was 

linked to the prescription for the Drugand Alcohol-Free Workforce clause 

which directed contracting officers to 

use the clause in all solicitations and 

contracts containing the clause at 

1852.246–70, ‘‘Mission Critical Space 

Systems Personnel Reliability Program.’’ 

With the discontinuance of the Program, 

the prescription for this clause must be 

revised. 

NASA’s authority to require 

contractor alcohol and drug testing is 

derived from the Civil Space Employee 

Testing Act of 1991, Public Law 102– 

195, sec. 21, 105 Stat. 1616 to 1619. The 

Act states the success of the United 

States civil space program is contingent 

upon the safe and successful 

development and deployment of the 

many varied components of that 

program and that the greatest efforts 

must be expended to eliminate the 

abuse of alcohol and use of illegal drugs. 

To this end, NASA is authorized to 

prescribe regulations which require 

contractors to conduct preemployment, 

reasonable suspicion, random, and postaccident testing of contractor employees 

responsible for safety-sensitive, security, 

or national security functions for use, in 

violation of applicable law or Federal 

regulation, of alcohol or a controlled 

substance. While the NFS drug and 

alcohol testing requirements are 

partially tied to the Mission Critical 

Space System Personnel Reliability 

Program, rescission of the program does 

not remove the need for such testing. 

Furthermore, 14 CFR, subpart 1214.5, 

contained two key terms and their 

definitions that will be helpful to 

Agency contracting officers in 

determining which contracts should 

include the drug and alcohol testing 

requirements. These terms are ‘‘mission 

critical space system’’ and ‘‘mission 

critical positions/duties.’’ This rule 

proposes to add these terms to NFS 

1823.570, Drug- and Alcohol-free 

Workplace, and the associated clause at 

1852.223–74, Drug- and Alcohol-Free 

Workforce. 

Two other terms, ‘‘employee’’ and 

‘‘controlled substance,’’ are referenced, 

but not defined at 1823.570–1. These 

terms are defined at FAR 23.503. 

Additionally, NFS 1823.570–1 

contained the statement, ‘‘The use of a 

controlled substance in accordance with 

the terms of a valid prescription, or 

other uses authorized by law shall not 

be subject to the requirements of 

1823.570 to 1823.570–3 and the clause 

at 1852.223–74.’’ This exemption of a 

controlled substance used in accordance 

with the terms of a valid prescription, 

or other uses authorized by law was 

removed from the definitions and added 

to paragraph (c)(1) of the clause, so that 

contractors may easily see when use of 

a controlled substance may be 

permitted. 

A revised section (b)(2) to the clause 

adds a reference to NASA Procedural 

Requirements (NPR) 3792.1, NASA’s 

Plan for a Drug Free Workplace, 

Appendices A and B on ‘‘Testing 

Designated Positions’’ (TDPs) for federal 

employees, as a guide for contractors to 

use when determining if an employee is 

in a sensitive position and subject to 

drug and alcohol testing. 

The most recent titles and references 

for the applicable Federal drug testing 

programs are added: ‘‘Mandatory 

Guidelines for Federal Workplace Drug 

Testing Programs’’ published by the 

Department of Health and Human 

Services 73 FR 71858 and the 

procedures in 49 CFR part 40, 

‘‘Procedures for Transportation 

Workplace Drug and Alcohol Testing 

Programs. Additionally, the rule 

expands the list of drugs required to be 

tested for from ‘‘marijuana and cocaine’’ 

to add amphetamines, opiates and 

phencyclidine (PCP) in accordance with 

the Mandatory Guidelines for Federal 

Workplace Drug Testing Programs 

Mandatory Guidelines, Section 3.1, and 

49 CFR 40.85. 

Based on the Civil Space Employee 

Testing Act requirements, the current 

clause at 1852.223–74 requires 

contractors to conduct ‘‘post-accident’’ 

drug and alcohol testing. A new 

paragraph (5) is added to specify postaccident testing is required when the 

contractor determines the employee’s 

actions are reasonably suspected of 

having caused or contributed to an 

accident resulting in death or personal 

injury requiring immediate 

hospitalization or damage to 

Government or private property 

estimated to exceed $20,000. 

Additionally, the contractor is advised 

that the contracting officer may request 

the results of this post-accident testing. 

The purpose of this is to inform any 

accident investigation NASA may 

conduct. The contractor is required to 

provide only information on whether 

the testing was conducted and whether 

results showed any evidence of drug or 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS