### 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


### 26519 Federal Register / Vol. 80, No. 89 / Friday, May 8, 2015 / Proposed Rules

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 waslinked 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 newparagraph (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