### 60795 Federal Register / Vol. 79, No. 195 / Wednesday, October 8, 2014 / Proposed Rules

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


### 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