55366 Federal Register / Vol. 79, No. 179 / Tuesday, September 16, 2014 / Rules and Regulations 

Subpart M—Recommendations for 

Authorization and Qualifications to 

Acquire Transportation Using a Rate 

Tender 

§ 102–117.365 What are the 

responsibilities of a Transportation Officer? 

A Transportation Officer’s (TO) 

responsibilities may include: 

(a) Negotiating rates; 

(b) Signing bills of lading (BOL); 

(c) Approving additional accessorial 

charges; 

(d) Selecting and procuring services of 

a TSP; 

(e) Selecting and procuring services of 

a 3PL; 

(f) Serving as a transportation subject 

matter expert to a Contracting Officer 

(CO); and/or 

(g) Other roles/responsibilities, such 

as serving as a certifying official for BOL 

or as a disbursement official. 

§ 102–117.370 Should I have a 

Transportation Officer warrant to acquire 

transportation services using a rate tender? 

Yes, it is recommended that you have 

a written document, such as a warrant, 

issued by the head of your agency or 

their designee, which expressly allows 

you to acquire transportation services 

for using approved non-Federal 

Acquisition Regulation (FAR) 

acquisition methods for specified 

transportation services, and states a 

dollar limit or range for the warrant 

authority. 

§ 102–117.375 Are there instances where a 

Transportation Officer warrant is not 

necessary to acquire transportation 

services? 

Yes, a Transportation Officer warrant 

is not necessary to: 

(a) Ship packages through a contract 

under the GSA Schedules program, 

including any Blanket Purchase 

Agreement, as these are FAR-based 

contracts; 

(b) Ship packages or other materials 

through any other FAR-based contract; 

or 

(c) Send items through the United 

States Postal Service. 

§ 102–117.380 What should be contained 

in a Transportation Officer warrant to 

acquire transportation services? 

The warrant for authority to acquire 

transportation services for freight and 

cargo, including HHGs, issued by the 

agency head or their designee should: 

(a) State that you have sufficient 

experience (any combination of Federal, 

public, and/or commercial) and/or 

training in transportation services, 

including any relevant acquisition or 

certifying officer training, that qualifies 

you to acquire the transportation 

services needed by your agency; 

(b) List the maximum dollar limit, if 

any, and any other limits, such as the 

types of services that you may acquire; 

(c) State your agency’s necessary 

conditions to maintain the warrant; and 

(d) Include an expiration date for the 

warrant, recommended not to exceed 

three years from the date of issuance. 

§ 102–117.385 Is there a standard format 

for a Transportation Officer warrant? 

No. GSA can provide your agency 

with a suggested format. Agencies could 

also model the Transportation Officer 

warrant after the Contracting Officer 

warrant, or they may establish their own 

format. 

§ 102–117.390 What are the recommended 

Transportation Officer training and/or 

experience levels? 

(a) The following are suggested 

agency transportation officer training 

and/or experience baselines: 

(1) For a Basic (Level 1) 

Transportation Officer Warrant: 

(i) Twenty-four (24) hours of training 

in Federal transportation; or 

(ii) Two (2) years of Federal, public, 

and/or commercial experience in 

acquiring transportation through rate 

tenders. 

(2) For an Experienced (Level 2) 

Transportation Officer Warrant: 

(i) Thirty-two (32) hours of training in 

transportation, including twenty (20) 

hours of training in Federal 

transportation; or 

(ii) Three (3) years of Federal, public, 

and/or commercial experience in 

acquiring transportation through rate 

tenders. 

(3) For a Senior (Level 3) 

Transportation Officer Warrant: 

(i) Sixty (60) hours of training in 

transportation, including forty (40) 

hours of training in Federal 

transportation; or 

(ii) Five (5) years of Federal, public, 

and/or commercial experience in 

acquiring transportation through rate 

tenders. 

(b) GSA created an online eLearning 

Transportation Officer training site to 

provide a standard Governmentwide 

body of transportation knowledge 

available to all agencies. This Webbased eLearning site is available at 

http:// 

transportationofficer.golearnportal.org/. 

§ 102–117.395 Should I continue my 

training to maintain my warrant? 

Yes, you should continue your 

training. Your agency will determine the 

continuing education that applies 

specifically to your warrant. It is 

recommended that at least twelve (12) 

hours of transportation training per year 

be completed in order to maintain a 

Transportation Officer warrant. 

§ 102–117.400 How should my warrant be 

documented? 

The head of your agency or their 

designee should state, in writing, that 

you have the recommended training 

and/or experience suggested by § 102– 

117.390. You should retain a copy of 

this Transportation Officer warrant. 

Agency heads or their designee(s) may 

amend, suspend, or terminate warrants 

in accordance with agency policies and/ 

or procedures. 

[FR Doc. 2014–22093 Filed 9–15–14; 8:45 am] 

BILLING CODE 6820–14–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

42 CFR Part 37 

[Docket No. CDC–2014–0011; NIOSH–276] 

RIN 0920–AA57 

Specifications for Medical 

Examinations of Coal Miners 

AGENCY: Centers for Disease Control and 

Prevention, HHS. 

ACTION: Interim final rule; correction. 

SUMMARY: On August 4, 2014, the 

Department of Health and Human 

Services (HHS) published an interim 

final rule to amend its regulations to 

establish standards for the approval of 

facilities that conduct spirometry 

examinations and to require that all coal 

mine operators submit a plan for the 

provision of spirometry and X-ray 

examinations to all surface and 

underground coal miners. The title of 

Part 37 was not properly amended to 

reflect the application of these 

provisions to all coal miners, including 

miners who work in or at surface coal 

mines, and not only underground coal 

miners. 

DATES: Effective September 16, 2014, 

and applicable beginning August 4, 

2014. 

FOR FURTHER INFORMATION CONTACT: A. 

Scott Laney, Research Epidemiologist, 

Division of Respiratory Disease Studies, 

NIOSH, Centers for Disease Control and 

Prevention, 1095 Willowdale Road, MS 

HG900.2, Morgantown, WV 26505– 

2888; (304) 285–5754 (this is not a tollfree number); alaney@cdc.gov. 

SUPPLEMENTARY INFORMATION: On August 

4, 2014, HHS published an interim final 

rule in the Federal Register to amend its 

regulations in 42 CFR Part 37 to 

establish standards for the approval of 

facilities that conduct spirometry 


asabaliauskas on DSK5VPTVN1PROD with RULES
Federal Register / Vol. 79, No. 179 / Tuesday, September 16, 2014 / Rules and Regulations 55367 

1Title 45, Subtitle A, Subchapter A, Part 89 in the 

Electronic Code of Federal Regulations (http:// 

www.ecfr.gov/cgi-bin/retrieveECFR?gp=1&

SID=70aabffdee1bdb20e22fdde1663

cbbaa&ty=HTML&h=L&r=PART&n=45y1.0.1.1.46). 

examinations and to require that all coal 

mine operators submit a plan for the 

provision of spirometry and X-ray 

examinations to all surface and 

underground coal miners [79 FR 45110]. 

Because it lacked a specific amendment 

doing so, the interim final rule did not 

revise the part 37 heading to reflect the 

application of these provisions to all 

coal miners, including miners who work 

in or at surface coal mines, and not only 

underground coal miners. This 

correction revises the heading to 42 CFR 

part 37. 

List of Subjects in 42 CFR Part 37 

Health care, Lung diseases, Medical 

research, Mine safety and health, 

Miners. 

For reasons discussed in the 

preamble, HHS amends 42 CFR part 37 

by making the following correcting 

amendment: 

PART 37—SPECIFICATIONS FOR 

MEDICAL EXAMINATIONS OF COAL 

MINERS 

■ 1. The authority citation for part 37 

continues to read as follows: 

Authority: Sec. 203, 83 Stat. 763; 30 U.S.C. 

843, unless otherwise noted. 

■ 2. The heading for part 37 is revised 

to read as set forth above. 

Dated: September 10, 2014. 

C’Reda Weeden, 

Executive Secretary to the Department, 

Department of Health and Human Services. 

[FR Doc. 2014–22032 Filed 9–15–14; 8:45 am] 

BILLING CODE 4163–18–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

45 CFR Part 89 

Interim Guidance for Implementation of 

the Organizational Integrity of Entities 

Implementing Programs and Activities 

Under the Leadership Act 

AGENCY: Office of Global Affairs (OGA), 

Department of Health and Human 

Services (HHS). 

ACTION: Notice of interim guidance. 

SUMMARY: This document provides 

interim guidance on the implementation 

of section 301(f) of the Leadership Act 

in light of the Supreme Court’s decision 

in Agency for Int’l Dev. v. Alliance for 

Open Soc’y Int’l, Inc., 133 S. Ct. 2321 

(2013) (‘‘AOSI decision’’). While HHS 

awarding agencies have implemented 

the AOSI decision since its issuance, 

this document serves to clarify HHS 

policy. HHS is also currently developing 

an amendment to its regulations listed 

under ‘‘Organizational Integrity of 

Entities Implementing Programs and 

Activities under the Leadership Act’’ to 

ensure consistency with the decision. 

HHS has been coordinating its 

implementation activities with the 

Department of State, Office of the Global 

AIDS Coordinator (OGAC) and with the 

United States Agency for International 

Development (USAID). While issued 

through OGA, this guidance represents 

the views of the various agencies within 

HHS that issue awards with Leadership 

Act HIV/AIDS funds, namely, the 

Centers for Disease Control and 

Prevention, the National Institutes of 

Health, and the Health Resources and 

Services Administration. 

DATES: Effective September 16, 2014. 

FOR FURTHER INFORMATION CONTACT: Erin 

Eckstein, Office of Global Affairs, 

Department of Health and Human 

Services, Room 639H, 200 

Independence Avenue SW., 

Washington, DC 20201, Telephone (202) 

205–3569. 

SUPPLEMENTARY INFORMATION: 

Background 

Section 301(f) of the Leadership Act, 

subject to limited exceptions, prohibits 

the use of Leadership Act HIV/AIDS 

funds ‘‘to provide assistance to any 

group or organization that does not have 

a policy explicitly opposing prostitution 

and sex trafficking.’’ Interpreting the 

policy requirement, in 2010, HHS 

provided, through rulemaking, that, 

unless exempted through statute, 

contractors, grantees, applicants or 

awardees who receive Leadership Act 

funds for HIV/AIDS programs directly 

or indirectly from HHS must ‘‘agree that 

they are opposed to the practices of 

prostitution and sex trafficking.’’ 45 CFR 

89.1(b) 1. 

In 2005, section 301(f) was challenged 

as unconstitutional, and in 2013, the 

Supreme Court affirmed a Second 

Circuit decision that upheld a lower 

court’s preliminary injunction 

prohibiting the application of the policy 

requirement to domestic (United States) 

organizations, finding that such a 

condition of federal funding violates the 

First Amendment. Consistent with the 

Supreme Court’s decision, the 

requirement to have a specific policy as 

stated in section 301(f) no longer applies 

to U.S. organizations. 

In coordination with OGAC and 

USAID, HHS has ceased applying the 

policy pledge requirement to U.S. 

organizations, whether they are prime 

recipients or subrecipients of 

Leadership Act HIV/AIDS funds. 

However, the requirement remains 

applicable to foreign organizations. 

Guidance 

U.S. organizations that are prime 

recipients or subrecipients of 

Leadership Act HIV/AIDS funds are not 

required to have a policy explicitly 

opposing prostitution and sex 

trafficking. The Department of Health 

and Human Services applies the 

requirement of the Leadership Act that 

organizations have a policy explicitly 

opposing prostitution and sex 

trafficking only to foreign organizations, 

including foreign affiliates of United 

States organizations, whether prime 

recipients or subrecipients, unless 

exempted by the Act or implementing 

regulations. See, e.g., 48 CFR 352.270– 

8 (2010). 

HHS is currently developing an 

amendment to its regulation at 45 CFR 

part 89 to reflect the AOSI decision and 

HHS’s implementation of that decision 

with respect to U.S. organizations and 

foreign organizations that are recipients 

of Leadership Act HIV/AIDS funds. 

Authority: 45 CFR part 89; Section 301(f) 

of the United States Leadership Against HIV/ 

AIDS, Tuberculosis and Malaria Act of 2003, 

Public Law 108–25, as amended, 22 U.S.C. 

7601–7682 (‘‘Leadership Act’’). 

Dated: September 11, 2014. 

Jimmy Kolker, 

Assistant Secretary for Global, Affairs, Office 

of Global Affairs. 

[FR Doc. 2014–22051 Filed 9–12–14; 11:15 am] 

BILLING CODE 4150–38–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 20 

[PS Dockets No. 11–153, 10–255; FCC 14– 

118] 

Facilitating the Deployment of Text to 

911 and Other Next Generation 911 

Applications; Framework for Next 

Generation 911 Deployment 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this Second Report and 

Order, the Federal Communications 

Commission (Commission) requires that 

Commercial Mobile Radio Service 

(CMRS) providers and other providers 

of interconnected text messaging 

applications (collectively, ‘‘covered text 

providers’’) be capable of supporting 


asabaliauskas on DSK5VPTVN1PROD with RULES