100456 Federal Register / Vol. 89, No. 239 / Thursday, December 12, 2024 / Proposed Rules 

TABLE 1 TO PARAGRAPH (a)—ANNUAL RENEWABLE FUEL STANDARDS

Year 

Cellulosic biofuel 

standard 

(%) 

Biomass-based 

diesel standard 

(%) 

Advanced biofuel 

standard 

(%) 

Renewable fuel 

standard 

(%) 

Supplemental total 

renewable fuel 

standard 

(%) 

*******

2024 ........................................................ 0.51 2.82 3.79 12.50 n/a 

*******

* * * * * 

■ 12. Amend § 80.1451 by: 

■ a. Revising paragraph (f)(1)(i)(A) 

introductory text; and 

■ b. Adding paragraphs (f)(1)(i)(B)(5) 

and (f)(1)(i)(C). 

The revision and additions read as 

follows: 

§ 80.1451 What are the reporting 

requirements under the RFS program? 

* * * * * 

(f) * * * 

(1) * * * 

(i) * * * 

(A) Except as specified in paragraphs 

(f)(1)(i)(B) and (C) of this section, 

obligated parties must submit annual 

compliance reports by whichever of the 

following dates is latest: 

* * * * * 

(B) * * * 

(5) For the 2024 compliance year, 

annual compliance reports must be 

submitted by the next quarterly 

reporting deadline under paragraph 

(f)(2) of this section after the date the 

revised 2024 cellulosic biofuel standard 

becomes effective in § 80.1405(a). 

(C) If EPA publishes a document in 

the Federal Register that proposes to 

revise a renewable fuel standard in 

§ 80.1405(a), annual compliance reports 

for that compliance year must be 

submitted by the following date, as 

applicable: 

(1) If EPA publishes a document in 

the Federal Register that finalizes the 

proposed revision to the renewable fuel 

standard in § 80.1405(a), whichever of 

the following dates is latest: 

(i) The next quarterly reporting 

deadline under paragraph (f)(2) of this 

section after the date the revised 

renewable fuel standard becomes 

effective in § 80.1405(a). 

(ii) The applicable compliance 

reporting deadline under paragraph 

(f)(1)(i)(A) or (B) of this section. 

(2) If EPA publishes a document in 

the Federal Register that withdraws the 

proposed revision to the renewable fuel 

standard in § 80.1405(a), whichever of 

the following dates is latest: 

(i) The next quarterly reporting 

deadline under paragraph (f)(2) of this 

section that is 60 days after the date the 

withdrawal is published. 

(ii) The applicable compliance 

reporting deadline under paragraph 

(f)(1)(i)(A) or (B) of this section. 

(3) If EPA does not publish a 

document in the Federal Register that 

either finalizes or withdraws the 

proposed revision to the renewable fuel 

standard in § 80.1405(a) within 12 

months after the date the proposed rule 

was published, whichever of the 

following dates is latest: 

(i) The next quarterly reporting 

deadline under paragraph (f)(2) of this 

section that is 12 months after the 

proposed rule was published. 

(ii) The applicable compliance 

reporting deadline under paragraph 

(f)(1)(i)(A) or (B) of this section. 

* * * * * 

■ 13. Amend § 80.1456 by revising 

paragraph (d)(2) to read as follows: 

§ 80.1456 What are the provisions for 

cellulosic biofuel waiver credits? 

* * * * * 

(d) * * * 

(2) The wholesale price of gasoline is 

calculated by applying the weighting 

factors specified in table 1 to this 

paragraph (d)(2) to the Energy 

Information Administration average 

monthly gasoline spot price values 

specified in table 1 for the twelve-month 

period ending June of the year 

preceding the compliance period. 

TABLE 1 TO PARAGRAPH (d)(2)—WHOLESALE PRICE OF GASOLINE WEIGHTING FACTORS

Gasoline spot price data source Weighting factor 

(%) 

Conventional Gasoline—New York Harbor, Regular .................................................................................................................. 37.5 

Conventional Gasoline—U.S. Gulf Coast, Regular ..................................................................................................................... 37.5 

RBOB Regular Gasoline—Los Angeles ...................................................................................................................................... 25.0 

* * * * * 

■ 14. Amend § 80.1464 by revising 

paragraph (d)(1) to read as follows: 

§ 80.1464 What are the attest engagement 

requirements under the RFS program? 

* * * * * 

(d) * * * 

(1) Obligated parties. Obligated 

parties must submit annual attest 

engagement reports to EPA by the next 

June 1 annual attest engagement 

reporting deadline after the annual 

compliance reporting deadline under 

§ 80.1451(f)(1)(i). 

* * * * * 

[FR Doc. 2024–28978 Filed 12–11–24; 8:45 am] 

BILLING CODE 6560–50–P 

CORPORATION FOR NATIONAL AND 

COMMUNITY SERVICE 

45 CFR Parts 2550, 2551, 2552, 2553 

RIN 3045–AA91 

Restrictions on Operation of 

AmeriCorps Seniors Programs 

AGENCY: Corporation for National and 

Community Service. 

ACTION: Advance notice of proposed 

rulemaking; request for comments. 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 89, No. 239 / Thursday, December 12, 2024 / Proposed Rules 100457 

SUMMARY: The Corporation for National 

and Community Service (operating as 

AmeriCorps) is requesting comment on 

certain restrictions on the operation of 

AmeriCorps Seniors programs. These 

restrictions, which are contained in 

AmeriCorps’ current regulations, 

include a prohibition on State 

Commissions operating AmeriCorps 

Seniors programs, a prohibition on 

AmeriCorps Seniors grantees delegating 

or contracting overall management 

responsibilities to another entity, a 

limitation on for-profit childcare 

organizations’ facilities being used as 

volunteer sites, and the requirement for 

AmeriCorps Seniors grantees to carry 

certain types of insurance. This advance 

notice of proposed rulemaking 

(ANPRM) seeks public input on whether 

these prohibitions and requirements 

should be retained without change, 

modified, or removed. 

DATES: Written comments must be 

submitted by February 10, 2025. 

ADDRESSES: You may send your 

comments electronically through the 

Federal Government’s one-stop 

rulemaking website at 

www.regulations.gov. You may also 

send your comments to Elizabeth Appel, 

Associate General Counsel, at eappel@

americorps.gov or by mail to 

AmeriCorps (ATTN: Elizabeth Appel), 

250 E Street SW, Washington, DC 

20525. 

FOR FURTHER INFORMATION CONTACT: 

Robin Corindo, Deputy Director, 

AmeriCorps Seniors, at rcorindo@

americorps.gov, (202) 489–5578. 

SUPPLEMENTARY INFORMATION: 

AmeriCorps Seniors operates four 

programs: the Senior Companion 

Program (SCP), Foster Grandparent 

Program (FGP), Retired and Senior 

Volunteer Program (RSVP), and a Senior 

Demonstration Program. This ANPRM 

requests public comment on four 

specific prohibitions and restrictions 

applicable to these programs, as 

explained below. 

1. Restriction on State Commissions 

Operating AmeriCorps Seniors 

Programs 

State Commissions are prohibited by 

regulation from directly carrying out 

any national service program under title 

II of the Domestic Volunteer Service Act 

of 1973, as amended (DVSA), 42 U.S.C. 

4950 et seq. See 45 CFR 2550.80(j). 

Those programs include the four 

programs operated by AmeriCorps 

Seniors. A separate regulatory provision 

prohibits any AmeriCorps Seniors 

grantee from delegating or contracting 

overall management responsibilities to 

another entity. See 42 CFR 2551.22 

(SCP), 2552.22 (FGP), and 2553.22 

(RSVP). Together, these two restrictions 

effectively create a categorical ban on 

State Commissions being AmeriCorps 

Seniors grantees—as they can neither 

directly operate nor delegate/contract 

the program. 

There is no statutory prohibition on 

State Commissions operating 

AmeriCorps Seniors programs. There is 

a statutory prohibition on State 

Commissions directly carrying out 

programs receiving AmeriCorps State 

and National (ASN) grants. See 42 

U.S.C. 12638(h). In 1993, a regulatory 

provision expanding on this statutory 

prohibition was issued to also prohibit 

Commissions from operating 

AmeriCorps Seniors or VISTA 

programs. See 58 FR 60978 (November 

18, 1993) (providing no explanation for 

expansion of the prohibition). In 2005, 

AmeriCorps removed VISTA programs 

from the regulatory prohibition, but 

retained the prohibition for AmeriCorps 

Seniors programs. See 70 FR 39562 (July 

8, 2005). The reasons stated for retaining 

the prohibition on State Commissions 

were that the Agency did not believe 

that, without the ability to delegate or 

subgrant program management, most 

State Commissions were in a position to 

operate AmeriCorps Seniors programs 

directly, and that local organizations 

were in the best position to identify 

local needs and operate AmeriCorps 

Seniors programs. Id. at 39594. The 

Agency also stated that it received no 

indication that State commissions were 

eager to operate AmeriCorps Seniors 

programs. Id. 

Since that time, it has become evident 

that at least one of the justifications for 

the regulatory prohibitions no longer 

exists. There is some State Commission 

interest in operating AmeriCorps 

Seniors programs, as demonstrated by 

the fact that some State Commissions 

have applied to operate AmeriCorps 

Seniors programs and some are 

currently operating AmeriCorps Seniors 

programs under a waiver of the 

regulatory prohibition. However, given 

the statutory prohibition on State 

Commissions directly carrying out 

programs that receive ASN grants, the 

State Commissions generally do not 

operate programs themselves; rather, 

they facilitate the provision of grant 

funding to other more locally based 

organizations. See generally, 42 U.S.C. 

12638(e) (Duties of a State Commission). 

AmeriCorps therefore requests public 

input on whether to retain, modify, or 

remove the regulatory prohibition on 

State commissions directly operating 

AmeriCorps Seniors programs and the 

reasoning for retaining, modifying, or 

removing the regulatory prohibition. 

2. Restrictions on AmeriCorps Seniors 

Grantees Delegating or Contracting 

The current regulations require 

AmeriCorps Seniors grantees to fulfill 

all project management requirements 

necessary to accomplish the purposes of 

the program and prohibit them from 

delegating or contracting (i.e., 

subcontracting) the overall management 

responsibilities to another entity. See 45 

CFR 2551.22, 2552.22, and 2553.22. The 

regulations also provide flexibility to 

AmeriCorps to determine what types of 

management responsibilities may or 

may not be contracted. Id. Removal of 

the general prohibition on delegating or 

subcontracting would enable small 

grantees to obtain assistance from 

outside experts on financial 

management. Grantees sometimes lack 

financial management experts in house 

and would benefit by subcontracting for 

recordkeeping, accounting, and other 

professional financial services. Possible 

benefits to this approach include freeing 

up time to allow in-house staff to focus 

on programmatic goals and reducing 

audit and monitoring findings that 

might arise from a lack of expertise in 

financial management systems and 

internal controls. Removing the 

prohibition on grantees delegating or 

contracting out management 

responsibilities could also increase State 

Commissions’ ability to directly carry 

out AmeriCorps Seniors programs. 

AmeriCorps therefore seeks public 

comment on whether and why to retain, 

modify, or remove the prohibition on 

delegating or contracting management 

duties. 

3. Limitation on For-Profit Childcare or 

Educational Centers Being Volunteer 

Sites for Foster Grandparents 

Sponsors (grantees) in the Foster 

Grandparent Program are responsible for 

developing and managing one or more 

volunteer stations, including ensuring 

that each is a public or non-profit 

private organization or an eligible 

proprietary health care agency. See 45 

CFR 2552.23(c)(1) and 2552.12 

(definition of ‘‘volunteer station’’). The 

regulations allow for proprietary health 

care organizations to serve as volunteer 

stations. Proprietary health care 

organizations have been included as a 

volunteer station type since before 1983, 

and in 2018, the Agency added a 

definition of ‘‘proprietary health care 

organization’’ as a ‘‘private, for-profit 

health care organization that serves one 

or more vulnerable populations.’’ See 83 

FR 64636 (December 17, 2018). 

AmeriCorps Seniors is considering 

adding a similar allowance for 

proprietary childcare organizations, 


ddrumheller on DSK120RN23PROD with PROPOSALS1
100458 Federal Register / Vol. 89, No. 239 / Thursday, December 12, 2024 / Proposed Rules 

which would be defined as private, forprofit childcare or child-education 

organizations that serve one or more 

vulnerable populations with a high 

percentage of those populations 

represented in the children and families 

serviced. Sometimes there are no 

nonprofit childcare organizations in or 

near communities where there are 

children in need of Foster Grandparent 

services, but there are for-profit 

childcare organizations in the 

communities. Allowing childcare 

organizations to serve as volunteer 

stations, when there are not enough 

non-profit organizations, would help 

AmeriCorps Seniors volunteers, and 

particularly Foster Grandparent 

volunteers, provide services to more 

children and provide ways for those 

communities to receive the services they 

need. AmeriCorps therefore seeks public 

comment on whether to add for-profit 

child-care organizations to the list of 

organization types eligible to be a 

volunteer station, whether for-profit 

child-care organizations should be 

eligible to be a volunteer station only 

when there are no non-profit child-care 

organizations in or near the 

communities, and whether there is any 

basis for continuing to exclude them. 

4. Requirements for Insurance 

Current regulations require grantees 

(sponsors) to provide appropriate 

coverage for AmeriCorps Seniors 

volunteers, including accident 

insurance, personal liability insurance, 

and excess automobile liability 

insurance. See 45 CFR 2551.25, 2552.25, 

and 2553.25. The regulations explain 

each of these types of insurance and 

allow for reimbursement of costs 

associated with the insurance if grantees 

maintain the insurance at minimum 

levels set by AmeriCorps. See 45 CFR 

2551.46(b), 2552.46(b), and 2553.46(b). 

These insurance requirements are 

intended to help protect both volunteers 

and grantees in the event of accidents or 

injuries that might occur during an 

AmeriCorps Seniors volunteer’s service. 

However, insurance is not required by 

statute and some grantees find it 

challenging to secure it. AmeriCorps 

therefore seeks public comment on 

whether to remove the requirement for 

grantees to obtain insurance but retain 

insurance premiums as allowable costs 

for cost reimbursement should grantees 

choose to obtain the listed insurance 

types. 

Regulatory Analyses 

This ANPRM was developed in 

accordance with the principles of 

Executive Order (E.O.) 12866, 

‘‘Regulatory Planning and Review,’’ E.O. 

13563, ‘‘Improving Regulation and 

Regulatory Review,’’ and E.O. 14094, 

‘‘Modernizing Regulatory Review.’’ 

Since this action is an ANPRM, it does 

not create, or propose to create, any new 

requirements. Therefore, this regulatory 

action is not significant under section 

3(f) of E.O. 12866. 

The requirements of the Regulatory 

Flexibility Act (5 U.S.C. 601 et seq.) do 

not apply to this action because at this 

stage, it is an ANPRM and not a ‘‘rule’’ 

as defined in 5 U.S.C. 601. Following 

review of the comments received in 

response to this ANPRM, if AmeriCorps 

proceeds with a notice of proposed 

rulemaking regarding this matter, 

AmeriCorps will conduct all relevant 

analyses as required by statute or 

Executive Order. 

Andrea Grill, 

Acting General Counsel. 

[FR Doc. 2024–28765 Filed 12–11–24; 8:45 am] 

BILLING CODE 6050–28–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 224 

[Docket No.: 241206–0316; RTID 0648– 

XR136] 

Endangered and Threatened Fish and 

Wildlife; Description of the Western 

North Pacific Gray Whale Distinct 

Population Segment 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS proposes a revision to 

the Code of Federal Regulations (CFR) to 

update the description of the western 

North Pacific gray whale distinct 

population segment (DPS) under the 

Endangered Species Act (ESA) of 1973 

in light of the best available science. 

The proposed revision is informed by 

our recently completed 5-year review 

and a DPS analysis prepared by a Status 

Review Team. We do not propose to 

change the ESA-listing status of western 

North Pacific gray whales, which are 

classified as an endangered species. 

DATES: Comments and information 

regarding the proposed rule must be 

received by January 13, 2025. 

ADDRESSES: A plain language summary 

of this proposed rule is available at 

https://www.regulations.gov/docket/ 

NOAA-NMFS-2024-0095. You may 

submit comments, information, or data 

on this document, identified by docket 

number NOAA–NMFS–2024–0095, by 

any of the following methods: 

• Electronic Submissions: Submit all 

electronic comments via the Federal eRulemaking Portal. Go to https://

www.regulations.gov. In the Search box, 

enter the above docket number for this 

document. Then, click on the Search 

icon. On the resulting web page, click 

the ‘‘Comment’’ icon, complete the 

required fields, and enter or attach your 

comments. 

• Mail: Submit written information to 

Megan Wallen, NMFS West Coast 

Region, 7600 Sand Point Way NE, 

Seattle, WA 98115. 

Instructions: Comments must be 

submitted by one of the above methods 

to ensure that the comments are 

received, documented, and considered 

by NMFS. Comments sent by any other 

method, to any other address or 

individual, or received after the end of 

the comment period, may not be 

considered. All comments received are 

a part of the public record and will 

generally be posted for public viewing 

on https://www.regulations.gov without 

change. All personal identifying 

information (e.g., name, address, etc.) 

submitted voluntarily by the sender will 

be publicly accessible. Do not submit 

confidential business information, or 

otherwise sensitive or protected 

information. NMFS will accept 

anonymous comments (enter ‘‘N/A’’ in 

the required fields if you wish to remain 

anonymous). 

The western North Pacific gray whale 

DPS analysis (Weller et al. 2023) and the 

5-year review of the DPS (NMFS 2023) 

are both available to access on our 

website at https://

www.fisheries.noaa.gov/resource/ 

document/dps-analysis-western-northpacific-gray-whales-under-esa and 

https://www.fisheries.noaa.gov/ 

resource/document/western-northpacific-dps-gray-whale-5-year-review, 

respectively. 

FOR FURTHER INFORMATION CONTACT: 

Megan Wallen, Protected Resources 

Division, West Coast Region, 206–473– 

0812, megan.wallen@noaa.gov, 

Adrienne Lohe, Endangered Species 

Division, Office of Protected Resources, 

301–427–8442, adrienne.lohe@

noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

NMFS and the U.S. Fish and Wildlife 

Service (FWS) jointly administer the 

ESA, with NMFS having jurisdiction 

over most marine species, and FWS 

having jurisdiction over terrestrial 


ddrumheller on DSK120RN23PROD with PROPOSALS1