[Federal Register Volume 75, Number 106 (Thursday, June 3, 2010)]
[Rules and Regulations]
[Pages 31273-31275]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13093]



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Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

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Federal Register / Vol. 75, No. 106 / Thursday, June 3, 2010 / Rules 
and Regulations

[[Page 31273]]



SOCIAL SECURITY ADMINISTRATION

2 CFR Part 2339 and 20 CFR Part 439

[Docket No. SSA-2009-0054]
RIN 0960-AH14


Social Security Administration Implementation of OMB Guidance for 
Drug-Free Workplace Requirements

AGENCY: Social Security Administration.

ACTION: Final rule with request for comments.

-----------------------------------------------------------------------

SUMMARY: The Office of Management and Budget (OMB) is consolidating all 
Federal regulations concerning drug-free workplace requirements for 
recipients of financial assistance. Accordingly, we are removing our 
regulation on this subject currently located within title 20 of the 
Code of Federal Regulations (CFR) and issuing a new regulation to adopt 
the OMB guidance at 2 CFR part 182. The new regulation makes no 
substantive change to our policy or procedures for a drug-free 
workplace.

DATES: This direct to final rule is effective on August 2, 2010 without 
further action. Submit comments by July 6, 2010 on any unintended 
changes this action makes in our policies and procedures for drug-free 
workplace. All comments on unintended changes will be considered and, 
if warranted, we will revise the rule.

ADDRESSES: You may submit comments by any one of three methods--
Internet, fax, or mail. Do not submit the same comments multiple times 
or by more than one method. Regardless of which method you choose, 
please state that your comments refer to Docket No. SSA-2009-0054 so 
that we may associate your comments with the correct regulation.

    Caution: You should be careful to include in your comments only 
information that you wish to make publicly available. We strongly 
urge you not to include in your comments any personal information, 
such as Social Security numbers or medical information.

    1. Internet: We strongly recommend that you submit your comment via 
the Internet. Please visit the Federal eRulemaking portal at http://www.regulations.gov. Use the Search function to find docket number SSA-
2009-0054. The system will issue a tracking number to confirm your 
submission. You will not be able to view your comment immediately 
because we must post each comment manually. It may take up to a week 
for your comment to be viewable.
    2. Fax: Fax comments to (410) 966-2830.
    3. Mail: Mail your comments to the Office of Regulations, Social 
Security Administration, 107 Altmeyer Building, 6401 Security 
Boulevard, Baltimore, Maryland 21235-6401.
    Comments are available for public viewing on the Federal 
eRulemaking portal at http://www.regulations.gov or in person, during 
regular business hours, by arranging with the contact person identified 
below.

FOR FURTHER INFORMATION CONTACT: Fran O. Thomas, Office of Regulations, 
Social Security Administration, 6401 Security Boulevard, Baltimore, MD 
21235-6401, (410) 966-9822. For information on eligibility or filing 
for benefits, call our national toll-free number, 1-800-772-1213 or TTY 
1-800-325-0778, or visit our Internet site, Social Security Online, at 
http://www.socialsecurity.gov.

SUPPLEMENTARY INFORMATION:

Electronic Version

    The electronic file of this document is available on the date of 
publication in the Federal Register at http://www.gpoaccess.gov/fr/index.html.

Background

    Congress passed the Drug-Free Workplace Act of 1988 as part of 
omnibus drug legislation. Public Law 100-690, title V, Subtitle D; 41 
U.S.C. 701, et seq. This statute requires that recipients of grants and 
parties to cooperative agreements must provide a drug-free workplace. 
Federal agencies issued an interim final common rule to implement the 
act as it applied to grants. 54 FR 4946, January 31, 1989. The agencies 
issued a final common rule after consideration of public comments [55 
FR 21681, May 25, 1990].
    The agencies proposed an update to the drug-free workplace common 
rule in 2002 [67 FR 3266, January 23, 2002] and finalized it in 2003 
[68 FR 66534, November 26, 2003]. The updated common rule was redrafted 
in plain language. Based on an amendment to the drug-free workplace 
requirements in 41 U.S.C. 702 [Pub. L. 105-85, div. A, title VIII, Sec. 
809, Nov. 18, 1997, 111 Stat. 1838], the update also allowed multiple 
enforcement options from which agencies could select.
    When it established 2 CFR as the new central location for OMB 
guidance and agency implementing regulations concerning grants and 
agreements [69 FR 26276, May 11, 2004], OMB announced its intention to 
replace common rules with OMB guidance that agencies could adopt in 
brief regulations. OMB began that process by proposing [70 FR 51863, 
August 31, 2005] and finalizing [71 FR 66431, November 15, 2006] 
Government-wide guidance on non-procurement suspension and debarment in 
2 CFR part 180.
    As the next step in that process, OMB proposed for comment [73 FR 
55776, September 26, 2008] and finalized [74 FR 28149, June 15, 2009] 
Government-wide guidance with policies and procedures to implement 
drug-free workplace requirements for financial assistance. The guidance 
requires each agency to replace the common rule on drug-free workplace 
requirements that the agency previously issued in its own CFR title 
with a brief regulation in 2 CFR adopting the Government-wide policies 
and procedures. One advantage of this approach is that it reduces the 
total number of drug-free workplace regulations. A second advantage is 
that it collocates OMB's guidance and all of the agencies' implementing 
regulations in 2 CFR.

The Current Regulatory Actions

    As the OMB guidance requires, we are taking two regulatory actions. 
First, we are removing the drug-free workplace common rule from 20 CFR 
part 439. Second, to replace the common rule, we are issuing a brief 
regulation in 2 CFR part 2339 to adopt the Government-wide policies and 
procedures in the OMB guidance.

Invitation To Comment

    This regulatory action is solely an administrative simplification 
and does

[[Page 31274]]

not make any substantive change in our policies or procedures. While we 
invite your comments on this action, we will not revisit substantive 
issues that were resolved during the development of the final common 
rule in 2003. Please limit your comments to any specific unintended 
changes in substantive content that the new regulation would make.

Regulatory Procedures

    We follow the Administrative Procedure Act (APA) rulemaking 
procedures specified in 5 U.S.C. 553 in the development of our 
regulations. 205(a), 702(a)(5), and 1631(d)(1) of the Act, 42 U.S.C. 
405(a), 902(a)(5), 1383(d)(1). The APA provides exceptions to its prior 
notice and public comment procedures when an agency finds there is good 
cause for dispensing with such procedures on the basis that they are 
impracticable, unnecessary, or contrary to the public interest.
    This final rule is solely an administrative simplification that 
makes no substantive changes to our policy or procedures for drug-free 
workplace. We therefore believe that the rule is noncontroversial and 
do not expect to receive any adverse comments, although we are inviting 
comments on any unintended substantive change this rule may make.
    Accordingly, we find that the solicitation of public comments on 
this final rule is unnecessary and that good cause exists under 5 
U.S.C. 553(b)(B) and 553(d) to make this rule effective on August 2, 
2010. If any comment on unintended effects is received, we will 
consider it and, if warranted, publish a timely revision of the rule.

Executive Order 12866

    We have consulted with OMB and determined that this final rule does 
not meet the criteria for a significant regulatory action under 
Executive Order 12866 and is not subject to OMB review.

Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)

    This final rule will not have a significant economic impact on a 
substantial number of small entities. Therefore, we did not prepare a 
regulatory flexibility analysis.

Unfunded Mandates Act of 1995 (Sec. 202, Pub. L. 104-4)

    This final rule does not contain a Federal mandate that will result 
in the expenditure by State, local, or tribal governments, in 
aggregate, or by the private sector of $100 million or more in any one 
year.

Paperwork Reduction Act of 1995 (44 U.S.C., Chapter 35)

    These final rules contain a public reporting requirement in the 
regulation section listed below. Since the inception of these rules in 
1988, we have not received any notifications from any of our 167 
grantees; therefore, we do not expect to receive any notifications in 
the future. However, since there is a public reporting requirement that 
affects the grantees, we inserted a 1-hour placeholder burden for this 
section.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                              Average
                                            Description of public reporting     Total        Number of     Frequency of     burden per       Estimated
            Regulation section                        requirement             number of     respondents      response        response      annual burden
                                                                               grantees     (annually)                       (minutes)        (hours)
--------------------------------------------------------------------------------------------------------------------------------------------------------
2 CFR 2339.225...........................  A recipient other than an                 167  ..............  ..............  ..............          1 hour
                                            individual must notify the
                                            Commissioner of Social Security
                                            about an employee's conviction
                                            for a criminal drug offense.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    We are soliciting comments on the burden estimate; the need for the 
information; its practical utility; ways to enhance its quality, 
utility, and clarity; and ways to minimize the burden on respondents, 
including the use of automated techniques or other forms of information 
technology. If you would like to submit comments, please send them to 
the following locations:
    Office of Management and Budget, Attn: Desk Officer for SSA, Fax 
Number: 202-395-6974, E-mail address: <a href="/cdn-cgi/l/email-protection#652a2c37243a361007080c16160c0a0b250a08074b000a154b020a13"><span class="__cf_email__" data-cfemail="ca8583988b9599bfa8a7a3b9b9a3a5a48aa5a7a8e4afa5bae4ada5bc">[email protected]</span></a>.
    Social Security Administration, Attn: Reports Clearance Officer, 
1333 Annex, 6401 Security Blvd., Baltimore, MD 21235-0001, Fax Number: 
410-965-6400, E-mail: <a href="/cdn-cgi/l/email-protection#2d627d6160037f6e626d5e5e4c034a425b"><span class="__cf_email__" data-cfemail="236c736f6e0d71606c635050420d444c55">[email protected]</span></a>.
    You can submit comments until August 2, 2010, which is 60 days 
after the publication of this notice. However, your comments will be 
most useful if you send them to SSA by July 6, 2010, which is 30 days 
after publication. To receive a copy of the OMB clearance package, 
contact the SSA Reports Clearance Officer using any of the above 
contact methods. We prefer to receive comments by e-mail or fax.

Federalism (Executive Order 13132)

    This final rule does not have Federalism implications, as set forth 
in Executive Order 13132. It will not have substantial direct effects 
on the States, on the relationship between the Federal Government and 
the States, or on the distribution of power and responsibilities among 
the various levels of government.

List of Subjects in 2 CFR Part 2339 and 20 CFR Part 439

    Administrative practice and procedure, Drug abuse, Grant programs, 
Reporting and recordkeeping requirements.

Michael J. Astrue,
Commissioner of Social Security.

0
Accordingly, for the reasons set forth in the preamble, and under the 
authority of 5 U.S.C. 301, SSA is amending the Code of Federal 
Regulations, title 2, Subtitle B, Chapter XXIII, and title 20, chapter 
III, part 439, as follows:

Title 2--Grants and Agreements

0
1. Add part 2339 in Subtitle B, Chapter XXIII of 2 CFR, to read as 
follows:

PART 2339--REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL 
ASSISTANCE)

Sec.
2339.10 What does this part do?
2339.20 Does this part apply to me?
2339.30 What policies and procedures must I follow?
Subpart A--[Reserved]
Subpart B--Requirements for Recipients Other Than Individuals
2339.225 Who in the Social Security Administration does a recipient 
other than an individual notify about a criminal drug conviction?

[[Page 31275]]

Subpart C--[Reserved]
Subpart D--Responsibilities of Agency Awarding Officials
2339.400 What method do I use as an agency awarding official to 
obtain a recipient's agreement to comply with the OMB guidance?
Subpart E--Violations of this Part and Consequences
2339.500 Who in the Social Security Administration determines that a 
recipient other than an individual violated the requirements of this 
part?
Subpart F--[Reserved]

    Authority: 41 U.S.C. 701-707.


Sec.  2339.10  What does this part do?

    This part requires that the award and administration of Social 
Security Administration (SSA) grants and cooperative agreements comply 
with Office of Management and Budget (OMB) guidance implementing the 
portion of the Drug-Free Workplace Act of 1988 (41 U.S.C. 701-707, as 
amended, hereafter referred to as ``the Act'') that applies to grants. 
It thereby--
    (a) Gives regulatory effect to the OMB guidance (subparts A through 
F of 2 CFR part 182) for SSA's grants and cooperative agreements; and
    (b) Establishes SSA's policies and procedures for compliance with 
the Act that are the same as those of other Federal agencies, in 
conformance with the requirement in 41 U.S.C. 705 for Government-wide 
implementing regulations.


Sec.  2339.20  Does this part apply to me?

    This part and, through this part, pertinent portions of the OMB 
guidance in Subparts A through F of 2 CFR part 182 (see table at 2 CFR 
182.115(b)) apply to you if you are--
    (a) A recipient of an SSA grant or cooperative agreement; or
    (b) An SSA awarding official.


Sec.  2339.30  What policies and procedures must I follow?

    (a) General. You must follow the policies and procedures specified 
in applicable sections of the OMB guidance in Subparts A through F of 2 
CFR part 182, as implemented by this part.
    (b) Specific sections of OMB guidance that this part supplements. 
In implementing the OMB guidance in 2 CFR part 182, this part 
supplements four sections of the guidance, as shown in the following 
table.

------------------------------------------------------------------------
                                   Section in
                                    this part            What the
  Section of OMB guidance in 2        where          supplementation
              CFR                 supplemented,         clarifies
                                      2 CFR
------------------------------------------------------------------------
(1) 182.225(a).................            Sec.  Who in SSA a recipient
                                       2339.225   other than an
                                                  individual must notify
                                                  if an employee is
                                                  convicted for a
                                                  violation of a
                                                  criminal drug statute
                                                  in the workplace.
(2) 182.300(b).................            Sec.  Who in SSA a recipient
                                       2339.300   who is an individual
                                                  must notify if he or
                                                  she is convicted of a
                                                  criminal drug offense
                                                  resulting from a
                                                  violation occurring
                                                  during the conduct of
                                                  any award activity.
(3) 182.500....................            Sec.  Who in SSA is
                                       2339.500   authorized to
                                                  determine that a
                                                  recipient other than
                                                  an individual is in
                                                  violation of the
                                                  requirements of 2 CFR
                                                  part 182, as
                                                  implemented by this
                                                  part.
(4) 182.505....................            Sec.  Who in SSA is
                                       2339.505   authorized to
                                                  determine that a
                                                  recipient who is an
                                                  individual is in
                                                  violation of the
                                                  requirements of 2 CFR
                                                  part 182, as
                                                  implemented by this
                                                  part.
------------------------------------------------------------------------

     (c) Sections of the OMB guidance that this part does not 
supplement. Our policies and procedures are the same as those in the 
OMB guidance for any section not included in the table in paragraph (b) 
of this section.

Subpart A--[Reserved.]

Subpart B--Requirements for Recipients Other Than Individuals


Sec.  2339.225  Who in the Social Security Administration does a 
recipient other than an individual notify about a criminal drug 
conviction?

    A recipient other than an individual that is required under 2 CFR 
182.225(a) to notify Federal agencies about an employee's conviction 
for a criminal drug offense must notify the Commissioner of Social 
Security or designee.

Subpart C--[Reserved.]

Subpart D--Responsibilities of Agency Awarding Officials


Sec.  2339.400  What method do I use as an agency awarding official to 
obtain a recipient's agreement to comply with the OMB guidance?

    You must include the following term or condition in the award:
    Drug-free workplace. You, as the recipient, must comply with drug-
free workplace requirements in Subpart B, which adopts the Government-
wide implementation (2 CFR part 182) of sec. 5152-5158 of the Drug-Free 
Workplace Act of 1988 (Pub. L. 100-690, Title V, Subtitle D; 41 U.S.C. 
701-707).

Subpart E--Violations of this Part and Consequences


Sec.  2339.500  Who in the Social Security Administration determines 
that a recipient other than an individual violated the requirements of 
this part?

    The Commissioner of Social Security or designee will make the 
determination.

Subpart F--[Reserved]

Title 20--Employees' Benefits

Chapter III--Social Security Administration

PART 439--[REMOVED]

0
2. Remove Part 439.

[FR Doc. 2010-13093 Filed 6-2-10; 8:45 am]
BILLING CODE 4191-02-P


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