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Federal Register / Vol. 86, No. 35 / Wednesday, February 24, 2021 / Rules and Regulations
persons in covered positions remain allowable under grants. With the added clarity provided by the final rule, the expectation remains that grant recipients will obtain the required checks in a complete and timely manner. Accordingly, the agency appreciates the feedback regarding its approach to enforcement, and declines to respond to specific comments, as they are beyond the scope of the rulemaking.
IV. Effective Date The final rule is effective on May 1, 2021.
IV. Regulatory Procedures Executive Order 12866
This rule is not an economically significant rule within the meaning of E.O. 12866 because it is not likely to result in: 1 An annual effect on the economy of $100 million or more, or an adverse and material effect on a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or state, local, or tribal government or communities; 2
the creation of a serious inconsistency or interference with an action taken or planned by another agency; 3 a material alteration in the budgetary impacts of entitlement, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or 4
the raising of novel legal or policy issues arising out of legal mandates, the Presidents priorities, or the principles set forth in E.O. 12866.

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Regulatory Flexibility Act As required by the Regulatory Flexibility Act of 1980 5 U.S.C. 605
b, the agency certifies that this rule, if adopted, will not have a significant economic impact on a substantial number of small entities. This regulatory action will not result in 1 an annual effect on the economy of $100
million or more; 2 a major increase in costs or prices for consumers, individual industries, Federal, state, or local government agencies, or geographic regions; or 3 significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based enterprises to compete with foreign-based enterprises in domestic and export markets. Therefore, the agency has not performed the initial regulatory flexibility analysis that is required under the Regulatory Flexibility Act 5 U.S.C. 601 et seq. for major rules that are expected to have such results.

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Unfunded Mandates For purposes of Title II of the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 15311538, as well as Executive Order 12875, this regulatory action does not contain any Federal mandate that may result in increased expenditures in either Federal, state, local, or tribal governments in the aggregate, or impose an annual burden exceeding $100 million on the private sector.

For the reasons discussed in the preamble, under the authority of 42
U.S.C. 12651cc, the Corporation for National and Community Service amends chapter XXV, title 45 of the Code of Federal Regulations, as follows:
PART 2522AMERICORPS
PARTICIPANTS, PROGRAMS, AND
APPLICANTS
1. The authority citation for part 2522
continues to read as follows:

Paperwork Reduction Act The rule specifies that specific pieces of information must be obtained and maintained in order to demonstrate compliance with the regulatory procedures.
This requirement constitutes one set of information under the Paperwork Reduction Act PRA, 44 U.S.C. 507 et seq. OMB, in accordance with the Paperwork Reduction Act, has previously approved information collections for the NSCHC requirement.
The OMB Control Number is 3045
0145.
Under the PRA, an agency may not conduct or sponsor a collection of information unless the collections of information display valid control numbers. This rules collections of information are contained in 45 CFR
2540.204 and .206.
This information is necessary to ensure that only eligible individuals serve in covered positions under agency grants.
The likely respondents to these collections of information are persons interested in, or seeking to serve in, covered positions, and grant recipients.

Authority: 42 U.S.C. 1257112595;
12651b12651d; E.O. 13331, 69 FR 9911.

Executive Order 13132, Federalism Executive Order 13132, Federalism, prohibits an agency from publishing any rule that has Federalism implications if the rule imposes substantial direct compliance costs on state and local governments and is not required by statute, or the rule preempts state law, unless the agency meets the consultation and funding requirements of section 6 of the Executive Order. This rule does not have any Federalism implications, as described above.

2540.200 Which entities are required to comply with the National Service Criminal History Check requirements in this subpart?

List of Subjects 45 CFR 2522
Grant programssocial programs, Reporting and recordkeeping requirements, Volunteers.
45 CFR Part 2540
Administrative practice and procedure, Grant programssocial programs, Reporting and recordkeeping requirements, Volunteers.

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Subpart BParticipant Eligibility, Requirements, and Benefits 2. Revise 2522.205 to read as follows:

2522.205 To whom must I apply eligibility criteria relating to criminal history?

You must apply eligibility criteria relating to criminal history to individuals specified in 45 CFR
2540.201.
PART 2540GENERAL
ADMINISTRATIVE PROVISIONS
3. The authority citation for part 2540
is revised to read as follows:

Authority: E.O. 13331, 69 FR 9911; 18
U.S.C. 506, 701, 1017; 42 U.S.C. 12653, 1263112637, 12645g; 42 U.S.C. 5065.

Subpart BRequirements Directly Affecting the Selection and Treatment of Participants 4. Revise 2540.200 to read as follows:

The National Service Criminal History Check is a requirement for entities that are recipients or subrecipients of the following grants:
a Operational grants provided by AmeriCorps State and National;
b Foster Grandparent Program Grants;
c Retired and Senior Volunteer Program Grants;
d Senior Companion Program Grants;
e Senior Demonstration Program Grants that receive funding from CNCS;
f Martin Luther King, Jr. Day of Service Grants;
g September 11th Day of Service Grants;
h Social Innovation Fund Grants;
i Volunteer Generation Fund Grants;
j AmeriCorps VISTA Program Grants;

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