Unknown. Interim final rule and request for comments

5,947 words·~27 min read·/register/2024/11/20/2024-27112·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2024-11-20.xml --- 89 224 Wednesday, November 20, 2024 Contents Agency Health Agency for Healthcare Research and Quality NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 91753-91755 2024-27108 Agriculture Agriculture Department See Forest Service RULES Implementation of HAVANA Act, 91529-91532 2024-27112 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities;

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Gaining Early Awareness and Readiness for Undergraduate Programs (Partnership Grants), 91708-91715 2024-27054 Gaining Early Awareness and Readiness for Undergraduate Programs (State Grants), 91715-91722 2024-27055 Hearings, Meetings, Proceedings, etc.: President's Advisory Commission on Advancing Educational Equity, Excellence, and Economic Opportunity for Hispanics, 91707-91708 2024-27089 Employee Benefits Employee Benefits Security Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Retirement Savings Lost and Found, 91787-91802 2024-27098 Energy Department Energy Department See Energy Information Administration See Western Area Power Administration NOTICES Hearings, Meetings, Proceedings, etc.: Secretary of Energy Advisory Board, 91722-91723 2024-27102 Energy Information Energy Information Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 91723 2024-27071 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans;

Approvals and Promulgations: Tennessee; Shelby County; Revisions to Startup, Shutdown, and Malfunction Rules, 91572-91574 2024-26928 Final Authorization of State Hazardous Waste Management Program Revisions: Tennessee, 91574-91578 2024-26922 PROPOSED RULES Final Authorization of State Hazardous Waste Management Program Revisions: Tennessee, 91635-91636 2024-26923 NOTICES Final Designation of Stormwater Discharges: Watersheds in Los Angeles County, CA under the National Pollutant Discharge Elimination System of the Clean Water Act, 91740-91741 2024-27128 Guidance:

Pesticides; Evaluating the Efficacy of Pre-Saturated/Impregnated Antimicrobial Towelettes for Disinfection Claims, 91741-91742 2024-27058 Hearings, Meetings, Proceedings, etc.: National and Governmental Advisory Committees to the U.S. Representative to the Commission for Environmental Cooperation, 91742 2024-26997 Risk Management under the Toxic Substances Control Act: Certain Per- and Polyfluoroalkyl Substances, 91739-91740 2024-27111 Federal Accounting Federal Accounting Standards Advisory Board NOTICES Annual Report for Fiscal Year 2024 and Three-Year Plan, 91742 2024-27081 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives:

Embraer S.A. Airplanes, 91541-91543 2024-27254 Construction-Related Scheduling Relief: Newark Liberty International Airport, Chicago O'Hare International Airport, Los Angeles International Airport, San Francisco International Airport, and Ronald Reagan Washington National Airport, 91544-91545 2024-26820 Special Conditions: Pratt and Whitney Canada Model PW220A Engine; 30-Minute All Engine Operating Power Rating, 91539-91541 2024-27041 NOTICES Airport Property: Hillsboro Airport, Hillsboro, OR, 91872 2024-27031 Melbourne Orlando International Airport, Melbourne, FL, 91872 2024-27107 Federal Communications Federal Communications Commission RULES Improving Public Safety Communications in the 4.9 GHz Band, 91578-91585 2024-26794 PROPOSED RULES Implementation of the National Suicide Hotline Act, 91636-91648 2024-26795 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 91742-91748 2024-27078 2024-27079 2024-27080 2024-27083 Hearings, Meetings, Proceedings, etc.: Open Commission Meeting, 91747-91748 2024-27076 Federal Deposit Federal Deposit Insurance Corporation PROPOSED RULES Recordkeeping for Custodial Accounts, 91586 2024-27097 NOTICES Meetings; Sunshine Act; Correction, 91748 2024-27312 Federal Financial Federal Financial Institutions Examination Council NOTICES Hearings, Meetings, Proceedings, etc.:

Appraisal Subcommittee, 91749 2024-27110 Federal Maritime Federal Maritime Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Marine Terminal Operators; Service Contracts, Non-Vessel Operating Common Carriers, 91749-91750 2024-27129 Federal Motor Federal Motor Carrier Safety Administration PROPOSED RULES Transparency in Property Broker Transactions, 91648-91670 2024-27115 NOTICES Enhanced Carrier Safety Measurement System, 91874-91880 2024-27087 Exemption Renewal:

Parts and Accessories Necessary for Safe Operation; Groendyke Transport, Inc., 91872-91873 2024-27091 Federal Railroad Federal Railroad Administration NOTICES Petition for Extension of Waiver of Compliance, 91882, 91884 2024-26995 2024-27000 Petition for Special Approval, 91882-91883 2024-26993 Petition for Special Approval and Waiver of Compliance, 91881-91882 2024-26992 Petition for Waiver of Compliance, 91881, 91883-91884 2024-26994 2024-26996 2024-26999 Federal Reserve Federal Reserve System RULES Regulation A:

Extensions of Credit by Federal Reserve Banks, 91532-91533 2024-26990 Regulation D: Reserve Requirements of Depository Institutions, 91533-91534 2024-26991 Reserve Requirements of Depository Institutions, 91534-91536 2024-26981 NOTICES Change in Bank Control: Acquisitions of Shares of a Savings and Loan Holding Company, 91751-91752 2024-27104 Study and Report to Congress on the Impact on Consumers and Markets in the United States of a Final International Insurance Capital Standard, 91750-91751 2024-27005 Food and Drug Food and Drug Administration NOTICES Drug Products not Withdrawn from Sale for Reasons of Safety or Effectiveness:

Fortesta (Testosterone) Gel, 10 Milligrams/0.5 Gram Actuation, 91770-91771 2024-27103 IC-Green (Indocyanine Green), 91758 2024-27090 Noxafil (Posaconazole) Delayed-Release Tablets, 100 Grams; Correction, 91757 2024-27082 Emergency Use Authorization: In Vitro Diagnostic Device for Detection and/or Diagnosis of COVID-19; Revocation, 91760-91763 2024-27094 Final Debarment Order: Miguel Angel Montalvo Villa, 91758-91760 2024-27093 Product-Specific Guidance, 91763-91765 2024-27048 Request for Information:

Per- and Polyfluoroalkyl Substances in Seafood, 91765-91769 2024-27070 Statement of Organization, Functions, and Delegations of Authority, 91769-91770 2024-27011 Foreign Assets Foreign Assets Control Office NOTICES Sanctions Action, 91889-91894 2024-27073 Foreign Trade Foreign-Trade Zones Board NOTICES Approval of Subzone Status: Permco FTZ LLC, Montville and Streetsboro, OH, 91674 2024-27010 Forest Forest Service NOTICES Hearings, Meetings, Proceedings, etc.: Alpine County Resource Advisory Committee, 91672 2024-26294 Requests for Nominations:

Secure Rural Schools Resource Advisory Committees, 91673-91674 2024-26978 General Services General Services Administration NOTICES Hearings, Meetings, Proceedings, etc.: Acquisition Policy Federal Advisory Committee, 91752 2024-27069 Health and Human Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration NOTICES Hearings, Meetings, Proceedings, etc.:

National Committee on Vital and Health Statistics, 91772-91773 2024-27049 Health Resources Health Resources and Services Administration NOTICES Supplemental Funding: National Rural Health Information Clearinghouse Program, 91771 2024-27099 National Rural Health Policy, Community, and Collaboration Program, 91772 2024-27088 Rural Health and Economic Development Analysis Program, 91771-91772 2024-27109 Homeland Homeland Security Department See Coast Guard Interior Interior Department See Land Management Bureau See National Park Service Internal Revenue Internal Revenue Service RULES Election to Exclude Certain Unincorporated Organizations Owned by Applicable Entities from Application of the Rules on Partners and Partnerships, 91552-91563 2024-26944 PROPOSED RULES Administrative Requirements for an Election to Exclude Applicable Unincorporated Organizations from the Application of Subchapter K, 91617-91624 2024-26962 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations Orders or Reviews:

Alloy and Certain Carbon Steel Threaded Rod and Carbon and Alloy Steel Threaded Rod from the People's Republic of China, 91676-91680 2024-27007 Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Aluminum Extrusion from the People's Republic of China; Correction, 91674-91675 2024-27060 Hard Empty Capsules from Brazil, the People's Republic of China, India, and the Socialist Republic of Vietnam, 91680-91684 2024-27008 Sales at Less Than Fair Value; Determinations, Investigations, etc.:

Certain Brake Drums from the Republic of Turkiye and the People's Republic of China, 91675-91676 2024-27006 Hard Empty Capsules from Brazil, the People's Republic of China, India, and the Socialist Republic of Vietnam, 91684-91690 2024-27009 International Trade Com International Trade Commission NOTICES Complaint, 91783-91786 2024-27001 2024-27002 Investigations; Determinations, Modifications, and Rulings, etc.: Hexamine (Hexamethylenetetramine) from China, Germany, India, and Saudi Arabia, 91786 2024-26998 Laminated Woven Sacks from Vietnam, 91784-91785 2024-27120 Justice Department Justice Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Application for Suspension of Deportation, 91786-91787 2024-27075 Labor Department Labor Department See Employee Benefits Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Financial Report Form, 91804 2024-27051 Strengthening Community Colleges Training Grant Program Round 4 Evaluation, 91802-91804 2024-27044 Land Land Management Bureau NOTICES Segregation of Public Land: Esmeralda Solar Projects, Esmeralda County, NV, 91776-91777 2024-27124 National Credit National Credit Union Administration NOTICES Meetings;

Sunshine Act, 91804 2024-27246 National Highway National Highway Traffic Safety Administration PROPOSED RULES Federal Motor Vehicle Safety Standards: Pedestrian Head Protection, Global Technical Regulation Number 9, 91670-91671 2024-26985 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Roadside Survey of Alcohol and Drug Prevalence of Road Users, 2025, 91884-91887 2024-27043 National Institute National Institutes of Health NOTICES Hearings, Meetings, Proceedings, etc.:

Center for Scientific Review, 91773 2024-27004 National Center for Advancing Translational Sciences, 91774 2024-27046 National Institute of Neurological Disorders and Stroke, 91773-91775 2024-27045 2024-27047 Licenses; Exemptions, Applications, Amendments, etc.: Inter-Institutional Agreement-Institution Lead; Peptides and Peptide Microarrays for Detection and Differentiation of Antibody Responses to Ebola Virus and Other Pathogens, 91773-91774 2024-27096 National Oceanic National Oceanic and Atmospheric Administration NOTICES Charter Amendments, Establishments, Renewals and Terminations:

Climate Services Advisory Committee, 91694-91695 2024-27064 Hearings, Meetings, Proceedings, etc.: Caribbean Fishery Management Council, 91690-91694 2024-27084 2024-27086 2024-27100 Taking or Importing of Marine Mammals: BNSF Railway Bridge Heavy Maintenance Project in King County, WA, 91692-91693 2024-27122 National Park National Park Service NOTICES Inventory Completion: Peabody Museum of Archaeology and Ethnology, Harvard University, Cambridge, MA, 91777-91783 2024-27030 2024-27033 2024-27035 2024-27036 2024-27037 2024-27038 2024-27039 2024-27040 National Register of Historic Places:

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Random Drug Testing Rate; Multi-Factor Authentication; and Operator and Contractor Management Information System Reporting, 91887-91889 2024-26737 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 91805-91809 2024-26976 2024-27126 Presidential Documents Presidential Documents PROCLAMATIONS Fine Denier Polyester Staple Fiber; Positive Adjustments to Competition From Imports Into U.S. (Proc. 10857), Republication, 92013-92022 2024-26714 Special Observances:

American Education Week (Proc. 10859), 91525-91526 2024-27304 National Apprenticeship Week (Proc. 10860), 91527-91528 2024-27307 Railroad Retirement Railroad Retirement Board NOTICES 2025 Railroad Experience Rating Proclamations, Monthly Compensation Base and Other Determinations, 91809-91811 2024-27066 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 91824-91825, 91852-91853 2024-27117 2024-27118 2024-27119 Application:

Diamond Hill Securitized Credit Fund and Diamond Hill Capital Management, Inc., 91852 2024-27014 Precidian ETF Trust II, et al., 91822-91824 2024-27015 Self-Regulatory Organizations; Proposed Rule Changes: Cboe Exchange, Inc., 91811-91815 2024-27013 New York Stock Exchange, LLC, 91817-91822, 91843-91852 2024-27016 2024-27023 NYSE American, LLC, 91831-91843, 91864-91866 2024-27017 2024-27021 2024-27024 NYSE Arca, Inc., 91815-91817 2024-27020 NYSE Chicago, Inc., 91862-91864 2024-27022 The Nasdaq Stock Market, LLC, 91853-91862 2024-27019 The Options Clearing Corp., 91825-91831 2024-27012 Small Business Small Business Administration RULES Disaster Assistance Loan Program Updates, 91536-91539 2024-27028 NOTICES Disaster Declaration:

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Northern Southern Railway Co., Pitt County, NC, 91871-91872 2024-26974 Abandonment; Northern Southern Railway Co.; Henderson and Polk Counties, NC, and Greenville and Spartanburg Counties, SC, 91870-91871 2024-27074 Abandonment; Southwest Pennsylvania Railroad Company; Fayette County, PA, 91870 2024-27105 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See National Highway Traffic Safety Administration See Pipeline and Hazardous Materials Safety Administration Treasury Treasury Department See Foreign Assets Control Office See Internal Revenue Service NOTICES Hearings, Meetings, Proceedings, etc.:

Federal Advisory Committee on Insurance, 91894-91895 2024-26989 Study and Report to Congress on the Impact on Consumers and Markets in the United States of a Final International Insurance Capital Standard, 91750-91751 2024-27005 Veteran Affairs Veterans Affairs Department PROPOSED RULES Loan Guaranty: Loan Reporting and Partial or Total Loss of Guaranty or Insurance, 91624-91635 2024-26776 Western Western Area Power Administration NOTICES Rate Order: Loveland Area Projects, 91723-91731 2024-26932 Pick-Sloan Missouri Basin Program, Eastern Division, 91731-91739 2024-26933 Separate Parts In This Issue Part II Commerce Department, Patent and Trademark Office, 91898-92011 2024-26821 Part III Presidential Documents, 92013-92022 2024-26714 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 89 224 Wednesday, November 20, 2024 Rules and Regulations DEPARTMENT OF AGRICULTURE Office of the Secretary 7 CFR Part 1 [Docket No. USDA-2024-0007] RIN 0503-AA80 Implementation of HAVANA Act of 2021 AGENCY: Office of the Secretary, USDA.

ACTION: Interim final rule and request for comments. SUMMARY: This rule implements the HAVANA Act of 2021 (the Act) for the U.S. Department of Agriculture (USDA). The Act provides the authority for the Secretary of Agriculture and other agency heads to provide payments to certain individuals who have incurred qualifying injuries to the brain. The rule covers current and former USDA employees and dependents of current or former employees. DATES: Effective November 20, 2024. We will consider all comments that we receive on or before January 21, 2025.

ADDRESSES: You may submit comments by going to *http://www.regulations.gov* and searching for Docket ID: USDA-2024-0007. Follow the online instructions for submitting comments. FOR FURTHER INFORMATION CONTACT: Mr. John Decato, Office of Human Resources Management,1400 Independence Avenue SW, Washington, DC 20250; email *John.Decato@usda.gov,* phone

(202)720-6706. SUPPLEMENTARY INFORMATION: Background On December 20, 2019, Congress gave authority (Pub. L. 116-94, division J, title IX, section 901) to the Department of State to pay benefits to certain individuals for injuries suffered after January 1, 2016, in the Republic of Cuba, the People's Republic of China, or another foreign country designated by the Department of State, in connection with certain injuries designated by the Secretary of State. These benefits were limited to Department of State employees, their dependents and other individuals affiliated with the Department of State. On January 1, 2021, Congress amended that law (Pub. L. 116-283, div. A, title XI, section 1110), authorizing other Federal Government agencies (such as the U.S. Department of Agriculture [USDA]) to provide similar benefits to their own employees for those injuries. Those provisions are codified at 22 U.S.C. 2680b. On October 8, 2021, the “Helping American Victims Afflicted by Neurological Attacks” (HAVANA) Act of 2021 became law (Pub. L. 117-46). In that Act, Congress authorized Federal Government agencies to compensate affected current employees, former employees, and their dependents for qualifying injuries to the brain. Section 3 of the HAVANA Act of 2021 removed the requirement in Public Law 116-94, division J, title IX, section 901, that the qualifying injury occur in “the Republic of Cuba, People's Republic of China, or other foreign country designated by the Secretary of State” for the purpose of making a payment under the HAVANA Act. The Act also requires the Department (and other agencies) to “prescribe regulations” implementing the HAVANA Act not later than 180 days after the effective date of the Act. This interim final rule implements the HAVANA Act of 2021 for USDA. The regulation herein applies only to current and former employees of USDA, and dependents of current or former employees, as defined in § 1.901 of this rule. Definitions This rule follows the definitional template provided in the HAVANA Act and its predecessors. The rule defines certain categories of individuals as employees, as well as those who are not considered employees. The term “covered employee” captures Department Foreign Service and Civil Service employees (regardless of the nature of their appointment) who, on or after January 1, 2016, became injured by a qualifying injury to the brain while they were an employee of the Department. The term “covered individual” captures any former employee of the Department (including retired or separated employees) who, on or after January 1, 2016, became injured by a qualifying injury to the brain while they were an employee of the Department. The term “covered dependent” captures a family member of a current or former Department employee who, on or after January 1, 2016, became injured by reason of a qualifying injury to the brain while the dependent's sponsor was an employee of the Department. For purposes of determining whether an individual is a covered dependent, the term “family members” includes unmarried children under 21 years of age (or certain other children) at the time of injury; parents; sisters and brothers; and spouses. Stepparents and stepsiblings are included in the definition. The definition of “qualifying injury to the brain” is based on current medical practices related to brain injuries. Further, the injury must have occurred in connection with certain hostile acts, including war, terrorist activity, or other incidents designated by the Secretary of State or the Secretary of Agriculture, as permitted by law, and must not have been the result of the willful misconduct of the individual. The individual must have: an acute injury to the brain such as, but not limited to, a concussion, penetrating injury, or as the consequence of an event that leads to permanent alterations in brain function as demonstrated by confirming correlative findings on imaging studies (to include computed tomography scan (CT), or magnetic resonance imaging scan (MRI)), or electroencephalogram (EEG); or a medical diagnosis of a traumatic brain injury

(TBI)that required active medical treatment for 12 months or more; or acute onset of new persistent, disabling neurologic symptoms as demonstrated by confirming correlative findings on imaging studies (to include CT, MRI), EEG, physical exam, or other appropriate testing, and that required active medical treatment for 12 months or more. In implementing this definition of “qualifying injury to the brain,” the Department adopts the standard set forth by the Department of State in its January 25, 2023, regulations implementing the HAVANA Act (see 88 FR 4722). With regard to these standards, this definition accounts for a variety of observable impacts to an individual, including either a concussion, a penetrating injury, or absent either of those, the ability of an appropriately certified physician to review one of a variety of forms of medical imaging evidence indicating permanent alterations in brain function. This will ensure there is some documented evidence of impact to the brain, while minimally circumscribing what that impact entails. The definition of “qualifying injury to the brain” will provide multiple avenues for demonstrating sustained, long-term impact to the individual. Establishing a 12-month threshold of active medical treatment is indicative of a long-term injury which the Department believes must be demonstrated prior to the awarding of benefits. For example, the Centers for Disease Control and Prevention

(CDC)broadly defines chronic diseases “as conditions that last 1 year or more and require ongoing medical attention or limit activities of daily living or both.” The definition of “other incident” is a new onset of physical manifestations that cannot otherwise be explained. Eligibility for Payments The Department will communicate with its entire workforce to inform them of the rule, regulations, and process for requesting payment. The Department will work together with potential recipients to provide the necessary documentation to qualify for payment. The Department believes these efforts will ensure all potential requestors will be able to identify themselves to the Department and begin the process of requesting a payment. However, Form CD-350, the form associated with developing the necessary evidence to submit a claim, will also be publicly hosted on the Department's public-facing website with instructions on how to contact the Department if a requestor believes they are eligible for a HAVANA Act payment. Section 1.902 states the conditions required before the Department will consider payments to current or former employees and dependents of current or former employees: the qualifying injury to the brain for a former employee must have occurred on or after January 1, 2016, and while the former employee was an employee of the Department; and for a dependent, the injury must have occurred on or after January 1, 2016, and while the dependent's sponsor was an employee of the Department. The Director, Office of Human Resources Management, must approve any HAVANA Act payment. Payments will be a one-time, non-taxable, lump sum payment, based on the annual salary of an Executive Schedule III employee (see 5 U.S.C. 5311 *et seq.* ). The payment is non-taxable pursuant to 22 U.S.C. 2680b(g). As indicated in § 1.902, in determining the amount of the payment, the Department will consider

(1)the responses on Form CD-350 and

(2)whether the Department of Labor, Office of Workers' Compensation Programs

(DOL)has determined that the requestor has no reemployment potential, or the Social Security Administration

(SSA)has approved the requestor for Social Security Disability Insurance or Supplemental Security Insurance, or the requestor's board-certified physician has certified that the individual requires a full-time caregiver for activities of daily living, as defined by the Katz Index of Independence in Activities of Daily Living. The award thresholds are based on the annual rate of basic pay for Level III of the Executive Schedule (ES). A Base payment will be 75 percent of Level III pay and a Base Plus payment will be 100 percent of Level III pay. If the requestor meets any of the criteria listed in

(2)in the paragraph immediately above, the requestor will be eligible to receive a Base Plus payment. Requestors with a documented “qualifying injury to the brain” but who do not meet any of the criteria listed in

(2)in the paragraph immediately above will be eligible to receive a Base payment. The criteria established in

(2)in the paragraph immediately above are reflective of the Department's objective of ensuring that the individuals most severely affected by anomalous health incidents

(AHIs)(as indicated by a lack of reemployment potential, an inability to engage in substantial gainful activity, or the need for a full-time caregiver) receive additional payment. The specific use of the DOL or the SSA determinations is to ensure that both current and former Federal employees as well as covered dependents have access to a mechanism for this determination. The Department recognizes that criteria DOL and SSA use in their disability determinations are distinct, as well as the fact that the procedural timelines for seeking and receiving approval may be different between these agencies. The third option, that a board-certified physician certifies that the individual requires a full-time caregiver for activities of daily living (as defined by the Katz Index of Independence in Activities of Daily Living), provides an alternative mechanism for all individuals. Finally, the Department notes that if a requestor who received a Base payment later meets any of the criteria listed in

(2)above, the requestor may apply for an additional payment that will be the difference between the Base and Base Plus payment. As the payments are tied to the Executive Schedule, the amounts may change over time based on increases to that Schedule. The Department may consult with the appropriate officials in other Federal agencies to identify their current and former covered employees, and current and former dependents who reported an anomalous health incident. The Department will not process payment for employees, former employees, or dependents of current or former employees of other agencies. While payments under the HAVANA Act may be on top of other leave, disability, or workers' compensation payments the requestor is receiving or may be entitled to receive that also help augment any loss of income, the Department believes this is an appropriate additional payment. The Department also believes this amount is the most it can reasonably compensate each requestor while ensuring available funds for all expected payments. The Department also notes that, because payments are contingent on appropriated funds, all payments will be paid out on a first come, first served basis. This is also in accordance with compensation awarded by the Department of State under the HAVANA Act. Immediate Action Immediate action is necessary in order to ensure expeditious payments are made to injured persons. Under these circumstances, prior notice and opportunity for public comment are contrary to the public interest and there is good cause under 5 U.S.C. 553 for making this action effective less than 30 days after publication in the **Federal Register** . We will consider comments we receive during the comment period for this interim rule (see DATES above). After the comment period closes, we will publish another document in the **Federal Register** . The document will include a discussion of any comments we receive and any amendments we are making to the rule. Executive Orders 12866 and 13563 The Office of Management and Budget has determined that this regulatory action does not meet the criteria for significant regulatory action pursuant to Executive Order 12866, Regulatory Planning and Review. Potential causes of AHI are being investigated but remain unknown. Given the nature of the incidents, it is difficult to accurately estimate future incidents and numbers of individuals affected. The Department has reviewed the rule to ensure its consistency with the regulatory philosophy and principles set forth in Executive Order 12866 and finds that the benefits of the rule (in providing mechanisms for individuals to obtain compensation for certain injuries) outweigh any costs to the public. The Department has also considered this rulemaking in light of Executive Order 13563 and affirms that this regulation is consistent with the guidance therein. Regulatory Flexibility Act This rule applies only to certain individuals who are current or former Department employees and family members who are eligible for payments as a result of certain injuries. Therefore, the rule will provide for payments to certain individuals, and is therefore not expected to impact any small entities. As a result, a regulatory flexibility analysis is not required under the Regulatory Flexibility Act (5 U.S.C. 601, *et seq.* ). Paperwork Reduction Act In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ), the information collection or recordkeeping requirements included in this rule have been approved by the Office of Management and Budget

(OMB)under OMB control number 1405-0250. List of Subjects in 7 CFR Part 1 Administrative practice and procedure, Antitrust, Claims, Cooperatives, Courts, Equal access to justice, Fraud, Freedom of information, Government employees, Indemnity payments, Lawyers, Motion pictures, Penalties, Privacy. Accordingly, we are amending 7 CFR part 1 as follows: PART 1—ADMINISTRATIVE REGULATIONS 1. The authority citation for part 1 continues to read as follows: Authority: 5 U.S.C. 301, unless otherwise noted. 2. Add subpart Q to read as follows: Subpart Q—Implementation of the HAVANA Act of 2021 Sec. 1.900 Authority. 1.901 Definitions. 1.902 Eligibility for payments by the Department of Agriculture. 1.903 Consultation with other agencies. Authority: 22 U.S.C. 2680b. Subpart Q—Implementation of the HAVANA Act of 2021 § 1.900 Authority.

(a)Under section 3 of the HAVANA Act of 2021 (22 U.S.C. 2680b), the Secretary of Agriculture or other agency heads may provide a payment for a qualifying injury to the brain to a covered employee or covered dependent who incurred a qualifying injury to the brain on or after January 1, 2016. The authority to provide such payments is at the sole discretion of the Secretary or the Secretary's designee.

(b)The regulations in this part are issued in accordance with 22 U.S.C. 2680b(i)(4) and also apply to former covered employees of the Department of Agriculture and their covered dependents. § 1.901 Definitions.

(a)*Covered employee.*

(1)An employee of the Department of Agriculture who, on or after January 1, 2016, becomes injured by reason of a qualifying injury to the brain.

(2)The following are considered employees of the Department of Agriculture for the purposes of this part: Department of Agriculture employees in the Foreign Service and Department of Agriculture employees who meet the definition of “employee” set forth in 5 U.S.C. 2105(a), including students providing volunteer service under 5 U.S.C. 3111.

(3)The following are not considered employees of the Department of Agriculture for purposes of this part: Employees or retired employees of other agencies.

(b)*Covered dependent.* A family member of a Department of Agriculture current or former employee who, on or after January 1, 2016, becomes injured by reason of a qualifying injury to the brain while the dependent's sponsor was an employee of the Department of Agriculture as specified in paragraph (a)(2) of this section.

(c)*Covered individual.* A former employee of the Department of Agriculture who, on or after January 1, 2016, becomes injured by reason of a qualifying injury to the brain while they were an employee of the Department of Agriculture as specified in paragraph (a)(2) of this section.

(d)*Family member.* For purposes of determining “covered dependent,” a family member is defined as follows:

(1)Children who are unmarried and under 21 years of age at the time of the qualifying injury or, regardless of age, are unmarried and due to mental and/or physical limitations are incapable of self-support. The term “children” must include natural offspring, step-children, adopted children, and those under permanent legal guardianship (at least until age 18), or comparable permanent custody arrangement, of the employee or spouse or domestic partner when dependent upon and normally residing with the guardian or custodial party, and U.S. citizen children placed for adoption if a U.S. court grants temporary guardianship of the child to the employee and specifically authorizes the child to reside with the employee in the country of assignment before the adoption is finalized;

(2)Parents (including stepparents and legally adoptive parents) of the employee, or of the spouse or of the domestic partner, as these terms are defined in 5 CFR 875.101;

(3)Sisters and brothers (including stepsisters or stepbrothers, or adoptive sisters or brothers) of the employee, or of the spouse when such sisters and brothers are at least 51 percent dependent on the employee for support, unmarried and under 21 years of age, or regardless of age, are physically and/or mentally incapable of self-support; and

(4)Spouse or domestic partner at the time of injury.

(e)*Qualifying injury to the brain.*

(1)The injury must have occurred in connection with war, insurgency, hostile act, terrorist activity, or other incidents designated by the Secretary of State or the Secretary of Agriculture, as permitted by law, and was not the result of the willful misconduct of the individual; and

(2)The individual must have:

(i)An acute injury to the brain such as, but not limited to, a concussion, penetrating injury, or as the consequence of an event that leads to permanent alterations in brain function as demonstrated by confirming correlative findings on imaging studies (to include computed tomography scan (CT), or magnetic resonance imaging scan (MRI)), or electroencephalogram (EEG); or

(ii)A medical diagnosis of a traumatic brain injury

(TBI)that required active medical treatment for 12 months or more; or

(iii)Acute onset of new persistent, disabling neurologic symptoms as demonstrated by confirming correlative findings on imaging studies (to include CT or MRI), or EEG, or physical exam, or other appropriate testing, and that required active medical treatment for 12 months or more.

(f)*Other incident.* A new onset of physical manifestations that cannot otherwise be readily explained.

(g)*Requestor.* A requestor is a covered employee, a covered individual, or a covered dependent who applies for payment under this subpart. § 1.902 Eligibility for payments by the Department of Agriculture.

(a)The Department of Agriculture may provide a payment to covered individuals, as defined in this § 1.901, if the qualifying injury to the brain was assessed and diagnosed in person by a currently board-certified physician from the American Board of Psychiatry and Neurology (ABPN), the American Osteopathic Board of Neurology and Psychiatry (AOBNP), the American Board of Physical Medicine and Rehabilitation (ABPMR), or the American Board of Physical Medicine and Rehabilitation (AOBPMR); and occurred on or after January 1, 2016, and while the individual was a covered employee of the Department of Agriculture.

(b)The Department of Agriculture may provide a payment to covered employees, as defined in this section, if the qualifying injury to the brain was assessed and diagnosed in person by a currently board-certified physician from ABPN, AOBNP, ABPMR, or AOBPMR; and occurred on or after January 1, 2016, and while the employee was a covered employee of the Department.

(c)The Department of Agriculture may provide a payment to a covered dependent, if the qualifying injury to the brain was assessed and diagnosed in person by a currently board-certified physician from the ABPN, AOBNP, ABPMR, or AOBMR; and occurred on or after January 1, 2016, and while the dependent was a family member of the covered employee of the Department.

(d)Payment for a qualifying injury to the brain will be a non-taxable, one-time lump sum payment.

(e)The Department will determine the amount paid to each eligible person based on the following factors:

(1)The responses on Form CD-350, “Eligibility Questionnaire for HAVANA Act Payments”; and

(2)Whether the Department of Labor has determined that the requestor has no reemployment potential, or the Social Security Administration has approved the requestor for Social Security Disability Insurance or Supplemental Security Insurance

(SSI)benefits; or the requestor's ABPN, AOBPN, ABPMR, or AOBPMR-certified physician has certified that the individual requires a full-time caregiver for activities of daily living, as defined by the Katz Index of Independence of Daily Living.

(3)The award thresholds are based on the Level III of the Executive Schedule: Base payment will be 75 percent of Level III pay, and Base Plus payment will be 100 percent of Level III pay. If the requestor meets any of the criteria listed in paragraph (e)(2) of this section, the requestor will be eligible to receive a Base Plus payment. Requestors who are otherwise eligible for payment for a qualifying injury to the brain (defined in § 3.2(e)) but do not meet any of the criteria listed in paragraph (e)(2) of this section will be eligible to receive a Base payment. If a requestor who received a Base payment later meets any of the criteria listed in paragraph (e)(2) of this section, the requestor may apply for an additional payment that will be the difference between the Base and Base Plus payment.

(f)The Director, Office of Human Resources Management may approve payments under this section. The Office of Human Resources Management will notify individuals of the decision in writing.

(g)An appeal of a decision made by the Director, Office of Human Resources Management may be directed to the Deputy Assistant Secretary for Administration in writing. The Deputy Assistant Secretary for Administration is the final appeal authority. The Office of Human Resources Management will notify individuals of the decision in writing. § 3.4 Consultation with other agencies. The Department may consult with the appropriate officials in other Federal agencies to identify their current and former covered employees, and current and former dependents who reported an anomalous health incident. The Department will not process payment for employees, former employees, or dependents of current or former employees of other agencies. Xochitl Torres Small, Deputy Secretary, U.S. Department of Agriculture. [FR Doc. 2024-27112 Filed 11-19-24; 8:45 am]

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