Compliance Alert – February 2022

Legislative Updates

HB9: Labor, prohibits state and political subdivisions from teaching divisive concepts relating to race or sex in training, prohibits same for state contractors, Dept. of Labor to review state agency training programs. Last Action: 2022-01-11, Read for the first time and referred to the House of Representatives committee on State Government.  Hearing not yet specified.

HB46: This bill would establish the State Seal of Biliteracy program to recognize graduates who have attained a high level of proficiency in speaking, reading, and writing in one or more languages in addition to English, and would provide for the seal to be awarded to the graduate by the State Department of Education. Last Action: 2022-02-03, to House Education Policy committee, Hearing February 16 @ 1:30

HB83: Education, Prepaid Affordable College Tuition Program board, may meet electronically, Sec. 16-33C-4.1 am’d. Last Action: 2022-02-09, Pending third reading on day 9 Favorable from State Government. Hearing not yet specified.

HB125: Colleges and universities, local boards of education, schools prohibited from using public funds to advocate for or against ballot measures. Last Action: 2022-02-09, State Government first Amendment Offered, hearing not yet specified.

HB134: Teachers Retirement System, 30-year service retirement, member contribution rate increased, Secs. 16-25-14, 16-25-21 am’d.N. This bill would modify the retirement benefits for Tier II plan members of the Teachers’ Retirement System by providing 30-year service 11 retirement. This bill would also increase the member contribution rate. Last Action: 2022-02-03, Read for the first time and referred to the Senate committee on Finance and Taxation Education. Hearing not specified.

HB135: Education budget, appropriations for the support, maintenance, and development of public education. This bill makes appropriations for the support, maintenance, and development of public education in Alabama, for debt service, and for capital outlay for the fiscal year ending September 30, 2023. Last Action: 2022-01-13, to House Ways and Means Education Committee, Hearing not specified.

SB7: Labor, prohibits state and political subdivisions from teaching divisive concepts relating to race or sex in training, prohibits same for state contractors, Dept. of Labor to review state agency training programs. Last Action: 2022-01-11, Read for the first time and referred to the Senate committee on Governmental Affairs. Hearing not yet specified.

SB15: State Textbook Committee, publishers permitted to provide standards correlation evidence to State Dept. of Education, State Superintendent of Education to convene other instructional materials review committees to review and rate materials and to establish evaluation criteria, Sec. 16-36-73 added; Secs. 16-36-60, 16-36-60.1, 16-36-65 am’d. Last Action: 2022-02-10, Read for the first time and referred to the House of Representatives committee on Education Policy. Hearing February 16 @ 1:30

SB18: Deferred compensation plans, portion of income exempt from income tax, Sec. 40-18-19 am’d. Last Action: 2022-01-18, to Senate Finance and Taxation Education Committee, hearing not yet specified.

Final Rules


Thiabendazole; Pesticide Tolerances; Technical Correction

EPA issued a final rule in the Federal Register of August 30, 2021, establishing tolerances for residues of thiabendazole in or on multiple commodities requested by the Interregional Research Project Number 4 (IR-4) under the Federal Food, Drug, and Cosmetic Act (FFDCA). That document inadvertently instructed the Federal Register to remove four tolerances that should have been revised and to delete two footnotes concerning other tolerances. This document corrects the final regulation. As a housekeeping measure, it also removes two tolerances that expired in 2017.

Federal Agency: Environmental Protection Agency (EPA)

Affected Area: EHS

Grants Regulation; Removal of Non-Discrimination Provisions and Repromulgation of Administrative Provisions Under the Uniform Grant Regulation

The U.S. District Court for the District of Columbia in Facing Foster Care et al. v. HHS, 21-cv-00308 (DDC Feb. 2, 2021), has postponed the effectiveness of portions of the final rulemaking amendments to the Uniform Administrative Requirements, promulgated on January 12, 2021. Those provisions are now effective April 18, 2022.

Federal Agency: Assistant Secretary for Financial Resources (ASFR), Health and Human Services (HHS or the Department)

Affected Area: OSP, ORED, Grant Accounting

 COVID-19 Vaccination and Testing; Emergency Temporary Standard

OSHA is withdrawing the November 5, 2021, emergency temporary standard (ETS) which was issued to protect unvaccinated employees of large employers (100 or more employees) from the risk of contracting COVID-19 by strongly encouraging vaccination.

Federal Agency: Occupational Safety and Health Administration (OSHA), Labor

Affected Area: HR

 Poly(oxy-1,2-ethanediyl)-α-hydro-ω-hydroxy-, Polymer With Poly(isocyanatoalkyl) Benzene, Alkylol-Blocked; Tolerance Exemption

This regulation establishes an exemption from the requirement of a tolerance for residues of Poly(oxy-1,2-ethanediyl)-α-hydro-ω-hydroxy-, polymer with poly(isocyanatoalkyl) benzene, alkylol-blocked when used as an inert ingredient in a pesticide chemical formulation. BYK USA Inc. submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of Poly(oxy-1,2-ethanediyl)-α-hydro-ω-hydroxy-, polymer with poly(isocyanatoalkyl) benzene, alkylol-blocked on food or feed commodities.

Federal Agency: Environmental Protection Agency (EPA)

Affected Area: EHS

2-Isobutyl-2-methyl-1,3-dioxolane-4-methanol; Exemption From the Requirement of a Tolerance

This regulation establishes an exemption from the requirement of a tolerance for residues of 2-isobutyl-2-methyl-1,3-dioxolane-4-methanol (CAS Reg. No. 5660-53-7) when used as an inert ingredient (solvent/cosolvent) on growing crops and raw agricultural commodities after harvest, and in antimicrobial formulations applied to food-contact surfaces in public eating places, dairy-processing equipment, and food-processing equipment and utensils. SciReg, Inc., on behalf of Solvay USA Inc., submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting establishment of an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of 2-isobutyl-2-methyl-1,3-dioxolane-4-methanol, when used in accordance with the terms of those exemptions.

Federal Agency: Environmental Protection Agency (EPA)

Affected Area: EHS

Proposed Rules

Pesticides; Certification of Pesticide Applicators; Further Extension to Expiration Date of Certification Plans

The Environmental Protection Agency (EPA) is proposing to extend the deadline by which Federal, State, territory, and tribal certifying authorities with existing certification plans are required to revise their existing certification plans to conform with the updated Federal standards for the certification of applicators of restricted use pesticides (RUPs) up to but not longer than November 4, 2024. Federal, State, territory, and tribal certifying authorities with existing certification plans are required to revise their existing certification plans to conform with the updated Federal standards for the certification of applicators of RUPs and the regulations established the deadline by which the existing plans are set to expire unless the revised plans are approved by the Agency. EPA is proposing this extension to allow additional time for proposed certification plan modifications to continue being reviewed and approved by EPA without interruption to Federal, State, territory, and tribal certification programs or to those who are certified to use RUPs under those programs.

Federal Agency: Environmental Protection Agency (EPA)

Affected Area: EHS

Comments Due: 3/9/2022

Notices

Submission for OMB Review; Certain Federal Acquisition Regulation Part 4 Requirements

Under the provisions of the Paperwork Reduction Act, the Regulatory Secretariat Division has submitted to the Office of Management and Budget (OMB) a request to review and approve a revision of a previously approved information collection requirement regarding certain Federal Acquisition Regulation (FAR) part 4 requirements.

Federal Agency: Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA)

Affected Area: Research and Economic Development

Comments Due: 2/28/2022

Submission for OMB Review; Certain Federal Acquisition Regulation Part 4 Requirements

Under the provisions of the Paperwork Reduction Act, the Regulatory Secretariat Division has submitted to the Office of Management and Budget (OMB) a request to review and approve a revision of a previously approved information collection requirement regarding certain Federal Acquisition Regulation (FAR) part 4 requirements.

Federal Agency: Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA)

Affected Area: Research and Economic Development

Comments Due: 2/28/2022

Information Collection Request Submitted to OMB for Review and Approval; Comment Request; Community Right-to-Know Reporting Requirements Under Sections 311 and 312 of the Emergency Planning and Community Right-to-Know Act (EPCRA) (Renewal)

The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), Community Right-to-Know Reporting Requirements under Sections 311 and 312 of the Emergency Planning and Community Right-to-Know Act (EPA ICR Number 1352.16, OMB Control Number 2050-0072) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act. This is a proposed extension of the ICR, which is currently approved through March 31, 2022. Public comments were previously requested via the Federal Register on August 20, 2021 during a 60-day comment period. This notice allows for an additional 30 days for public comments. A fuller description of the ICR is given below, including its estimated burden and cost to the public. An agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.

Federal Agency: Environmental Protection Agency

Affected Area: EHS

Comments Due: 2/28/2022

Certain New Chemicals or Significant New Uses; Statements of Findings for December 2021

The Toxic Substances Control Act (TSCA) requires the Environmental Protection Agency (EPA) to publish in the Federal Register a statement of its findings after its review of certain TSCA notices when EPA makes a finding that a new chemical substance or significant new use is not likely to present an unreasonable risk of injury to health or the environment. Such statements apply to premanufacture notices (PMNs), microbial commercial activity notices (MCANs), and significant new use notices (SNUNs) submitted to EPA under TSCA. This document presents statements of findings made by EPA on such submissions during the period from December 1, 2021 to December 31, 2021.

Federal Agency: Environmental Protection Agency (EPA)

Affected Area: EHS

Federal Perkins Loan, Federal Work-Study, and Federal Supplemental Educational Opportunity Grant Programs; 2022-23 Award Year Deadline Dates

The Secretary announces the 2022-23 award year deadline dates for the submission of requests and documents from postsecondary institutions for the Federal Perkins Loan (Perkins Loan) Program, Federal Work-Study (FWS), and Federal Supplemental Educational Opportunity Grant (FSEOG) programs (collectively, the “Campus-Based programs”), Assistance Listing Numbers 84.038, 84.033, and 84.007.

Federal Agency: Federal Student Aid, Department of Education

Affected Area: Student Financial Aid

 Applications for New Awards; Supplemental Support Under the American Rescue Plan

The Department of Education (Department) is issuing a notice announcing the availability of funds and the application deadline for new grants to institutions of higher education under the Higher Education Emergency Relief Fund (HEERF or HEERF III), Supplemental Support under the American Rescue Plan (SSARP) program, Assistance Listing Number (ALN) 84.425T. The SSARP program supports institutions of higher education (IHEs or institutions) with the greatest unmet needs related to the novel coronavirus 2019 pandemic (coronavirus or COVID-19).

Federal Agency: Office of Postsecondary Education, Department of Education

Affected Area: Sponsored Programs, Student Financial Aid, Compliance, Student Account Services

Availability of the Draft IRIS Toxicological Review of Perfluorohexanoic Acid (PFHxA) and Related Salts

The Environmental Protection Agency (EPA) is announcing a 60-day public comment period associated with release of the draft Integrated Risk Information System (IRIS) Toxicological Review of Perfluorohexanoic Acid (PFHxA) and Related Salts. The draft document was prepared by the Center for Public Health and Environmental Assessment (CPHEA) within EPA’s Office of Research and Development (ORD). EPA is releasing this draft IRIS assessment for public comment in advance of an independent external peer review organized by ERG, a contractor to EPA. The external peer reviewers will be provided with all written comments submitted in response to this notice for their consideration as they conduct their review. To receive future notification about the peer review, sign up for EPA’s IRIS listserv, as described in this notice. EPA will consider all comments received when revising the document post-peer review. This draft assessment is not final as described in EPA’s information quality guidelines, and it does not represent, and should not be construed to represent Agency policy or views.

Federal Agency: Environmental Protection Agency (EPA)

Affected Area: EHS

Comments Due: 4/4/2022

Pesticide Registration Review; Pesticide Dockets Opened for Review and Comment; Notice of Availability

This notice announces the availability of the EPA’s preliminary work plans for the following chemicals: Cyflufenamid, fluopyram, and pyroxasulfone. With this document, the EPA is opening the public comment period for registration review for these chemicals.

Federal Agency: Environmental Protection Agency (EPA)

Affected Area: EHS

Comments Due: 4/4/2022

Pesticide Registration Review; Interim Decisions and Case Closures for Several Pesticides; Notice of Availability

This notice announces the availability of EPA’s interim registration review decisions for the following chemicals: Amitraz, cinnamaldehyde, farnesol and nerolidol, fenbuconazole, isoxaflutole, mesotrione, metaldehyde, nosema locustae, rotenone, sodium cyanide, sodium fluoroacetate, spiromesifen, tembotrione, topramezone, and ulocladium oudemansii (U3 Strain).

Federal Agency: Environmental Protection Agency (EPA)

Affected Area: EHS

 Notice of Receipt of Requests To Voluntarily Cancel Certain Pesticide Registrations and Amend Registrations To Terminate Certain Uses

In accordance with the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA is issuing a notice of receipt of requests by the registrants to voluntarily cancel their registrations of certain products and to amend their product registrations to terminate one or more uses. EPA intends to grant these requests at the close of the comment period for this announcement unless the Agency receives substantive comments within the comment period that would merit its further review of the requests, or unless the registrants withdraw its requests. If these requests are granted, any sale, distribution, or use of products listed in this notice will be permitted after the registrations have been cancelled and uses terminated, only if such sale, distribution, or use is consistent with the terms as described in the final order.

Federal Agency: Environmental Protection Agency (EPA)

Affected Area: EHS

Comments Due: 3/3/2022

Pesticide Registration Review; Interim Decisions and Final Decision for Several Pesticides; Notice of Availability

This notice announces the availability of EPA’s interim registration review decisions for the following chemicals: Creosote; and chromated arsenicals and dichromic acid, disodium salt, dehydrate. In addition, it announces the final registration review decision for pentachlorophenol.

Federal Agency: Environmental Protection Agency (EPA)

Affected Area: EHS

Pesticide Registration Review; Draft Human Health and/or Ecological Risk Assessments for Several Pesticides; Notice of Availability

This notice announces the availability of EPA’s draft human health and/or ecological risk assessments for the registration review of 1,3-Propanediamine, N-(3-aminopropyl)-N-dodecyl- (1,3-PAD).

Federal Agency: Environmental Protection Agency (EPA)

Affected Area: EHS

Comments Due: 4/4/2022

Pesticide Registration Review; Proposed Interim Decisions for Several Pesticides; Notice of Availability

This notice announces the availability of EPA’s proposed interim registration review decisions and opens a 60-day public comment period on the proposed interim decisions for the following pesticides: Dimethoxane; ferbam; iprodione; laminarin; linalool; thiram; and ziram.

Federal Agency: Environmental Protection Agency (EPA)

Affected Area: EHS

Comments Due: 4/4/2022

Notice of the Establishment of the Cyber Safety Review Board

The Secretary of Homeland Security (Secretary), in consultation with the Attorney General, is establishing the Cyber Safety Review Board (CSRB) as directed by the Executive Order titled, Improving the Nation’s Cybersecurity, and pursuant to the Homeland Security Act of 2002. DHS is announcing the establishment of the CSRB, a new review board, for public awareness.

Federal Agency: Department of Homeland Security (DHS), Cybersecurity and Infrastructure Security Agency (CISA)

Affected Area: OIT

Agency Information Collection Activities; Proposed Renewal of Currently Approved Collection and Request for Comment; Notification of Substantial Risk of Injury to Health and the Environment Under the Toxic Substances Control Act (TSCA)

In compliance with the Paperwork Reduction Act (PRA), this document announces the availability of and solicits public comment on the following Information Collection Request (ICR) that EPA is planning to submit to the Office of Management and Budget (OMB): “Notification of Substantial Risk of Injury to Health and the Environment under the Toxic Substances Control Act (TSCA)” and identified by EPA ICR No. 0794.17 and OMB Control No. 2070-0046. This ICR represents the renewal of an existing ICR that is currently approved through October 31, 2022. Before submitting the ICR to OMB for review and approval under the PRA, EPA is soliciting comments on specific aspects of the information collection activities and burden estimates that are summarized in this document. The ICR and accompanying material are available in the docket for public review and comment.

Federal Agency: Environmental Protection Agency (EPA)

Affected Area: EHS

Comments Due: 4/11/20222

Asbestos Part 2: Supplemental Evaluation Including Legacy Uses and Associated Disposals of Asbestos; Draft Scope of the Risk Evaluation To Be Conducted Under the Toxic Substances Control Act (TSCA); Extension of Comment Period

In the Federal Register of December 29, 2021, EPA announced the availability of and solicited public comment on the draft scope of a risk evaluation under the Toxic Substances Control Act (TSCA) for Asbestos Part 2: Supplemental Evaluation Including Legacy Uses and Associated Disposals of Asbestos. This document extends the comment period for 15 days from February 14, 2022, to March 1, 2022.

Federal Agency: Environmental Protection Agency (EPA)

Affected Area: EHS

Comments Due: 3/1/2022

Comment Request; Information Collections: Requests To Approve Conformed Wage Classifications and Unconventional Fringe Benefit Plans Under the Davis-Bacon and Related Acts and Contract Work Hours and Safety Standards Act

The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden, conducts a preclearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA). This program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. Currently, the Wage and Hour Division is soliciting comments concerning its proposal to extend Office of Management and Budget (OMB) approval of the Information Collection: Requests to Approve Conformed Wage Classifications and Unconventional Fringe Benefit Plans Under the Davis-Bacon and Related Acts and Contract Work Hours and Safety Standards Act. A copy of the proposed information request can be obtained by contacting the office listed below in the FOR FURTHER INFORMATION CONTACT section of this Notice

Federal Agency: Wage and Hour Division, Department of Labor

Affected Area: Construction Administration

Comments Due: 4/8/2022

Federal Perkins Loan, Federal Work-Study, and Federal Supplemental Educational Opportunity Grant Programs; 2022-23 Award Year Deadline Dates

In notice document 2022-01897 beginning on page 4871 in the issue of Monday, January 31, 2022, make the following correction:

On page 4872, in the table, under the heading “What is the deadline for submission?”, entry five should read “Tuesday, November 1, 2022.”.

Federal Agency: Department of Education

Affected Area: Student Financial Aid

Submission for OMB Review; Certain Federal Acquisition Regulation Part 9 Requirements

Under the provisions of the Paperwork Reduction Act, the Regulatory Secretariat Division has submitted to the Office of Management and Budget (OMB) a request to review and approve a revision of a previously approved information collection requirement regarding certain Federal Acquisition Regulation (FAR) part 9 requirements.

Federal Agency: Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA)

Affected Area: Research and Economic Development

Comments Due: 3/21/2022

National Fall Safety Stand-Down To Prevent Falls in Construction; Office of Management and Budget’s (OMB) Approval of Information Collection (Paperwork) Requirements

OSHA solicits public comments concerning the proposal to the Office of Management and Budget’s (OMB) approval of the information collection requirements specified in the National Fall Safety Stand-Down to Prevent Falls in Construction.

Federal Agency: Occupational Safety and Health Administration, Labor

Affected Area: Construction Administration

Comments Due: 4/18/2022

Agency Information Collection Activities; Submission for OMB Review; Comment Request; Occupational Safety and Health Act Variance Regulations

Sections 6(b)6(A), 6(b)6(B), 6(b)6(C), 6(d), and 16 of the OSH Act, and 29 CFR 1905.10, 1905.11, and 1905.12, specify the procedures that employers must follow to apply for a variance from the requirements of an OSHA standard. OSHA uses the information collected under these procedures to: (1) Evaluate the employer’s claim that the alternative means of compliance would provide Start Printed Page 9387 affected employees with the requisite level of health and safety protection; (2) assess the technical feasibility of the alternative means of compliance; (3) determine that the employer properly notified affected employees of the variance application and their right to a hearing; and (4) verify that the application contains the administrative information required by the applicable variance regulation. For additional substantive information about this ICR, see the related notice published in the Federal Register on November 10, 2021 (86 FR 62569

Federal Agency: Department of Labor

Affected Area: EHS, Construction Administration

Comments Due: 3/21/2022

Information Collection Request Submitted to OMB for Review and Approval; Comment Request; Trade Secrets Claims for Community Right-to-Know and Emergency Planning (Renewal)

The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), “Trade Secrets Claims for Community Right-to-Know and Emergency Planning (EPA ICR Number 1428.12, OMB Control Number 2050-0078) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act. This is a proposed extension of the ICR, which is currently approved through April 30, 2022. Public comments were previously requested via the Federal Register on September 1, 2021 during a 60-day comment period. This notice allows for an additional 30 days for public comments. A fuller description of the ICR is given below, including its estimated burden and cost to the public. An agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.

Federal Agency: Environmental Protection Agency (EPA)

Affected Area: EHS

Comments Due: 3/18/2022

Cyclic Aliphatic Bromide Cluster (HBCD); Draft Revision to Toxic Substances Control Act (TSCA) Risk Determination; Reopening of the Comment Period

In the Federal Register of December 29, 2021, EPA announced the availability of and solicited public comment on a draft revision to the risk determination for the Cyclic Aliphatic Bromide Cluster (HBCD) risk evaluation under the Toxic Substances Control Act (TSCA). This document reopens the comment period for 15 days.

Federal Agency: Environmental Protection Agency (EPA)

Affected Area: EHS

Comments Due: 3/4/2022

Agency Information Collection Activities; Comment Request; Federal Student Aid (FSA) Feedback System

This is a request for extension of the current information collection of the FSA Feedback System, OMB Control 1845-0141. On March 10, 2015, the White House issued a Student Aid Bill of Rights. Among the objectives identified was the creation of a centralized complaint system that is now resident and supported via the Federal Student Aid/Customer Engagement Management System. The purpose of the Customer Engagement Management System (CEMS) is to meet the objective: “Create a Responsive Student Feedback System: The Secretary of Education will create a new website by July 1, 2016, to give students and borrowers a simple and straightforward way to file complaints and provide feedback about federal student loan lenders, servicers, collections agencies, and institutions of higher education. Students and borrowers will be able to ensure that their complaints will be directed to the right party for timely resolution, and the Department of Education will be able to more quickly respond to issues and strengthen its efforts to protect the integrity of the student financial aid programs.”

Federal Agency: Federal Student Aid (FSA), Department of Education (ED)

Affected Area: Student Financial Aid

Comments Due: 4/15/2022

Items of Interest

It’s Time to Bridge the Divide Separating Policymakers and Researchers

President Biden’s management agenda provides the perfect opportunity for government officials and public policy researchers to help one another solve pressing problems.

Is My Research Covered by a Certificate of Confidentiality?

NIH does not issue a physical certificate or otherwise inform the investigator that the research activity is covered by a CoC. Instead, it is the responsibility of the investigator and the recipient institution to determine if the research they are conducting is subject to the NIH CoC Policy.

Investigators and recipient institutions who are collecting or using covered information cannot decline the CoC protections, as the CoC is issued as a term and condition of the NIH award.

 White House Guidance on Implementing NSPM-33: Standardization of Disclosure and Security Measures for Federal Research Funding (JD Supra)

https://www.jdsupra.com/legalnews/white-house-guidance-on-implementing-2549077/

Foreign influence in U.S.-funded scientific research has been the subject of increased scrutiny and federal enforcement over the last four years, culminating in January 2021, when the Trump administration issued National Security Presidential Memorandum 33 (“NSPM-33”). NSPM-33 requires all federal research funding agencies to strengthen and standardize disclosure requirements for research and development awards, as well as research security measures at major institutions receiving federal funds. The White House Office of Science and Technology recently released guidance implementing NSPM-33, including detailed disclosure and security requirements. These requirements will impact every researcher and research institution applying for federal scientific research funding.

 Request for Nominations of Members for the National Agricultural Research, Extension, Education, and Economics (NAREEE) Advisory Board, Specialty Crop Committee (SCC), (CDS), and (NGRAC); Correction

Notice of Correction; Solicit nominations for memberships for the NAREEE Advisory Board, SCC, CDS, and the NGRAC.

 Request for Nominations for Individuals and Consumer Organizations for Advisory Committees

The Food and Drug Administration (FDA or the Agency) is requesting that any consumer organizations interested in participating in the selection of voting and/or nonvoting consumer representatives to serve on its advisory committees or panels notify FDA in writing. FDA is also requesting nominations for voting and/or nonvoting consumer representatives to serve on advisory committees and/or panels for which vacancies currently exist or are expected to occur in the near future. Nominees recommended to serve as a voting or nonvoting consumer representative may be self-nominated or may be nominated by a consumer organization. FDA seeks to include the views of women and men, members of all racial and ethnic groups, and individuals with and without disabilities on its advisory committees and, therefore, encourages nominations of appropriately qualified candidates from these groups.

Announcement of Requirements and Registration for the REACH Lark Galloway-Gilliam Nomination for Advancing Health Equity Challenge (REACH Lark Award Challenge)

The Centers for Disease Control and Prevention (CDC), located within the Department of Health and Human Services (HHS), announces the 2022 Racial and Ethnic Approaches to Community Health (REACH) Lark Galloway-Gilliam for Advancing Health Equity Award Challenge (REACH Lark Award Challenge). This biennial challenge was established in 2019 to recognize extraordinary individuals, organizations, or community coalitions associated with the REACH program whose work has contributed to the implementation of culturally tailored interventions that advance health equity, reduce health disparities, and increase community engagement to address preventable risk factors ( e.g., tobacco use, poor nutrition, physical inactivity, and inadequate access to clinical services).

Federal Agency: Centers for Disease Control and Prevention (CDC), Department of Health and Human Services (HHS)

Comments Due: 3/18/2022

Agency Information Collection Activities; Comment Request; Supplemental Support Under the American Rescue Plan (SSARP) Application

Section 2003 of the American Rescue Plan allocates funds for institutions of higher education that the Secretary determines have the greatest unmet needs related to the coronavirus. This collection includes (1) a certification and agreement and (2) a profile form that will be used by institutions applying for discretionary grant funding under this section.

Federal Agency: Office of Postsecondary Education (OPE), Department of Education (ED)

Notice Inviting Applications for Public and Private Nonprofit Institutions of Higher Education Under the Higher Education Emergency Relief Fund (HEERF), Section 2003 of the American Rescue Plan Act, 2021 (ARP)

The U.S. Department of Education is reopening the application period for institutions of higher education (IHEs) eligible for HEERF, ARP Act funds under the grant funding provided in SUPPLEMENTARY INFORMATION . The Secretary takes this action to allow eligible applicants additional time to submit their Certifications and Agreements (applications), and associated data submissions for approved information collections.

Federal Agency: Office of Postsecondary Education, Department of Education

Comments Due: 3/7/2022

Native American Graves Protection and Repatriation Review Committee Finding Regarding the Cultural Affiliation of Human Remains and Associated Funerary Objects Removed Moundville Archeological Site (1TU500)

On November 23, 2021, the Native American Graves Protection and Repatriation Review Committee (Review Committee) found, based on the information provided before and during its public meeting, that a cultural affiliation exists between the present-day Muskogean-speaking Indian Tribes and the earlier group connected to human remains and funerary objects excavated at, and adjacent to, the Moundville archeological site (1Tu500), in Tuscaloosa County, AL. The recommendations, findings, and actions in this notice are advisory only and are not binding on any person. Pursuant to the Native American Graves Protection and Repatriation Act (NAGPRA or the Act), the Review Committee is responsible for reviewing and making findings related to the identity or cultural affiliation of cultural items. The National Park Service is not responsible for the determinations in this notice.

Federal Agency: National Park Service, Interior

Request for Nomination of Experts for the Biofuels and the Environment: Third Triennial Report to Congress Peer Review Panel

The U.S. Environmental Protection Agency (EPA) is requesting nominations for an external expert panel to peer review EPA’s Biofuels and the Environment: Third Triennial Report to Congress (RtC3). The peer review will be conducted under the framework of EPA’s Scientific Integrity Policy ( https://www.epa.gov/​sites/​default/​files/​2014-02/​documents/​scientific_​integrity_​policy_​2012.pdf ) and follow procedures established in EPA’s Peer Review Handbook 4th Edition, 2015 (EPA/100/B-15/001). EPA invites the public to nominate scientific experts to be considered as peer reviewers for this contractor-managed peer review. Nominations of peer review candidates will be accepted by EPA’s contractor, Eastern Research Group, Inc. (ERG). Relevant expertise includes economics, engineering, agronomics, land use change, remote sensing, air quality, biogeochemistry, water quality, hydrology, conservation biology, limnology, and ecology. EPA has instructed ERG to formulate a single pool of eighteen (18) candidate external reviewers to provide independent external peer review. After consideration of peer reviewer nominations submitted to ERG in response to this Federal Register notice (FRN) and after consideration of public comments on the List of Candidates (to be announced in a future FRN), ERG will select from this pool the final list of up to nine (9) peer reviewers in a manner consistent with EPA’s Peer Review Handbook 4th Edition, 2015 (EPA/100/B-15/001), ensuring their combined expertise best spans the above disciplines.

Federal Agency: Environmental Protection Agency (EPA)

Comments Due: 3/3/2022

Democrats want to win the tech war with China. The best way is to bolster U.S. allies.

The House bill would pump money into federal agencies to fund a dizzying array of research initiatives: nanoscience, quantum computing, artificial intelligence, climate technology, even biometric identification systems. The bill would also make it easier for scientists and engineers to stay in the country, a long-needed update to the nation’s irrational immigration laws.

 FSA Announces 2022-23 Pell Grant Payment and Disbursement Schedules

Federal Student Aid (FSA) in a Dear Colleague Letter on Monday published the Payment and Disbursement Schedules for determining Federal Pell Grant awards for the 2022-23 award year. Because the government is still being funded under a continuing resolution until February 18 and new appropriations have not been finalized, the maximum Pell Grant award remains fixed at $6,495. The corresponding maximum Pell Grant-eligible expected family contribution (EFC) remains fixed at $5,846, according to FSA . If Congress makes changes to Pell Grant funding, FSA said it will publish revised schedules.

National Science Board Weighs In on State of US Science

The National Science Board released a report last week that highlights changes in U.S. R&D performance and the composition of the country’s STEM workforce. Drawing on statistics gathered by the National Science Foundation, it charts how the U.S. share of global R&D expenditures and research outputs such as publications has continued to decrease as other countries — most particularly China — have built up their research enterprises.

In a policy brief accompanying the report, the board argues it is no longer feasible for the U.S. to lead “across-the-board” in science and engineering, and that the U.S. should therefore position itself as a hub for international talent and work to influence values and norms for the conduct of research. The board also stresses the need to strengthen the domestic STEM workforce by addressing longstanding disparities.

Congress mandates that the board, which oversees NSF, biennially produce policy-neutral statistics on the national R&D enterprise, a compilation known as the Science and Engineering Indicators. Seeking to provide more timely and focused updates, in 2020 the board shifted from releasing the entire compilation at once to publishing a rolling series of thematic reports, which cover topics such as the STEM workforce, science education, the state of academic R&D, and publications output.

Universities Can Combat Misinformation By Sharing Research With the Public

Recently, universities and academics have begun to talk about open science (i.e., research practices used to enhance transparency from design to dissemination). There is a robust agenda for academia’s future, including code sharing, registered reports and accessibility.

Solicitation of Nominations for Appointment to the Safety Oversight and Certification Advisory Committee (SOCAC)

Solicitation of nominations for appointment to the Safety Oversight and Certification Advisory Committee (SOCAC).

Request for Nominations on the Technical Electronic Product Radiation Safety Standards Committee

The Food and Drug Administration (FDA or Agency) is requesting that any industry organizations interested in participating in the selection of voting industry representatives to serve on the Technical Electronic Product Radiation Safety Standards Committee in the Center for Devices and Radiological Health notify FDA in writing. FDA is also requesting nominations for voting industry representatives to serve on the Technical Electronic Product Radiation Safety Standards Committee. A nominee may either be self-nominated or nominated by an organization to serve as a voting industry representative. Nominations will be accepted for current vacancies effective with this notice.

Federal Agency: Food and Drug Administration, HHS

Comments Due: 3/18/2022

Solicitation of Nominations for Appointment to the Board of Scientific Counselors, National Institute for Occupational Safety and Health (BSC, NIOSH)

The Centers for Disease Control and Prevention (CDC) is seeking nominations for membership on the BSC, NIOSH. The BSC NIOSH consists of 15 experts in fields associated with occupational safety and health, such as occupational medicine, occupational nursing, industrial hygiene, occupational safety, engineering, toxicology, chemistry, safety and health education, ergonomics, epidemiology, biostatistics, psychology, wellness, research translation, and evaluation.

Federal Agency: Centers for Disease Control and Prevention

Comments Due: 4/15/2022

Solicitation of Nominations for Appointment to the Advisory Council for the Elimination of Tuberculosis

The Centers for Disease Control and Prevention (CDC) is seeking nominations for membership on the Advisory Council for the Elimination of Tuberculosis (ACET). The ACET consists of 10 experts including the Chair in fields associated with public health, epidemiology, immunology, infectious disease, pulmonary disease, pediatrics, tuberculosis, microbiology, and preventive health care delivery. ACET provides advice and recommendations regarding the elimination of tuberculosis (TB) to the Secretary, HHS; the Assistant Secretary for Health, HHS; and the CDC Director. ACET (a) makes recommendations on policies, strategies, objectives, and priorities; (b) addresses development and application of new technologies; (c) provides guidance and review of CDC’s TB prevention research portfolio and program priorities; and (d) reviews the extent to which progress has been made toward eliminating TB.

Federal Agency: Centers for Disease Control and Prevention

Comments Due: 5/31/2022

COVID-19 Flexibilities Related to Animal Care and Use Still in Effect? (Extramural Nexus NIH)

Yes. The flexibilities allowed by the NIH Office of Laboratory Animal Welfare are continuing due to the recent surges in the COVID-19 pandemic throughout the country and the impact on institutions’ operations.

 A new agency to accelerate biomedical science can succeed, under the right conditions (The Hill, Opinion)

The creation of a $6.5 billion Advanced Research Projects Agency for Health, also known as ARPA-H, is one of the most exciting initiatives proposed by President Biden in his full budget request to Congress for Fiscal Year 2022. ARPA-H is to be modeled after the similarly named Defense Advanced Research Projects Agency (DARPA), which has proven successful in accelerating ground-breaking, out-of-the box technologies for the military. According to the budget request, increasing direct federal spending in health will drive transformative and innovative research, as well as quicken application and implementation breakthroughs to enhance health.

 NIH issues a seismic mandate: share data publicly

In January 2023, the US National Institutes of Health (NIH) will begin requiring most of the 300,000 researchers and 2,500 institutions it funds annually to include a data-management plan in their grant applications — and to eventually make their data publicly available.

 Update on Federal Contractor and Subcontractor Vaccine Mandate

Despite recent decisions by the U.S. Supreme Court on COVID-19 vaccine mandates for large employers and health care facilities, there are still questions about the future of Executive Order (EO) 14042….At present, six federal district courts have issued injunctions against enforcement of the EO and the Task Force Guidance. While the underlying legal challenges remain pending before the federal district courts and courts of appeals, the court injunctions have stopped enforcement of the EO and Task Force Guidance, including the contractor employee vaccine

Notice of Change to NIH’s Policy on Special Council Review of Research Applications (NOT-OD-22-049)

https://grants.nih.gov/grants/guide/notice-files/NOT-OD-22-049.html

This Notice announces an update to the Special Council Review (SCR) policy in an effort to align SCR policy with updated Other Support disclosure requirements (see NOT-OD-21-169) and to increase the threshold from $1 million in direct costs, per year to $2 million in total costs (inclusive of direct and indirect), per year. This policy does not represent a cap on NIH funding.

 FY 2022 Updated Guidance: Requirement for Instruction in the Responsible Conduct of Research (NOT-OD-22-055)

By way of this Notice, the National Institutes of Health (NIH), Agency for Healthcare Research and Quality (AHRQ), and Health Resources & Services Administration (HRSA) reaffirm the principle that education in the responsible conduct of research is a fundamental element of research training and announce updates to their existing policy and guidance for such instruction. In particular, this Notice provides new recommendations on the format, frequency, and timing of instruction in the responsible conduct of research (RCR) and suggests additional topics for consideration.

Hunting and Wildlife Conservation Council Charter Renewal; Request for Nominations

The U.S. Department of the Interior (DOI) and Department of Agriculture (USDA) are renewing the charter for and seeking member nominations to the Hunting and Wildlife Conservation Council (Council). The renewed Council replaces and changes the name of the previous Hunting and Shooting Sports Conservation Council. The Secretary of the Interior and Secretary of Agriculture (Secretaries), after consultation with the General Services Administration, have renewed the Council charter for 2 years. The Council will provide recommendations to the Federal Government, through the Secretary of the Interior (Secretary) and the Secretary of Agriculture, regarding the establishment and implementation of existing and proposed policies and authorities with regard to wildlife and habitat conservation endeavors that benefit wildlife resources; encourage partnership among the public, sporting conservation organizations, and Federal, State, Tribal, and territorial governments; and benefit recreational hunting and recreational shooting sports.

Federal Agency: Fish and Wildlife Service, Interior

Comments Due: 3/7/2022

National Advisory Council

The Federal Emergency Management Agency (FEMA) requests that qualified individuals interested in serving on the FEMA National Advisory Council (NAC) apply for appointment as identified in this notice. Pursuant to the Post-Katrina Emergency Management Reform Act of 2006 (PKEMRA), the NAC advises the FEMA Administrator on all aspects of emergency management, incorporating input from and ensuring coordination with state, local, tribal, and territorial governments, and the non-governmental and private sectors. The NAC consists of up to 35 members, all of whom are experts and leaders in their respective fields. FEMA seeks to appoint individuals to 11 discipline-specific positions on the NAC and up to 3 members as Administrator Selections. If other positions open during the application and selection period, FEMA may select qualified candidates from the pool of applications.

Federal Agency: Federal Emergency Management Agency, Department of Homeland Security

Comments Due: 3/31/2022

Homeland Security Academic Advisory Council

The Secretary of Homeland Security (Secretary) is requesting senior-level individuals who are interested in serving on the Homeland Security Academic Advisory Council (HSAAC), a discretionary federal advisory committee, to apply for appointment as identified in this notice. Pursuant to the Secretary’s authority within the Homeland Security Act, this agency-led committee will be established and will operate under the provisions of the Federal Advisory Committee Act (FACA). The primary purpose of the HSAAC will be to provide advice and recommendations to the Secretary and DHS senior leadership on matters related to homeland security and the academic community.

Federal Agency: Office of Partnership and Engagement (OPE), Department of Homeland Security (DHS)

Comments Due: 2/15/2022

Federal Advisory Council on Occupational Safety and Health

The Secretary of Labor (Secretary) invites interested parties to submit nominations for individuals to serve on the Federal Advisory Council on Occupational Safety and Health (FACOSH). OSHA is extending the deadline for nominations to serve on FACOSH from January 31, 2022 to March 31, 2022.

Federal Agency: Occupational Safety and Health Administration (OSHA), Labor

Comments Due: 3/31/2022

Collaborative Forest Landscape Restoration Advisory Panel

The Collaborative Forest Landscape Restoration Advisory Panel (Panel) was renewed on January 11, 2022, to evaluate and provide recommendations on the selection of collaborative forest landscape restoration proposals to the Secretary of Agriculture (Secretary) for approval as provided in Section 8629 of the Agriculture Improvement Act of 2018. The Secretary has determined that the work of the Panel is in the public’s interest and relevant to the duties of the Department of Agriculture. Therefore, the Secretary is seeking nominations to fill vacancies on the Panel. The Panel is a statutory committee. Additional information concerning the Panel can be found by visiting the Panel’s website at: https://www.fs.fed.us/​restoration/​CFLRP/​advisory-panel.shtml.

Federal Agency: Forest Service, Agriculture (USDA)

Comments Due: 3/7/2022

Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Application Forms and Instructions for the Fulbright-Hays Seminars Abroad Program

The Department of Education (US/ED) is responsible for administering the Fulbright-Hays Seminars Abroad (SA) Program under authority of Section 102(b)(6) of the Mutual Educational and Cultural Exchange (Fulbright-Hays) Act of 1961, as amended. The program is administered under the policies established by the J. William Fulbright Foreign Scholarship Board (FSB), a 12-member body appointed by the President. US/ED recruits and recommends candidates for seminar positions abroad in accordance with FSB policies, which support the purposes of the Fulbright-Hays Act. The application is necessary in order for the Department to award funds under this program.

This is a revision of a currently approved collection. The suggested changes from the currently approved application are minor, and consist of mainly updated language to reflect improvements in clarity and minor updates to instructions. The burden of the applicants is an average of three hours for each applicant and includes the time needed to obtain references. There is no change in burden per response.

This collection is being submitted under the Streamlined Clearance Process for Discretionary Grant Information Collections (1894-0001). Therefore, the 30-day public comment period notice will be the only public comment notice published for this information collection request.

Federal Agency: Office of Postsecondary Education (OPE), Department of Education (ED)

Comments Due: 3/7/2022