80390 Federal Register / Vol. 89, No. 192 / Thursday, October 3, 2024 / Rules and Regulations 

placed it in the docket for this 

rulemaking. 

VIII. Executive Order Determinations 

A. Executive Order 13132, Federalism 

The FAA has analyzed this rule under 

the principles and criteria of Executive 

Order 13132. The agency has 

determined this action will not have a 

substantial direct effect on the States, or 

the relationship between the Federal 

Government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, this 

rule will not have federalism 

implications. 

B. Executive Order 13211, Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use 

The FAA analyzed this rule under 

Executive Order 13211. The agency has 

determined it is not a ‘‘significant 

energy action’’ under the executive 

order and will not be likely to have a 

significant adverse effect on the supply, 

distribution, or use of energy. 

C. Executive Order 13609, Promoting 

International Regulatory Cooperation 

Executive Order 13609 promotes 

international regulatory cooperation to 

meet shared challenges involving 

health, safety, labor, security, 

environmental, and other issues and to 

reduce, eliminate, or prevent 

unnecessary differences in regulatory 

requirements. The FAA has analyzed 

this action under the policies and 

agency responsibilities of Executive 

Order 13609 and has determined that 

this action will have no effect on 

international regulatory cooperation. 

IX. Additional Information 

A. Electronic Access 

Except for classified and controlled 

unclassified material not authorized for 

public release, all documents the FAA 

considered in developing this rule, 

including economic analyses and 

technical reports, may be accessed from 

the internet through the docket for this 

rulemaking. 

Those documents may be viewed 

online at https://www.regulations.gov 

using the docket number listed above. A 

copy of this rule will be placed in the 

docket. Electronic retrieval help and 

guidelines are available on the website. 

It is available 24 hours each day, 365 

days each year. An electronic copy of 

this document may also be downloaded 

from the Office of the Federal Register’s 

website at https://

www.federalregister.gov and the 

Government Publishing Office’s website 

at https://www.govinfo.gov. A copy may 

also be found on the FAA’s Regulations 

and Policies website at https://

www.faa.gov/regulations_policies. 

Copies may also be obtained by 

sending a request to the Federal 

Aviation Administration, Office of 

Rulemaking, ARM–1, 800 Independence 

Avenue SW, Washington, DC 20591, or 

by calling (202) 267–9677. 

B. Small Business Regulatory 

Enforcement Fairness Act 

The Small Business Regulatory 

Enforcement Fairness Act of 1996 

(SBREFA) (Pub. L. 104–121) (set forth as 

a note to 5 U.S.C. 601) requires the FAA 

to comply with small entity requests for 

information or advice about compliance 

with statutes and regulations within its 

jurisdiction. A small entity with 

questions regarding this document may 

contact its local FAA official or the 

persons listed under the FOR FURTHER

INFORMATION CONTACT heading at the 

beginning of the preamble. To find out 

more about SBREFA on the internet, 

visit http://www.faa.gov/regulations_

policies/rulemaking/sbre_act/. 

List of Subjects in 14 CFR Part 91 

Air traffic control, Aircraft, Airmen, 

Airports, Aviation safety, Freight, Iran. 

The Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends part 91 of title 14, Code of 

Federal Regulations, as follows: 

PART 91—GENERAL OPERATING AND 

FLIGHT RULES 

■ 1. The authority citation for part 91 

continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g), 40101, 

40103, 40105, 40113, 40120, 44101, 44111, 

44701, 44704, 44709, 44711, 44712, 44715, 

44716, 44717, 44722, 46306, 46315, 46316, 

46504, 46506–46507, 47122, 47508, 47528– 

47531, 47534, Pub. L. 114–190, 130 Stat. 615 

(49 U.S.C. 44703 note); articles 12 and 29 of 

the Convention on International Civil 

Aviation (61 Stat. 1180), (126 Stat. 11). 

■ 2. Amend § 91.1617 by revising 

paragraph (e) to read as follows: 

§ 91.1617 Special Federal Aviation 

Regulation No. 117—Prohibition Against 

Certain Flights in the Tehran Flight 

Information Region (FIR) (OIIX). 

* * * * * 

(e) Expiration. This SFAR will remain 

in effect until October 31, 2027. The 

FAA may amend, rescind, or extend this 

SFAR as necessary. 

Issued in Washington, DC, under the 

authority of 49 U.S.C. 106(f), 40101(d)(1), 

40105(b)(1)(A), and 44701(a)(5). 

Michael G. Whitaker, 

Administrator. 

[FR Doc. 2024–22731 Filed 10–2–24; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 49 

[Docket ID: DoD–2024–OS–0054] 

RIN 0790–AL61 

Implementation of HAVANA Act of 

2021 

AGENCY: Office of the Under Secretary of 

Defense for Personnel and Readiness 

(OUSD(P&R)), Department of Defense 

(DoD). 

ACTION: Direct final rule with request for 

comments. 

SUMMARY: This rule implements within 

DoD (the Department) amendments 

made by the Helping American Victims 

Afflicted by Neurological Attacks 

(HAVANA) Act of 2021, which provide 

authority for the Secretary of State and 

other agency heads to provide payments 

to certain individuals who have 

incurred qualifying injuries to the brain. 

This rule covers current and former DoD 

employees, and dependents of current 

or former DoD employees and is vitally 

important to those who have 

experienced such injuries. 

DATES: This rule will be effective on 

November 18, 2024 unless comments 

are received that would result in a 

contrary determination. If significant 

adverse comments are received, the 

Department will publish a timely 

withdrawal of the rule in the Federal 

Register. Comments will be accepted on 

or before November 4, 2024. 

ADDRESSES: Interested parties may 

submit comments, identified by docket 

number and/or regulatory identifier 

number (RIN) and title, by one of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Department of Defense, Office 

of the Assistant to the Secretary of 

Defense for Privacy, Civil Liberties, and 

Transparency, Regulatory Directorate, 

4800 Mark Center Drive, Attn: Mailbox 

24, Suite 08D09, Alexandria, VA 22350– 

1700. 

Instructions: All submissions received 

must include the agency name and 

docket number or RIN for this Federal 


ddrumheller on DSK120RN23PROD with RULES1
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Register document. The general policy 

for comments and other submissions 

from members of the public is to make 

these submissions available for public 

viewing at http://www.regulations.gov 

as they are received without change, 

including any personal identifiers or 

contact information. 

FOR FURTHER INFORMATION CONTACT: 

Taiwanna Smith, Director Benefits Wage 

and NAF Policy Line of Business, 

Defense Civilian Personnel Advisory 

Services, Office of the Under Secretary 

of Defense for Personnel and Readiness 

at (571) 372–1642. 

SUPPLEMENTARY INFORMATION: This rule 

is being published as a direct final rule 

and is effective 15 days after the 

comment period expires as the 

Department for good cause finds it is 

unnecessary to provide for a period of 

public comment in accordance with 5 

U.S.C. 553(b)(B). Alternatively, because 

this rule relates to the provision of a 

benefit, it is exempt from the procedural 

requirements of the Administrative 

Procedure Act. Id. 553(a)(2). However, 

the Department is seeking comment 

from interested persons on the 

provisions of this rule and will consider 

all relevant comments in any 

subsequent rulemaking. If such 

comments are received, the direct final 

rule will be withdrawn, and a proposed 

rule for comments will be published. 

This rule implements section 901(i) of 

title IX of division J of the Further 

Consolidated Appropriations Act, 2020 

(22 U.S.C. 2680b(i)). 

Purpose and Authority—§ 49.1 

In 2016, Department of State 

employees stationed in Havana, Cuba, 

began reporting a sudden onset of 

symptoms, including headaches, pain, 

nausea, disequilibrium, and hearing 

loss, in conjunction with sensory 

events. Federal agencies have called 

such incidents Anomalous Health 

Incidents (‘‘AHIs’’). Since 2016, Federal 

employees in numerous countries 

reported suspected AHIs. 

Beginning on December 20, 2019, the 

Department of State was authorized by 

statute to pay benefits to employees and 

their dependents for injuries suffered in 

the Republic of Cuba, the People’s 

Republic of China, or other foreign 

countries designated by the Secretary of 

State incurred after January 1, 2016, in 

connection with certain hostile or other 

incidents designated by the Secretary of 

State (Pub. L. 116–94, Division J, Title 

IX, section 901) (codified in 22 U.S.C. 

2680b). These benefits were limited to 

Department of State employees only 

(e.g., not including other U.S. 

Government employees under Chief of 

Mission (COM) authority). 

On January 1, 2021, this law was 

amended, authorizing other Federal 

Government agency heads (such as the 

Secretary of Defense) to provide benefits 

to their own employees under COM 

authority who suffered similar injuries. 

(Pub. L. 116–283, div. A, title XI, section 

1110). 

On October 8, 2021, the President 

signed the ‘‘Helping American Victims 

Afflicted by Neurological Attacks’’ 

(HAVANA) Act of 2021 (Pub. L. 117– 

46). The HAVANA Act amended section 

901 to authorize the heads of Federal 

Government agencies to compensate 

affected employees, former employees, 

and their dependents for qualifying 

injuries to the brain. The HAVANA Act 

amendments did not require that the 

qualifying injury occur in the Republic 

of Cuba, the People’s Republic of China, 

or another foreign country designated by 

the Secretary of State. Section 9216 of 

the James M. Inhofe National Defense 

Authorization Act for Fiscal Year 2023, 

(Pub. L. 117–263) (codified at 22 U.S.C. 

2680b(j)), provided agencies with 

authority to designate incidents 

affecting employees or dependents who 

are not under the security responsibility 

of the Secretary of State. Section 7803 

of the National Defense Authorization 

Act for Fiscal Year 2024 (Pub. L. 118– 

31) (50 U.S.C. 3519b note) generally 

requires each head of an element of the 

intelligence community to issue 

regulations and procedures, not later 

than 180 days after the effective date of 

the National Defense Authorization Act 

for Fiscal Year 2024, to implement the 

authorities in section 901(i) of title IX of 

division J of the Further Consolidated 

Appropriations Act, 2020 (22 U.S.C. 

2680b(i)) to provide payments to the 

degree that such authorities are 

applicable to the head of the element. 

This rule implements 22 U.S.C. 

2680b(i) as it applies to the Department 

of Defense. The rule only applies to 

current and former employees of the 

DoD, and their dependents as defined in 

§ 49.2 of this rule. 

On June 30, 2022, the Department of 

State published an interim final rule 

implementing 22 U.S.C. 2680b(i), with 

an effective date of August 15, 2022. 87 

FR 38981 (June 30, 2022) (codified at 22 

CFR part 135). The Department of State 

subsequently published a final rule that 

became effective on January 25, 2023. 88 

FR 4722 (Jan. 25, 2023) (codified at 22 

CFR part 135). The Department of 

Defense has independently reviewed the 

approach implemented by the 

Department of State in these rules and 

has determined that its approach is 

reasonable and well considered. 

Therefore, the Department of Defense 

will not substantially deviate from the 

definitions and process established by 

the Department of State. 

Definitions—§ 49.2 

The rule defines those who are 

eligible to receive payments: covered 

employees (including current and 

former employees) and covered 

dependents who on or after January 1, 

2016, experience a qualifying brain 

injury. A ‘‘covered employee’’ includes 

Department employees who have been 

appointed in the civil service in 

accordance with 5 U.S.C. 2105(a)(1), 

with the exception of employees paid 

from non-appropriated funds of an 

instrumentality of the United States 

under the jurisdiction of the armed 

forces who are not citizens or nationals 

of the United States. 

An employee’s family member is a 

covered dependent if, on or after 

January 1, 2016, the family member 

experiences a qualifying injury. The rule 

defines the family members who are 

eligible as certain children, parents 

residing with the employee sponsor, 

dependent siblings, and spouses. For 

the purposes of this rule, the 

Department also adopts the Department 

of State’s definition of ‘‘qualifying 

injury to the brain.’’ 22 CFR 135.2. The 

Department has determined that the 

Department of State definition is 

reasonable and well considered. The 

Department of State consulted with the 

chief medical officers at other Federal 

agencies and experts at civilian medical 

centers of excellence. There is no 

diagnostic code or criteria for AHIs in 

the International Classification of 

Diseases, Tenth Revision, Clinical 

Modification (ICD–10–CM). Because of 

the varied symptoms and still nascent 

understanding of how to test or 

otherwise screen for AHI impacts, the 

standard adopted is broadly inclusive of 

the types of injuries that have been 

reported to date. 

The definition of ‘‘qualifying injury to 

the brain’’ is based on current medical 

practices related to brain injuries. The 

individual must have: (1) an acute 

injury to the brain such as a concussion, 

a penetrating injury, or an injury as the 

consequence of an event that leads to 

permanent alterations in brain function 

as demonstrated by confirming 

correlative findings on imaging studies 

or electroencephalogram (‘‘EEG’’); (2) a 

medical diagnosis of a traumatic brain 

injury that required active medical 

treatment for 12 months or more; or (3) 

the acute onset of new, persistent, 

disabling neurologic symptoms, as 

demonstrated by confirming correlative 

findings on imaging studies, EEG, a 


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80392 Federal Register / Vol. 89, No. 192 / Thursday, October 3, 2024 / Rules and Regulations 

physical exam, or other appropriate 

testing, that required active medical 

treatment for 12 months or more. 

The first component of the definition 

of ‘‘qualifying injury to the brain’’ set 

forth in § 49.2 accounts for a variety of 

observable impacts to an individual, 

including a concussion or a penetrating 

injury or, absent either of those, 

permanent alterations in brain function 

as confirmed by a board-certified 

physician’s review of a variety of forms 

of medical imaging evidence. The goal 

with this standard is to ensure there is 

some documented evidence of impact to 

the brain, while minimally 

circumscribing what that impact entails. 

The second and third components of the 

definition in § 49.2 are intended to 

provide alternative avenues for 

demonstrating sustained, long-term 

impact to the individual. This benefit is 

intended for individuals who 

experience long-term consequences, 

potentially including an inability to 

gainfully work, as a result of a suspected 

AHI. 

The standard is consistent with that 

employed by other agencies, including 

the Department of State. A 12-month 

threshold of active medical treatment is 

indicative of a long-term injury. 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.’’ CDC, About 

Chronic Diseases, https://www.cdc.gov/ 

chronic-disease/about/index.html (last 

reviewed July 11, 2024). The 

Department notes that applicants who 

have suffered kinetic or external, 

physically caused injuries to the brain 

such as the head striking an object, the 

brain undergoing an acceleration or 

deceleration movement, or brain 

injuries from events such as a blast or 

explosion, including penetrating 

injuries, may be eligible if the injuries 

satisfy the other requirements of this 

rule. 

To be compensable, the injury must 

have occurred ‘‘in connection with war, 

insurgency, hostile act, terrorist activity, 

or other incidents designated by the 

Secretary of State,’’ and cannot have 

been ‘‘the result of the willful 

misconduct’’ of the covered individual. 

22 U.S.C. 2680b(e)(4)(A)(ii)–(iii), 

(e)(4)(B)(ii)–(iii), (i)(1)(D). The 

Department will work with an applicant 

upon the applicant’s submission of the 

Department of Defense (DD) Form 3220, 

‘‘Eligibility Questionnaire for HAVANA 

Act Payments,’’ to determine whether 

the reported incident qualifies. 

The definition of ‘‘other incident’’ is 

a new onset of physical manifestations 

that cannot otherwise be readily 

explained and that is designated under 

22 U.S.C. 2680b. The Department will 

review available information on the 

reported incident. If a physician does 

not indicate that there is a credible 

alternative explanation for the 

individual’s symptoms, and if the 

information the Department has 

regarding the incident does not provide 

a credible alternative explanation for the 

incident, that incident will be 

recommended for designation. Incidents 

for which an alternative explanation has 

been identified will not be 

recommended for designation. For 

incidents affecting employees or 

dependents who are not under the 

security responsibility of the Secretary 

of State, the Secretary of Defense will 

determine whether to designate such 

incidents. 

Eligibility for Payments by the 

Department of Defense—§ 49.3 

The Department will make available 

to its workforce information concerning 

the regulations, and the process to apply 

for compensation pursuant to 22 U.S.C. 

2680b, or ‘‘HAVANA Act payments.’’ 

Current employees, former employees, 

and dependents (as defined in this rule) 

can apply for consideration. Applicants 

will be required to provide the 

necessary documentation so the 

Department may determine whether 

they qualify for payment. The DD Form 

3220, ‘‘Eligibility Questionnaire for 

HAVANA Act Payments,’’ is the form 

associated with collecting the necessary 

evidence to submit a claim, and it will 

be available upon request with 

instructions on how to apply for a 

HAVANA Act payment. A portion of the 

form must be filled out by a qualified 

physician; the rule specifies certain 

board certification requirements for 

physicians who can evaluate a 

qualifying injury to the brain. This 

information will also be publicly 

available on the Defense Civilian 

Personnel Advisory Service website, 

https://www.dcpas.osd.mil/havana-actbenefits-program, which includes 

methods of contacting the Department 

for additional information. 

The Department of Defense has 

determined that the payment scheme set 

forth in the Department of State’s 

HAVANA Act regulations, 22 CFR 

135.3, is well reasoned and provides an 

effective means of compensating 

covered employees. Accordingly, the 

Department has adopted it for purposes 

of this rulemaking. Pursuant to this 

direct final rule, the Department, in its 

discretion, may authorize a one-time, 

non-taxable, lump sum payment based 

on Level III of the Executive Schedule. 

See 5 U.S.C. 5311 et seq. Payment 

eligibility and the amount of the 

payment will be at the Department’s 

discretion. A Base payment will be 75 

percent of Level III pay, and a Base+ 

payment will be 100 percent of Level III 

pay. The specific use of Level III of the 

Executive Schedule sets the 

compensation at the maximum annual 

salary potentially available to most of 

the Federal workforce. The Department 

believes this amount is the most it can 

reasonably compensate each applicant 

while ensuring funds for the total 

number of applicants it believes will 

likely receive payments. The payment is 

non-taxable pursuant to 22 U.S.C. 

2680b(g) and will not count as 

Supplemental Security Income (SSI) 

income in the month of receipt and from 

resources the month after receipt, if 

retained. The maximum should only be 

awarded where a condition has a 

consistent, sustained, and exceptionally 

severe impact on a victim’s quality of 

life or prevents a victim from 

successfully performing their workrelated duties. The purpose is to 

compensate individuals only for 

qualifying brain injuries that meet the 

criteria set forth in this rule. The 

following factors will be taken into 

account to determine the amount of the 

payment to be authorized: (1) the 

applicant’s responses on the eligibility 

form; (2) whether the Department of 

Labor (Office of Workers’ Compensation 

Programs) has determined that the 

applicant has no reemployment 

potential for an indefinite future, the 

Social Security Administration (‘‘SSA’’) 

has approved the applicant for Social 

Security Disability Insurance or SSI 

benefits based on disability, or (3) the 

applicant’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. 

If the applicant meets any of the 

criteria for severe impacts, the applicant 

will be eligible to receive a Base+ 

payment. Applicants whose boardcertified physician confirms that the 

definition of qualifying injury to the 

brain has been met, but who have not 

met any of the criteria for severe 

impacts, will be eligible to receive a 

Base payment. The criteria established 

for severe impacts are reflective of the 

Department’s objective of ensuring that 

the individuals most severely affected 

by 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 a larger payment. The use of the 


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Department of Labor’s or the SSA’s 

determination is to ensure that both 

Federal employees as well as their 

dependents have access to a mechanism 

for this determination. 

The Department recognizes that the 

criteria the Department of Labor and 

SSA use in their 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 

factor, that a board-certified physician 

certify that the individual requires a 

full-time caregiver for activities of daily 

living, provides an alternative 

mechanism for all individuals to meet 

the criteria. Finally, the Department 

notes that if an applicant who received 

a Base payment later meets any of the 

criteria listed for severe impacts, the 

applicant may apply for an additional 

payment that will be the difference 

between the Base and Base+ payment. 

As the payments are tied to the 

Executive Schedule payment levels, the 

amounts will change over time based on 

changes to the Federal salary schedule. 

Payments will be based on the 

Executive Schedule in effect at the time 

the payment was approved. 

While HAVANA Act payments may 

be in addition to other leave benefits, 

disability benefits, or workers’ 

compensation payments that the 

applicant may be receiving or may be 

entitled to receive that also help 

augment any loss of income, the 

Department believes this is an 

appropriate additional payment. This 

payment scheme is also consistent with 

what is being offered by other Federal 

agencies and will ensure consistency of 

HAVANA Act benefits among affected 

individuals. 

The Department notes that payments 

may only be made using amounts 

appropriated in advance specifically for 

this purpose in the relevant fiscal year. 

Therefore, payments are contingent on 

appropriated funds, and all payments 

will be paid out on a first-come, firstserve basis. 

Consultations With Department of 

State—§ 49.4 

Under the rule, the Department’s 

procedures for determining whether an 

incident has been designated under 22 

U.S.C. 2680b include, where 

appropriate, consultation with the 

Secretary of State. See 22 U.S.C. 

2680b(i)(1)(D) (cross-referencing 

subparagraph 2680b(e)(4)). 

Procedures—§ 49.5 

DoD is responsible for (1) processing 

applications by DoD employees and 

their dependents for payments pursuant 

to 22 U.S.C. 2680b(i); (2) determining or, 

as necessary, consulting with the 

Secretary of State to determine, whether 

the incident causing the injury may be 

deemed a designated incident under the 

statute, see 22 U.S.C. 2680b(j); id. 

2680b(i)(1)(D) (cross-referencing 

subparagraph 2680b(e)(4)); (3) 

determining eligibility for the benefit, 

determining the amount of the benefit, 

and processing payment of the benefit; 

and (4) notifying applicants upon 

receipt of their applications and when a 

decision has been made whether to 

authorize payment. 

The Director, Defense Civilian 

Personnel Advisory Service, is 

authorized to approve HAVANA Act 

payments to DoD employees or their 

dependents. If payment is denied, the 

applicant may direct an appeal to the 

Deputy Assistant Secretary of Defense 

for Civilian Personnel Policy within 60 

days of the notification of denial, but 

decisions on the amount of payment are 

not appealable. 

Direct Final Rule 

This rule is being published as a 

direct final rule as the Department does 

not expect to receive any significant 

adverse comments. If such comments 

are received, this direct final rule will 

be withdrawn and a proposed rule for 

comments will be published. If no such 

comments are received, this direct final 

rule will become effective 15 days after 

the comment period expires. 

For purposes of this rulemaking, a 

significant adverse comment is one that 

explains (1) why the rule is 

inappropriate, including challenges to 

the rule’s underlying premise or 

approach; or (2) why the rule will be 

ineffective or unacceptable without a 

change. In determining whether a 

significant adverse comment 

necessitates withdrawal of this direct 

final rule, the Department will consider 

whether the comment raises an issue 

serious enough to warrant a substantive 

response had it been submitted in a 

standard notice-and-comment process. 

A comment recommending an addition 

to the rule will not be considered 

significant and adverse unless the 

comment explains how this direct final 

rule would be ineffective without the 

addition. 

Regulatory Analysis 

Administrative Procedure Act 

Pursuant to section 2680b of title 22, 

United States Code, the DoD may 

provide a monetary benefit to current 

and former DoD employees and their 

dependents who have suffered a 

qualifying injury to the brain as a result 

war, insurgency, hostile act, terrorist 

activity, or other incidents designated 

by the Secretary of State or Secretary of 

Defense (for designations related to 

employees or dependents who, at the 

time of the incident, were not under the 

security responsibility of the Secretary 

of State or when operational control of 

overseas security responsibility for such 

employees or dependents had been 

delegated to the Secretary of Defense). 

The policy promulgated by this rule is 

vitally important to those who have 

experienced such injuries. This rule is 

being published as a direct final rule 

and is effective 15 days after the 

comment period expires as the 

Department for good cause finds it is 

unnecessary to provide for a period of 

public comment. 5 U.S.C. 553(b)(B). 

Alternatively, because this rule relates 

to the provision of a benefit, it is exempt 

from the procedural requirements of the 

Administrative Procedure Act. Id. 

553(a)(2). However, the Department is 

seeking comment from interested 

persons on the provisions of this rule 

and will consider all relevant comments 

in any subsequent rulemaking. 

Congressional Review Act 

The Office of Information and 

Regulatory Affairs has determined that 

this rule does not meet the criteria set 

forth 5 U.S.C. 804(2) for the purposes of 

Congressional review of agency 

rulemaking under the Small Business 

Regulatory Enforcement Fairness Act of 

1996 (5 U.S.C. 801–808). 

Unfunded Mandates Reform Act of 1995 

This rule will not result in the 

expenditure by State, local, or tribal 

governments, in the aggregate, or by the 

private sector, of $100 million in any 

year; and it will not significantly or 

uniquely affect small governments. 

Therefore, no actions were deemed 

necessary under the provisions of the 

Unfunded Mandates Reform Act of 

1995. 

Executive Order 13175—Consultation 

and Coordination With Indian Tribal 

Governments 

The Department has determined that 

this rulemaking will not have tribal 

implications, will not impose 

substantial direct compliance costs on 

Indian tribal governments, and will not 

pre-empt tribal law. Accordingly, the 

requirements of Executive Order 13175 

do not apply to this rulemaking. 

Regulatory Flexibility Act: Small 

Business 

The Under Secretary of Defense for 

Personnel and Readiness (USD(P&R)) 

certifies that this rulemaking will not 


ddrumheller on DSK120RN23PROD with RULES1
80394 Federal Register / Vol. 89, No. 192 / Thursday, October 3, 2024 / Rules and Regulations 

have an impact on a substantial number 

of small entities. A regulatory flexibility 

analysis is not required under the 

Regulatory Flexibility Act (5 U.S.C. 601, 

et seq.). 

Executive Order 12866 (as Amended by 

Executive Order 14094) and Executive 

Order 13563 

The Department of Defense has 

provided this direct final rule to the 

Office of Management and Budget 

(OMB) for its review. OMB has 

designated this rule as a ‘‘significant’’ 

regulatory action under Executive Order 

12866, as amended. 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 number of 

individuals affected. For fiscal year (FY) 

2025, the Department estimates it will 

pay up to $4 million in total. After FY 

2025, the Department estimates it will 

pay up to $3 million each fiscal year. 

The Department has also reviewed the 

rule to ensure its consistency with the 

regulatory philosophy and principles set 

forth in Executive Order 12866, 

Executive Order 13563, and Executive 

Order 14094, 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, which are minimal. 

Executive Order 12988 

The Department of Defense has 

reviewed this rule in light of Executive 

Order 12988 to eliminate ambiguity, 

minimize litigation, establish clear legal 

standards, and reduce burden. 

Executive Orders 12372 and 13132 

This rule will not have substantial 

direct effect on the states, on the 

relationships between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, in 

accordance with Executive Order 13132, 

it is determined that this rule does not 

have sufficient federalism implications 

to require consultations or warrant the 

preparation of a federalism summary 

impact statement. Executive Order 

12372, regarding intergovernmental 

consultation on federal programs and 

activities does not apply to this 

regulation. 

Paperwork Reduction Act 

This rule imposes reporting and/or 

recordkeeping requirements under the 

Paperwork Reduction Act of 1995. DoD 

has submitted for OMB review and 

approval the following information 

collection—Eligibility Questionnaire for 

HAVANA Act Payments. To review this 

collection, including all background 

materials, please visit https://

www.reginfo.gov/public/do/PRAMain 

and use the search function to enter the 

title of the collection. 

List of Subjects in 32 CFR Part 49 

Government employees; Federal 

retirees; Health care. 

■ Accordingly, for the reasons stated in 

the preamble, the Department of 

Defense adds 32 CFR part 49 to read as 

follows: 

PART 49—IMPLEMENTATION OF THE 

HAVANA ACT OF 2021 

Sec. 

49.1 Purpose and authority. 

49.2 Definitions. 

49.3 Eligibility for payments by the 

Department of Defense. 

49.4 Consultation with Department of State. 

49.5 Procedures. 

Authority: 5 U.S.C. 301; Pub. L. 117–46, 

135 STAT. 391; 22 U.S.C. 2680b. 

§ 49.1 Purpose and authority. 

(a) Under 22 U.S.C. 2680b(i), the 

Secretary of Defense may provide a 

payment for a qualifying injury to the 

brain to a covered employee or covered 

dependent, as defined in this part, who 

incurred a qualifying injury to the brain 

on or after January 1, 2016. The 

authority to provide such payments is at 

the discretion of the Secretary of 

Defense or the Secretary’s designees. 

(b) These regulations are issued in 

accordance with 22 U.S.C. 2680b(i)(4) 

and apply to covered employees of the 

Department of Defense (current and 

former employees) and covered 

dependents. 

§ 49.2 Definitions. 

For purposes of this part, the 

following definitions apply: 

Covered dependent. A family 

member, as defined in this section, of a 

current or former employee of the 

Department of Defense who, on or after 

January 1, 2016, accompanies the 

employee, while an employee of the 

Department, to an assigned duty 

location and becomes injured by reason 

of a qualifying injury to the brain. 

Covered employee. A current or 

former employee of the Department of 

Defense who, on or after January 1, 

2016, becomes injured by reason of a 

qualifying injury incurred while an 

employee of the Department of Defense. 

Employee. For purposes of this part, 

‘‘employee’’ means an individual who 

has been appointed to a position in the 

civil service in accordance with 5 U.S.C. 

2104(a)(1) or 5 U.S.C. 2105(a)(1), with 

the exception of employees paid from 

non-appropriated funds of an 

instrumentality of the United States 

under the jurisdiction of the armed 

forces who are not a citizen or national 

of the United States. 

Family member. for the purposes of 

determining ‘‘covered dependent’’, a 

family member is defined as follows: 

(1) Children who at the time of the 

injury are unmarried and under 21 years 

of age or, regardless of age, are 

unmarried and due to mental and/or 

physical limitations are incapable of 

self-support. The term ‘‘children’’ 

includes natural offspring, stepchildren, adopted children, and those 

under permanent legal guardianship, or 

comparable permanent custody 

arrangement, of the employee, spouse or 

domestic partner as defined in 5 CFR 

875.101 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) Siblings (including stepsiblings, or 

adoptive siblings) of the employee, or 

the spouse when at the time of the 

injury such siblings were at least 51 

percent dependent on the employee for 

support, unmarried and under 21 years 

of age, or regardless of age, were 

physically and/or mentally incapable of 

self-support; 

(3) Parents (including stepparents and 

legally adoptive parents) of the 

employee or of the spouse or of the 

domestic partner as defined in 5 CFR 

875.101, when normally residing with 

the employee at the time of the injury; 

and 

(4) Spouse or domestic partner (as 

defined in 5 CFR 875.01) at the time of 

the injury. 

Other incident. A new onset of 

physical manifestations that cannot 

otherwise be readily explained and that 

is designated under 22 U.S.C. 2680b. 

Qualifying injury to the brain. An 

injury to the brain that occurred in 

connection with war, insurgency, 

hostile act, terrorist activity, or other 

incidents designated under 22 U.S.C. 

2680b, and that was not the result of the 

willful misconduct of the covered 

employee or covered dependent. 

(1) The individual must have an acute 

injury to the brain such as, but not 

limited to, a concussion, penetrating 

injury, or as a consequence of an event 

that leads to permanent alterations in 

brain function as demonstrated by 

confirming correlative findings on 

imaging studies (to include computed 


ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 89, No. 192 / Thursday, October 3, 2024 / Rules and Regulations 80395 

tomography scan (CT) or magnetic 

resonance imaging scan (MRI)) or 

electroencephalogram (EEG); or 

(2) A medical diagnosis of a traumatic 

brain injury (TBI) that required active 

medical treatment for 12 months or 

more; or 

(3) 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. 

§ 49.3 Eligibility for payments by the 

Department of Defense. 

(a) The Department may provide a 

payment to covered employees as 

defined in this part, 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 Osteopathic Board of Physical 

Medicine and Rehabilitation 

(AOBPMR); occurred on or after January 

1, 2016; and occurred while the 

employee or former employee was a 

covered employee of the Department. 

(b) The Department 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 

AOBPMR; occurred on or after January 

1, 2016; and occurred while the covered 

dependent accompanied an employee of 

the Department at an assigned duty 

location. 

(c) Payment for a qualifying injury to 

the brain will be a non-taxable, one-time 

lump sum payment unless a second 

payment is authorized under paragraph 

(d)(4) of this section. 

(d) The amount of payment is at the 

Department’s discretion. The 

Department will determine the amount 

paid to each eligible person based on 

the following factors: 

(1) The responses on; DD Form 3220, 

‘‘Eligibility Questionnaire for HAVANA 

Act Payments’’; and 

(2) Whether the Department of Labor 

(Workers’ Compensation) has 

determined that the requester has no 

reemployment potential for an 

indefinite future; or the Social Security 

Administration has approved the 

requester for Social Security Disability 

Insurance or Supplemental Security 

Income (SSI) for a disability; or a 

neurologist or physician certified by the 

ABPN, AOBNP, ABPMR, or AOBPMR 

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 

Level III of the Senior Executive 

Schedule of the year in which the 

request for payment is approved: Base 

will be 75 percent of Level III pay, and 

Base Plus will be 100 percent of Level 

III pay. 

(4) If the requester meets any of the 

criteria listed in paragraph (d)(2) of this 

section, the requester will be eligible to 

receive a Base Plus payment. Requesters 

whose board-certified physicians 

confirm that the definition of 

‘‘qualifying injury to the brain’’ has been 

met but has not met any of the criteria 

listed in paragraph (d)(2), will be 

eligible to receive a Base payment. If a 

requester who received a Base payment 

later meets any of the criteria listed in 

paragraph (d)(2), the requester may 

apply for an additional payment that 

will be the difference between the Base 

and Base Plus payment. 

§ 49.4 Consultation with Department of 

State. 

When a covered employee or covered 

dependent seeks payment for an 

incident that occurred overseas under 

Secretary of State security 

responsibility, the Department will 

coordinate with the Department of State 

as appropriate in evaluating whether the 

incident is an ‘‘other incident’’ for 

purposes of establishing a qualifying 

injury or should be so designated. 

§ 49.5 Procedures. 

(a) Application. (1) A covered 

employee or covered dependent may 

apply for a HAVANA Act payment if the 

covered individual has sustained a 

qualifying injury to the brain on or after 

January 1, 2016. To apply for the 

benefit, the applicant must submit the 

DD Form 3220, ‘‘Eligibility 

Questionnaire for HAVANA Act 

Payments,’’ claim form to the 

appropriate email address set forth in 

paragraph (a)(2) of this section. The 

claim form must be completed by a 

person eligible to file a claim, or by that 

person’s legal guardian, a family 

member, or another individual 

authorized to act on behalf of the 

requestor and must be signed by a 

currently certified physician as listed in 

§ 49.3(a). 

(2) The claim form and any additional 

documentation must be emailed to the 

following address: dodhra.mcalex.dcpas.mbx.dod-havana-act@

mail.mil. 

(3) The applicant must furnish 

additional documentation upon request 

provided that the applicant has access 

to such additional documentation. 

(4) Copies of the claim form, as well 

as the regulations and other 

information, may be obtained on the 

Defense Civilian Personnel Advisory 

Service website, https://

www.dcpas.osd.mil/havana-actbenefits-program. 

(b) Other incident. The Department 

will determine whether a covered 

employee or covered dependent has a 

qualifying injury to the brain as set forth 

in § 49.2(f)(2), and whether the incident 

causing the injury was in connection 

with war, insurgency, hostile act, or 

terrorist activity. The Department will, 

as appropriate or necessary, designate 

‘‘other incidents’’ under 22 U.S.C. 

2680b(j) for employees and dependents 

who were not, at the time of the 

incident, under the security 

responsibility of the Secretary of State 

or when operational control of overseas 

security responsibility for such 

employees or dependents was delegated 

to the Secretary of Defense. The 

Department will, as appropriate or 

necessary, make a recommendation to 

the Secretary of State that the incident 

should be deemed an ‘‘other incident 

designated by the Secretary of State’’ for 

purposes of 22 U.S.C. 2680b(i)(1)(D) 

(cross-referencing subparagraph 

2680b(e)(4)) for incidents affecting 

employees or dependents who were, at 

the time of the incident, under the 

security responsibility of the Secretary 

of State. 

(c) Decisions. For covered employees 

and covered dependents, the Director, 

Defense Civilian Personnel Advisory 

Service, in their discretion may approve 

payments pursuant to 22 U.S.C. 

2680b(i). 

(d) Appeals. In the event of a decision 

to deny an application for payment 

under the HAVANA Act, the 

Department will notify the applicant in 

writing. Applicants may direct an 

appeal via the DoD HAVANA Act 

mailbox, dodhra.mcalex.dcpas.mbx.dod-havana-act@

mail.mil, to the Deputy Assistant 

Secretary of Defense for Civilian 

Personnel Policy, within 60 days of the 

date of the notification of the denial. 

However, decisions concerning the 

amount paid are not subject to appeal. 

The Department will notify the 


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80396 Federal Register / Vol. 89, No. 192 / Thursday, October 3, 2024 / Rules and Regulations 

applicant in writing of the decision on 

appeal. 

Patricia L. Toppings, 

OSD Federal Register Liaison Officer, 

Department of Defense. 

[FR Doc. 2024–22795 Filed 10–2–24; 8:45 am] 

BILLING CODE 6001–FR–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2024–0813] 

Regulated Area; San Francisco Bay 

Navy Fleet Week Parade of Ships and 

Blue Angels Demonstration, San 

Francisco, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Notification of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

the regulated areas in the navigable 

waters of the San Francisco Bay for the 

San Francisco Bay Navy Fleet Week 

Parade of Ships and Blue Angels survey 

flight and demonstration days from 

October 10 through October 13, 2024. 

This action is necessary to ensure the 

safety of event participants and 

spectators. During the enforcement 

period, unauthorized persons or vessels 

are prohibited from entering into, 

transiting through, or anchoring in the 

regulated area unless authorized by the 

Patrol Commander (PATCOM). This 

notification of enforcement (NOE) 

announces the dates and times for 

enforcement. 

DATES: The regulations in 33 CFR 

100.1105 will be enforced from noon 

until 5 p.m. on October 10, 2024; from 

10 a.m. until 5 p.m. on October 11, 

2024; and from noon until 5 p.m. on 

October 12, 2024, and October 13, 2024, 

for the regulated areas as identified in 

the SUPPLEMENTARY INFORMATION section 

below for the dates and times specified. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this 

notification of enforcement, call or 

email Lieutenant William Harris, Coast 

Guard Sector San Francisco, Waterways 

Management Division; telephone (415) 

399–7443, email SFWaterways@

uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the regulated areas 

for the annual San Francisco Bay Navy 

Fleet Week Parade of Ships and Blue 

Angels survey flight and demonstration 

days in 33 CFR 100.1105. This NOE 

announces the dates and times that the 

regulated areas will be enforced daily on 

October 10, 2024, through October 13, 

2024, as described in the following 

paragraphs. 

The regulated area ‘‘Alpha’’ in 

§ 100.1105(b)(1) for the Navy Parade of 

Ships will be enforced from 10 a.m. 

until noon on October 11, 2024. The 

regulated area ‘‘Bravo’’ in 

§ 100.1105(b)(2) for the U.S. Navy Blue 

Angels Activities will be enforced from 

noon until 5 p.m. daily from October 10, 

2024, through October 13, 2024. 

Regulated area ‘‘Alpha’’ will be 

enforced during the Navy Parade of 

Ships and is bounded by a line 

connecting the following points and 

thence along shore to the point of 

beginning: 

Latitude Longitude 

37°48′40′′ N 122°28′38′′ W 

37°49′10′′ N 122°28′41′′ W 

37°49′31′′ N 122°25′18′′ W 

37°49′06′′ N 122°24′08′′ W 

37°47′53′′ N 122°22′42′′ W 

37°46′00′′ N 122°22′00′′ W 

37°46′00′′ N 122°23′07′′ W 

Under the provisions of 33 CFR 

100.1105, except for persons or vessels 

authorized by the PATCOM, in 

regulated area ‘‘Alpha’’ no person or 

vessels may enter the parade route or 

remain within 500 yards of any Navy 

parade vessel. No person or vessels shall 

anchor, block, loiter in, or impede the 

through transit of ship parade 

participants or official patrol vessels in 

regulated area ‘‘Alpha.’’ 

Regulated area ‘‘Bravo’’ will be 

enforced during the U.S. Navy Blue 

Angels Demonstration and is bounded 

by a line connecting the following 

points: 

Latitude Longitude 

37°48′27.5′′ N 122°24′04′′ W 

37°49′31′′ N 122°24′18′′ W 

37°49′00′′ N 122°27′52′′ W 

37°48′19′′ N 122°27′40′′ W 

Except for persons or vessels 

authorized by the PATCOM, no person 

or vessel may enter or remain within 

regulated area ‘‘Bravo.’’ 

When hailed or signaled by U.S. Coast 

Guard patrol personnel by siren, radio, 

flashing light, or other means, a person 

or vessel shall come to an immediate 

stop. Persons or vessels shall comply 

with all directions given; failure to do 

so may result in expulsion from the 

area, citation for failure to comply, or 

both. The Coast Guard may be assisted 

by other Federal, State, or local law 

enforcement agencies in enforcing this 

regulation. The PATCOM shall be 

designated by the Captain of the Port 

(COTP) San Francisco. The PATCOM is 

empowered to forbid and control the 

movement of all vessels in the regulated 

areas. 

In addition to this notification of 

enforcement in the Federal Register, the 

Coast Guard plans to provide 

notification of this enforcement period 

via the Local Notice to Mariners. 

Dated: September 26, 2024. 

Jordan M. Baldueza, 

Captain, U.S. Coast Guard, Captain of the 

Port San Francisco. 

[FR Doc. 2024–22804 Filed 10–2–24; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2024–0646] 

RIN 1625–AA00 

Safety Zone; Pacific Ocean, 

Huntington Beach, California 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The U.S. Coast Guard is 

establishing a safety zone offshore of 

Huntington Beach, CA in support of the 

Pacific Airshow. This action is 

necessary to provide for the safety of life 

on these navigable waters in the area of 

air and water demonstrations and to 

protect the high concentration of people 

attending the event. This regulation 

prohibits vessels from entering into, 

transiting through, or remaining within 

the designated area unless specifically 

authorized by the Captain of the Port, 

Los Angeles-Long Beach (COTP), or a 

designated representative. 

DATES: This rule is effective without 

actual notice from October 3, 2024 

through 5 p.m. on October 6, 2024. For 

the purposes of enforcement actual 

notice will be used from 9:30 a.m. on 

October 1, 2024, through October 3, 

2024. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2024– 

0646 in the search box and click 

‘‘Search.’’ Next, in the Document Type 

column, select ‘‘Supporting & Related 

Material.’’ 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this rule, call 

or email LCDR Kevin Kinsella, U.S. 


ddrumheller on DSK120RN23PROD with RULES1