Federal Register / Vol. 87, No. 125 / Thursday, June 30, 2022 / Rules and Regulations 38985 

Qualifying injury to the brain. (1) The 

injury must have occurred in 

connection with war, insurgency, 

hostile act, terrorist activity, or other 

incidents designated by the Secretary of 

State, and that was not the result of the 

willful misconduct of the covered 

individual; and 

(2) The individual must have: 

(i) An acute injury to the brain such 

as, but not limited to, a concussion, 

penetrating injury, or as the 

consequence of an event that leads to 

permanent alterations in brain function 

as demonstrated by confirming 

correlative findings on imaging studies 

(to include computed tomography scan 

(CT), or magnetic resonance imaging 

scan (MRI)), or electroencephalogram 

(EEG); 

(ii) A medical diagnosis of a traumatic 

brain injury (TBI) that required active 

medical treatment for 12 months or 

more; or 

(iii) Acute onset of new persistent, 

disabling neurologic symptoms as 

demonstrated by confirming correlative 

findings on imaging studies (to include 

CT, MRI), EEG, physical exam, or other 

appropriate testing, and that required 

active medical treatment for 12 months 

or more. 

Other incident: A new onset of 

physical manifestations that cannot 

otherwise be readily explained. 

§ 135.3 Eligibility for payments by the 

Department of State. 

(a) The Department of State may 

provide a payment to covered 

individuals, as defined herein, if the 

qualifying injury to the brain was 

assessed and diagnosed in person by a 

currently board-certified neurologist 

from the American Board of Psychiatry 

and Neurology (ABPN), occurred on or 

after January 1, 2016, and while the 

individual was a covered employee of 

the Department. 

(b) The Department of State may 

provide a payment to covered 

employees, as defined herein, if the 

qualifying injury to the brain was 

assessed and diagnosed in person by a 

currently board-certified neurologist 

from the American Board of Psychiatry 

and Neurology (ABPN), occurred on or 

after January 1, 2016, and while the 

employee was a covered employee of 

the Department. 

(c) The Department of State 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 

neurologist from the American Board of 

Psychiatry and Neurology (ABPN), 

occurred on or after January 1, 2016, 

and the dependent’s sponsor was a 

covered employee of the Department at 

the time of the dependent’s injury. 

(d) Payment for a qualifying injury to 

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

lump sum payment. 

(e) The Department will determine the 

amount paid to each eligible person 

based on the following factors: 

(1) The responses on the DS–4316, 

‘‘Eligibility Questionnaire for HAVANA 

Act Payments’’; and 

(2) Whether the Department of Labor 

(Workers’ Compensation) has 

determined that the requestor has no 

reemployment potential, or the Social 

Security Administration has approved 

the requestor for Social Security 

Disability Insurance, or the requestor’s 

ABPN-certified neurologist 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: Base will be 75 percent of 

Level III pay, and Base+ will be 100 

percent of Level III pay. If the requestor 

meets any of the criteria listed in 

paragraph (e)(2) of this section, the 

requestor will be eligible to receive a 

Base+ payment. Requestors whose 

neurologists confirm that the definition 

of ‘‘qualifying injury to the brain’’ has 

been met but have not met any of the 

criteria listed paragraph (e)(2) of this 

section, will be eligible to receive a Base 

payment. If a requestor who received a 

Base payment later s meets any of the 

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

section, the requestor may apply for an 

additional payment that will be the 

difference between the Base and Base+ 

payment. 

(f) The Under Secretary of State for 

Management may approve payments 

under the rule. The Bureau of Global 

Talent Management (GTM) will notify 

individuals of the decision in writing. 

(g) An appeal of a decision made by 

the Under Secretary of State for 

Management may be directed to the 

Deputy Secretary of State for 

Management and Resources in writing. 

The Deputy Secretary of State for 

Management and Resources is the final 

appeal authority. GTM will notify 

individuals of the decision in writing. 

§ 135.4 Consultation with other agencies. 

(a) The Department of State will, to 

the extent possible, consult with the 

appropriate officials in other federal 

agencies to identify their current and 

former covered employees, and current 

and former dependents who reported an 

anomalous health incident while 

working under Chief of Mission 

authority. This consultation is solely to 

assist the other agencies in determining 

who might be initially eligible for 

payment under the HAVANA Act. The 

Department of State will not process 

payment for employees, former 

employees, or dependents of current or 

former employees of other agencies. 

(b) Under the HAVANA Act, the 

heads of other employing federal 

agencies are responsible for prescribing 

regulations to carry out the HAVANA 

Act, including regulations for approving 

any payment. 

Kevin E. Bryant, 

Deputy Director, Office of Directives 

Management, U.S. Department of State. 

[FR Doc. 2022–13887 Filed 6–29–22; 8:45 am] 

BILLING CODE 4710–10–P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

29 CFR Part 1926 

Safety and Health Regulations for 

Construction—Lead 

AGENCY: Occupational Safety and Health 

Administration (OSHA), Labor. 

ACTION: Correcting amendment. 

SUMMARY: OSHA is issuing a correcting 

amendment to the OSHA lead standard 

for construction to correct the 

inadvertent removal of regulatory text 

resulting from a notice of correcting 

amendments issued February 18, 2020. 

DATES: Effective June 30, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Press inquiries: Frank Meilinger, 

Director, OSHA Office of 

Communications; telephone: (202) 693– 

1999; email: meilinger.francis2@dol.gov. 

General and technical information: 

Tiffany DeFoe, Director, Office of 

Chemical Hazards-Metals, OSHA 

Directorate of Standards and Guidance; 

telephone: (202) 693–1950; email: 

defoe.tiffany@dol.gov. 

SUPPLEMENTARY INFORMATION: 

I. Summary and Explanation 

Safety and Health Regulations for 

Construction—Lead (§ 1926.62) 

OSHA is correcting 29 CFR 1926.62 to 

restore regulatory text that was 

inadvertently removed from the OSHA 

lead standard for construction by 

amendments published on February 18, 

2020 (85 FR 8726, 8735). This action is 

to reinstate the omitted regulatory text 

and restore the OSHA lead standard for 

construction to its correct version. The 

agency is issuing this notice to restore 


jspears on DSK121TN23PROD with RULES1
38986 Federal Register / Vol. 87, No. 125 / Thursday, June 30, 2022 / Rules and Regulations 

regulatory text at paragraph § 1926.62 

(d)(2)(iv). 

On February 18, 2020, OSHA 

corrected typographical errors, 

including extraneous or omitted 

materials and inaccurate graphics, in 27 

OSHA standards and regulations. In one 

of these corrections under Subpart D— 

Occupational Health and Environmental 

Controls, Lead, OSHA amended 

paragraphs 1926.62(d)(2)(iii) and (iv) by 

replacing the outdated references to 

‘‘Table 1 of this section’’ with the 

correct references to ‘‘paragraph (f) of 

this section,’’ as Table 1 no longer 

existed (see 85 FR at 8728). 

These corrections resulted in the 

inadvertent removal of the list of tasks 

at the end of paragraph (d)(2)(iv). OSHA 

is correcting 29 CFR 1926.62 to restore 

this list. 

II. Exemption From Notice and 

Comment Procedures 

OSHA has determined this correction 

is not subject to the procedures for 

public notice and comment specified in 

Section 4 of the Administrative 

Procedure Act (5 U.S.C. 553), and 

Section 6(b) of the Occupational Safety 

and Health Act of 1970 (29 U.S.C. 

655(b)). This rulemaking only reinstates 

the inadvertent removal of four lines of 

regulatory text. The text that was 

removed was originally promulgated as 

part of an interim final rule mandated 

by Title X of the Housing and 

Community Development Act of 1992 

(Pub. L. 102–550) and was included in 

§ 1926.62(d)(2)(iv) for more than 25 

years until its inadvertent deletion. No 

stakeholder is likely to object to this 

correction. Therefore, the agency finds 

good cause, in accordance with 29 CFR 

1911.5 and 5 U.S.C. 553(b)(3)(B), that 

public notice and comment are 

unnecessary under 5 U.S.C. 553(b) and 

29 U.S.C. 655(b). 

III. State Plans 

When federal OSHA promulgates a 

new standard or more stringent 

amendment to an existing standard, the 

states and U.S. Territories with their 

own OSHA-approved occupational 

safety and health plans (State Plans) 

must promulgate a state standard 

adopting such new federal standard or 

more stringent amendment to an 

existing federal standard, or an at least 

as effective equivalent thereof, within 

six months of promulgation of the new 

federal standard or amendment. The 

state may demonstrate that a standard 

change is not necessary if the state 

standard is already the same or at least 

as effective as the federal standard 

change. 

Of the 28 states and territories with 

OSHA-approved State Plans, 22 cover 

public and private-sector employees: 

Alaska, Arizona, California, Hawaii, 

Indiana, Iowa, Kentucky, Maryland, 

Michigan, Minnesota, Nevada, New 

Mexico, North Carolina, Oregon, Puerto 

Rico, South Carolina, Tennessee, Utah, 

Vermont, Virginia, Washington, and 

Wyoming. The remaining six states and 

territories cover only state and local 

government employees: Connecticut, 

Illinois, Maine, New Jersey, New York, 

and the Virgin Islands. 

OSHA concludes this correcting 

amendment restores inadvertently 

removed regulatory text which contains 

protections afforded employees under 

this standard for more than 25 years. 

Therefore, OSHA has determined that, 

within six months of the rule’s 

promulgation date, State Plans must 

review their state standards and adopt 

this correction, unless the State Plans 

demonstrate that such amendment is 

not necessary, either because their 

existing standards continue to include 

the language that was inadvertently 

removed from the federal standard or 

because they have adopted different 

standards that are at least as effective as 

the reinstated federal provisions. 

Authority and Signature 

James Frederick, Deputy Assistant 

Secretary of Labor for Occupational 

Safety and Health, U.S. Department of 

Labor, 200 Constitution Avenue NW, 

Washington, DC 20210, authorized the 

preparation of this notice pursuant to 

Sections 4, 6, and 8 of the Occupational 

Safety and Health Act of 1970 (29 U.S.C. 

653, 655, and 657); Secretary of Labor’s 

Order 8–2020 (85 FR 58393 (Sept. 18, 

2020)); 29 CFR part 1911; and 5 U.S.C. 

553. 

James Frederick, 

Deputy Assistant Secretary of Labor for 

Occupational Safety and Health. 

Accordingly, OSHA is correcting 29 

CFR part 1926 with the following 

amendment: 

PART 1926—OCCUPATIONAL SAFETY 

AND HEALTH REGULATIONS FOR 

CONSTRUCTION 

■ 1. The authority citation for subpart D 

is revised to read as follows: 

Authority: 40 U.S.C. 3704; 29 U.S.C. 653, 

655, and 657; and Secretary of Labor’s Order 

No. 12–71 (36 FR 8754), 8–76 (41 FR 25059), 

9–83 (48 FR 35736), 1–90 (55 FR 9033), 6– 

96 (62 FR 111), 3–2000 (65 FR 50017), 5– 

2002 (67 FR 65008), 5–2007 (72 FR 31159), 

4–2010 (75 FR 55355), 1–2012 (77 FR 3912), 

or 8–2020 (85 FR 58393), as applicable; and 

29 CFR part 1911. 

Sections 1926.59, 1926.60, and 1926.65 

also issued under 5 U.S.C. 553 and 29 CFR 

part 1911. 

Section 1926.61 also issued under 49 

U.S.C. 1801–1819 and 5 U.S.C. 553. 

Section 1926.62 also issued under sec. 

1031, Public Law 102–550, 106 Stat. 3672 (42 

U.S.C. 4853). 

Section 1926.65 also issued under sec. 126, 

Public Law 99–499, 100 Stat. 1614 (reprinted 

at 29 U.S.C.A. 655 Note) and 5 U.S.C. 553. 

■ 2. Amend § 1926.62 by revising 

paragraph (d)(2)(iv) to read as follows: 

§ 1926.62 Lead. 

* * * * * 

(d) * * * 

(2) * * * 

(iv) With respect to the tasks listed in 

this paragraph (d)(2)(iv), where lead is 

present, until the employer performs an 

employee exposure assessment as 

required in this paragraph (d) and 

documents that the employee 

performing any of the listed tasks is not 

exposed to lead in excess of 2,500 mg/ 

m3 (50×PEL), the employer shall treat 

the employee as if the employee were 

exposed to lead in excess of 2,500 mg/ 

m3 and shall implement employee 

protective measures as prescribed in 

paragraph (d)(2)(v) of this section. 

Where the employer does establish that 

the employee is exposed to levels of 

lead below 2,500 mg/m3, the employer 

may provide the exposed employee with 

the appropriate respirator prescribed for 

use at such lower exposures, in 

accordance with paragraph (f) of this 

section. Interim protection as described 

in this paragraph is required where lead 

containing coatings or paint are present 

on structures when performing: 

(A) Abrasive blasting, 

(B) Welding, 

(C) Cutting, and 

(D) Torch burning. 

* * * * * 

[FR Doc. 2022–13907 Filed 6–29–22; 8:45 am] 

BILLING CODE 4510–26–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2022–0542] 

Safety Zones; Delaware River; DRWC 

Fireworks; Penn’s Landing 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

the Penn’s Landing, Delaware River, 


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