Federal Register / Vol. 87, No. 9 / Thursday, January 13, 2022 / Proposed Rules 2101 

not itself directly regulate any small 

entities. 

D. Unfunded Mandates Reform Act 

(UMRA) 

This action does not contain any 

unfunded mandate of $100 million or 

more, as described in UMRA (2 U.S.C. 

1531–1538) and does not significantly 

or uniquely affect small governments. 

This action itself imposes no 

enforceable duty on any state, local, or 

tribal governments, or the private sector. 

This action proposes to determine that 

the Sullivan County Area failed to attain 

the NAAQS by the applicable 

attainment date. If finalized, this 

determination would trigger existing 

statutory timeframes for the State to 

submit SIP revisions. Such a 

determination in and of itself does not 

impose any federal intergovernmental 

mandate. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It will not have substantial 

direct effects on the states, on the 

relationship between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

F. Executive Order 13175, Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications as specified in Executive 

Order 13175. The proposed finding of 

failure to attain SO2 NAAQS does not 

apply to tribal areas, and the proposed 

rule would not impose a burden on 

Indian reservation lands or other areas 

where EPA or an Indian tribe has 

demonstrated that a tribe has 

jurisdiction. Thus, this proposed rule 

does not have tribal implications and 

will not impose substantial direct costs 

on tribal governments or preempt tribal 

law as specified by Executive Order 

13175. 

G. Executive Order 13045, Protection of 

Children From Environmental Health 

Risks and Safety Risks 

EPA interprets Executive Order 13045 

as applying only to those regulatory 

actions that concern environmental 

health or safety risks that EPA has 

reason to believe may 

disproportionately affect children, per 

the definition of ‘‘covered regulatory 

action’’ in section 2–202 of the 

Executive Order. This proposed action 

is not subject to Executive Order 13045 

because the effect of this proposed 

action, if finalized, would be to trigger 

additional planning requirements under 

the CAA. This proposed action does not 

establish an environmental standard 

intended to mitigate health or safety 

risks. 

H. Executive Order 13211, Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This proposed rule is not subject to 

Executive Order 13211, because it is not 

a significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act (NTTAA) 

This rulemaking does not involve 

technical standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

EPA believes that this action does not 

have disproportionately high and 

adverse human health or environmental 

effects on minority populations, lowincome populations and/or indigenous 

peoples, as specified in Executive Order 

12898 (59 FR 7629, February 16, 1994). 

The effect of this proposed action, if 

finalized, would be to trigger additional 

planning requirements under the CAA. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Lead, Pollution, Sulfur dioxide. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: December 29, 2021. 

Daniel Blackman, 

Regional Administrator, Region 4. 

[FR Doc. 2022–00028 Filed 1–12–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2020–0446; FRL–9398–01– 

R4] 

Air Plan Approval; KY; Jefferson 

County Emissions Statements 

Requirements for the 2015 8-Hour 

Ozone Standard Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

revision to the Jefferson County portion 

of the Kentucky State Implementation 

Plan (SIP) submitted by the 

Commonwealth of Kentucky through 

the Kentucky Division for Air Quality 

(KDAQ) to EPA on August 12, 2020. The 

proposed revision was submitted by 

KDAQ on behalf of the Louisville Metro 

Air Pollution Control District 

(LMAPCD) to address the emissions 

statement requirements for the 2015 8- 

hour ozone national ambient air quality 

standards (NAAQS) for the Jefferson 

County portion of the Louisville, 

Kentucky 2015 8-hour ozone 

nonattainment area (hereinafter referred 

to as ‘‘Jefferson County’’). Jefferson 

County is part of the Kentucky portion 

of the Louisville, Kentucky-Indiana 

2015 8-hour ozone nonattainment area 

(hereinafter referred to as ‘‘the 

Louisville, KY Area’’) which is 

comprised of Bullitt, Jefferson, and 

Oldham Counties in Kentucky. EPA will 

consider the emissions statement 

requirements for the Bullitt and Oldham 

County portions of the Louisville, KY 

Area in a separate action. This action is 

being proposed pursuant to the Clean 

Air Act (CAA or Act). 

DATES: Comments must be received on 

or before February 14, 2022. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2020–0446 at 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

EPA may publish any comment received 

to its public docket. Do not submit 

electronically any information you 

consider to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Multimedia submissions (audio, video, 

etc.) must be accompanied by a written 

comment. The written comment is 

considered the official comment and 

should include discussion of all points 

you wish to make. EPA will generally 

not consider comments or comment 

contents located outside of the primary 

submission (i.e., on the web, cloud, or 

other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

www2.epa.gov/dockets/commentingepa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Tiereny Bell, Air Regulatory 

Management Section, Air Planning and 

Implementation Branch, Air and 

Radiation Division, U.S. Environmental 

Protection Agency, Region 4, 61 Forsyth 

Street SW, Atlanta, Georgia 30303–8960. 

The telephone number is (404) 562– 

9088. Ms. Bell can also be reached via 

electronic mail at bell.tiereny@epa.gov. 

SUPPLEMENTARY INFORMATION: 


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1The Louisville, KY–IN nonattainment area for 

the 2015 8-hour ozone standard consists of the 

following counties: Bullitt County, Jefferson County 

and Oldham County in Kentucky and Clark County 

and Floyd County in Indiana. 

2The SIP Requirements Rule addresses a range of 

nonattainment area SIP requirements for the 2015 

8-hour ozone NAAQS, including requirements 

pertaining to attainment demonstrations, reasonable 

further progress, reasonably available control 

technology, reasonably available control measures, 

major new source review, emission inventories, and 

the timing of SIP submissions and compliance with 

emission control measures in the SIP. 3LMAPCD’s transmittal letter for the August 12, 

2020, SIP revision was dated August 11, 2020, and 

submitted to EPA on August 12, 2020. 

4 In the SIP revision, Kentucky states that Version 

10 of Regulation 1.06, Stationary Source SelfMonitoring, Emissions Inventory Development, and 

Reporting, satisfies the requirements of CAA section 

182(a)(3)(B) for Jefferson County. 

5EPA incorporated all of Version 9, except for 

Section 5—Emissions Statements for Toxic Air 

Contaminants and any reference to Section 5 

located in Section 3, into the SIP on August 28, 

2017. See 82 FR 40701. 

I. Background 

On October 26, 2015, EPA 

promulgated revised 8-hour primary 

and secondary ozone NAAQS, 

strengthening both from 0.075 parts per 

million (ppm) to 0.070 ppm (the 2015 8- 

hour ozone NAAQS). See 80 FR 65292. 

The 2015 8-hour ozone NAAQS is set at 

0.070 ppm based on an annual fourthhighest daily maximum 8-hour average 

concentration averaged over three years. 

Under EPA’s regulations at 40 CFR part 

50, the 2015 8-hour ozone NAAQS is 

attained when the 3-year average of the 

annual fourth-highest daily maximum 8- 

hour average ambient air quality ozone 

concentration is less than or equal to 

0.070 ppm. See 40 CFR 50.19. Ambient 

air quality monitoring data for the 3- 

year period must meet a data 

completeness requirement. The ambient 

air quality monitoring data 

completeness requirement is met when 

the average percentage of days with 

valid ambient monitoring data is greater 

than 90 percent, and no single year has 

less than 75 percent data completeness 

as determined using Appendix U of part 

50. 

Upon promulgation of a new or 

revised ozone NAAQS, the CAA 

requires EPA to designate as 

nonattainment any area that is violating 

the NAAQS based on the three most 

recent years of ambient air quality data 

at the conclusion of the designation 

process. On April 30, 2018 (effective 

August 3, 2018), EPA designated a 5- 

county area in the Louisville 

metropolitan area, including Jefferson 

County, as a marginal ozone 

nonattainment area for the 2015 8-hour 

ozone NAAQS using 2014–2016 

ambient air quality data.1 See 83 FR 

25776 (June 4, 2018). On December 6, 

2018, EPA finalized a rule titled 

‘‘Implementation of the 2015 National 

Ambient Air Quality Standards for 

Ozone: Nonattainment Area State 

Implementation Plan Requirements’’ 

(SIP Requirements Rule) that establishes 

the requirements that state, tribal, and 

local air quality management agencies 

must meet as they develop 

implementation plans for areas where 

air quality exceeds the 2015 8-hour 

ozone NAAQS.2 See 83 FR 62998 

(December 6, 2018); 40 CFR part 51, 

subpart CC. This rule establishes 

nonattainment area attainment dates 

based on Table 1 of section 181(a) of the 

CAA, including an attainment date of 

August 3, 2021, three years after the 

August 3, 2018, designation effective 

date, for areas classified as marginal for 

the 2015 8-hour ozone NAAQS. 

Ground level ozone is not emitted 

directly into the air but is created by 

chemical reactions between oxides of 

nitrogen (NOX) and volatile organic 

compounds (VOC) in the presence of 

sunlight. Emissions from industrial 

facilities and electric utilities, motor 

vehicle exhaust, gasoline vapors, and 

chemical solvents are some of the major 

sources of NOX and VOC. Section 

182(a)(3)(B) of the CAA requires states 

with ozone nonattainment areas to 

submit a SIP revision requiring annual 

emissions statements to be submitted to 

the state by the owner or operator of 

each NOX and VOC stationary source. 

However, a state may waive the 

emissions statement requirement for any 

class or category of stationary sources 

which emit less than 25 tons per year 

(tpy) of VOC or NOX if the state 

provides an inventory of emissions as 

required by CAA section 182 that 

accounts for emissions from those 

sources. See CAA section 

182(a)(3)(B)(ii). The first statement is 

due three years from the area’s 

nonattainment designation, and 

subsequent statements are due at least 

annually thereafter. 

Based on the nonattainment 

designation, Kentucky was required to 

develop a SIP revision satisfying, among 

other things, CAA section 182(a)(3)(B). 

On August 12, 2020,3 LMAPCD 

submitted a SIP revision addressing the 

emissions statement requirements 

related to the 2015 8-hour ozone 

NAAQS for Jefferson County. EPA is 

proposing to approve the August 12, 

2020, SIP submittal as meeting the 

requirements of section 182(a)(3)(B) of 

the CAA and associated federal 

regulations. EPA’s analysis of the SIP 

revision and how it addresses the 

emissions statement requirements is 

discussed in the next section of this 

notice. 

II. Analysis of the Commonwealth’s 

Submittal 

As discussed above, section 

182(a)(3)(B) of the CAA requires states 

to submit a SIP revision requiring the 

owner or operator of each NOX and VOC 

stationary source located in an ozone 

nonattainment area to submit to the 

state annual emissions statements. The 

first statement is due three years from 

the area’s nonattainment designation, 

and subsequent statements are due at 

least annually thereafter. 

The August 12, 2020, SIP 

submission 4 contains a version of 

Regulation 1.06 adopted by LMAPCD on 

May 20, 2020 (referred to as ‘‘Version 

10’’ by LMAPCD). The SIP revision 

requests that EPA incorporate Version 

10 of Regulation 1.06 into the SIP, with 

the exception of Section 5 and 

references to Section 5,5 to replace 

Version 9. Excluding changes to Section 

5 and references to Section 5 of 

Regulation 1.06, Version 10 revises 

Version 9 by making typographical 

changes to the title and the ‘‘Necessity 

and Function’’ section of Regulation 

1.06; changing of the title of Section 3 

to ‘‘Requirements for Emissions 

Statements’’; renumbering a portion of 

subsection 3.2.7 to subsection 3.3 and 

changing the newly renumbered 

subsection 3.3 by replacing references to 

Sections 4 and 5 with ‘‘in emissions 

statements’’; renumbering subsection 

3.3 to subsection 3.4 and adding ‘‘The 

District may require such additional 

information be submitted as 

necessary.’’; renumbering subsection 3.4 

to subsection 3.5 and revising the new 

subsection 3.5 to add that data required 

by Section 6 shall also be submitted on 

LMAPCD approved forms in addition to 

data required by Section 4; renumbering 

3.5 to subsection 3.6; revising 

subsection 4.3 by changing a reference 

to Section 6 to Section 7 due to a 

renumbering of those sections later in 

the regulation; insertion of a new 

Section 6 titled, ‘‘Emissions Statements 

for Ozone Precursors,’’ including the 

addition of subsection 6.1 to read: ‘‘On 

or before April 15 of each year, all 

stationary sources of oxides of nitrogen 

or volatile organic compounds shall 

submit to the District a statement of 

actual emissions of those compounds.’’; 

the addition of subsection 6.2 to read: 

‘‘Exemptions from this section:’’; the 

addition of subsection 6.2.1 to read: 

‘‘Facilities with less than 25 tons per 

year of plant-wide actual volatile 

organic compounds or oxides of 

nitrogen emissions are exempted from 


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Federal Register / Vol. 87, No. 9 / Thursday, January 13, 2022 / Proposed Rules 2103 

6On page 28 of the August 12, 2020 KDAQ 

submittal, Kentucky clarifies the meaning of section 

6.2.1 by stating ‘‘Combined emissions exceeding 25 

tpy do not prevent a source from being exempt, so 

long as actual emissions of neither pollutant when 

taken alone exceeds 25 tpy’’. 

7CAA section 182(a)(3)(A) contains a triennial 

emissions inventory requirement. 

8CAA section 172(c)(3) states, ‘‘Such plan 

provisions shall include a comprehensive, accurate, 

current inventory of actual emissions from all 

sources of the relevant pollutant or pollutants in 

such area including such periodic revisions as the 

Administrator may determine necessary to assure 

that the requirements of this part are met.’’ 

9To access EPA’s NEI, please visit: U.S. EPA, 

National Emissions Inventory (NEI), https://

www.epa.gov/air-emissions-inventories/nationalemissions-inventory-nei. 

this requirement, unless emissions of 

the other are at or above 25 tons per 

year.6 The District may require sources 

claiming this exemption to provide 

adequate information to verify actual 

emissions for the previous year.’’; the 

addition of 6.2.2 to read: ‘‘The District 

may waive this requirement for sources 

located in an area designated as 

attainment or maintenance by U.S. EPA 

for all National Ambient Air Quality 

Standards (NAAQS) for ozone.’’; the 

addition of subsection 6.3 to read: ‘‘The 

emission statements submitted by the 

source to the District shall contain (at a 

minimum) all information required by 

Section 3 of this Regulation. The 

Emissions Statement submitted under 

Section 4 may be used to satisfy the 

requirements of this section.’’; 

renumbering the former Section 6 to 

Section 7; and changing the new Section 

7 to state that the required formal 

certification by a responsible official is 

defined in Regulation 1.02 instead of 

2.16. As requested by LMAPCD, EPA is 

not acting on Section 5 or on the 

references to Section 5. 

EPA has preliminarily determined 

that the changes to Regulation 1.06 in 

the August 12, 2020, SIP revision are 

consistent with the CAA. Aside from the 

addition of Section 6, the changes 

correct typographical errors, clarify the 

rule, and expand the scope of the rule. 

The addition of Section 6 modifies the 

emissions threshold for sources to 

submit annual emissions statements for 

ozone precursors to LMAPCD and is 

approvable for the reasons discussed 

below. 

As allowed by CAA section 

182(a)(3)(B)(ii), LMAPCD waived the 

emissions statement requirements for 

stationary sources emitting less than 25 

tpy of NOX or VOC. CAA section 

182(a)(3)(B)(ii) allows a state to waive 

the application of emissions statements 

requirements to any class or category of 

stationary sources which emit less than 

25 tons per year of VOC or NOX if the 

state, in its submissions under section 

182(a)(1) or 182(a)(3)(A),7 provides an 

inventory of emissions from such class 

or category of sources, based on the use 

of the emission factors established by 

the Administrator or other methods 

acceptable to the Administrator. 

Pursuant to CAA section 182(a)(3)(A), 

Kentucky is required to submit a revised 

inventory meeting the requirements of 

section 182(a)(1) at the end of each 3- 

year period after submission of the 

inventory under section 182(a)(1) until 

the Louisville, KY Area is redesignated 

to attainment. CAA section 182(a)(1) 

requires the submission of a 

comprehensive, accurate, current 

inventory of actual emissions from all 

sources, as described in CAA section 

172(c)(3), in accordance with guidance 

provided by EPA.8 To comply with CAA 

section 182(a)(3)(A)’s requirement to 

submit periodic emissions inventories, 

LMAPCD submits NOX and VOC 

emissions data to EPA’s National 

Emissions Inventory (NEI) 9 consistent 

with 83 FR 62998, ‘‘Implementation of 

the 2015 National Ambient Air Quality 

Standards for Ozone: Nonattainment 

Area State Implementation Plan 

Requirements,’’ and 40 CFR 51.1315. 

That emissions data includes small 

stationary sources (namely, those 

emitting less than 25 tpy of NOX or 

VOC) in accordance with CAA section 

182(a)(3)(B)(ii). 

For the reasons discussed above, EPA 

has preliminarily determined that 

Jefferson County’s emissions statement 

regulation meets the requirements of the 

CAA, including section 182(a)(3)(B) and 

the SIP Requirements Rule for the 2015 

8-hour ozone NAAQS for the Jefferson 

County portion of the Louisville, 

Kentucky-Indiana Area. 

III. Incorporation by Reference 

In this document, EPA is proposing to 

include in a final rule regulatory text 

that includes incorporation by 

reference. In accordance with 

requirements of 1 CFR 51.5, EPA is 

proposing to incorporate by reference 

Louisville Metro Air Pollution Control 

District Regulation 1.06—Stationary 

Source Self-Monitoring, Emissions 

Inventory Development, and Reporting, 

Version 10, District effective on May 20, 

2020, with the exception of Section 5 

and any references to Section 5. EPA 

has made, and will continue to make, 

these materials generally available 

through www.regulations.gov and at 

EPA Region 4 office (please contact the 

person identified in the For FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

IV. Proposed Action 

EPA is proposing to approve 

Kentucky’s August 12, 2020, SIP 

revision as discussed in Section II, 

above. If this proposal is finalized, the 

text of Jefferson County Regulation 1.06 

in the SIP will reflect the version of the 

rule effective on May 20, 2020 (Version 

10) with the exception of Section 5 and 

any references to Section 5. EPA 

proposes to find that the 

Commonwealth’s submission meets the 

requirements of sections 110 and 182 of 

the CAA. 

V. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 

See 42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided they meet the criteria of the 

CAA. This action merely proposes to 

approve state law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this proposed action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 


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2104 Federal Register / Vol. 87, No. 9 / Thursday, January 13, 2022 / Proposed Rules 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

The SIP is not approved to apply on 

any Indian reservation land or in any 

other area where EPA or an Indian tribe 

has demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, the rule does not have tribal 

implications as specified by Executive 

Order 13175 (65 FR 67249, November 9, 

2000), nor will it impose substantial 

direct costs on tribal governments or 

preempt tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: December 29, 2021. 

Daniel Blackman, 

Regional Administrator, Region 4. 

[FR Doc. 2022–00027 Filed 1–12–22; 8:45 am] 

BILLING CODE 6560–50–P 

AGENCY FOR INTERNATIONAL 

DEVELOPMENT 

48 CFR Chapter 7 

RIN 0412–AA98 

U.S. Agency for International 

Development Acquisition Regulation 

(AIDAR): Revised and Expanded 

Fringe Benefits for U.S. Personal 

Services Contracts With Individuals 

AGENCY: U.S. Agency for International 

Development. 

ACTION: Proposed rule. 

SUMMARY: The U.S. Agency for 

International Development (USAID) 

seeks public comment on a proposed 

rule to revise AIDAR in order to expand 

fringe benefits for personal services 

contracts with individuals who are U.S. 

nationals (USPSCs). Specifically, this 

rulemaking will provide a paid parental 

leave benefit comparable to what is 

available to USAID’s U.S. direct-hire 

employees and provide a relocation 

expense reimbursement similar to the 

benefit provided to USAID’s direct-hire 

Foreign Service Officer (FSO) 

employees. 

DATES: Comments must be received no 

later than March 14, 2022. 

ADDRESSES: Address all comments 

concerning this proposed rule, 

identified by title of the action and 

Regulatory Information Number (RIN), 

through the Federal eRulemaking Portal 

at http://www.regulations.gov by 

following the instructions for submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: 

Richard E. Spencer, Procurement 

Analyst, by phone at 202–916–2629 or 

via email at policymailbox@usaid.gov 

for clarification of content or 

information pertaining to status or 

publication schedules. Communications 

regarding this rule must cite the rule 

title and its Regulatory Information 

Number (RIN). 

SUPPLEMENTARY INFORMATION: 

I. Submission Instructions 

Comments on this proposed rule must 

be in writing and submitted by the 

method specified in the ADDRESSES

section above. Comment submissions 

must include the title and RIN of this 

proposed rule. Please include your 

name, title, organization, postal address, 

telephone number, and email address in 

the text of the message. 

All comments will be made available 

for public review at https://

www.regulations.gov without changes, 

including the identifying information of 

the commenter, if provided. We 

recommend that commenters do not 

submit information that is considered 

confidential business information (CBI) 

or any information that is otherwise 

protected from disclosure by statute. 

USAID will only address substantive 

comments on the rule that are relevant 

and within the scope of the proposed 

rule. 

II. Background 

USAID relies heavily on the USPSC 

mechanism to advance its foreign 

assistance mission and mandate. 

Approximately ten percent of USAID’s 

total workforce is USPSCs, of which 

about half perform under contracts 

where the place of performance is a 

USAID cooperating country abroad. The 

PSC Association, an Agency employee 

resource group representing USAID 

USPSCs, raised concerns to USAID’s 

leadership about the equity of fringe 

benefits between U.S. direct-hire 

employees (USDH) and USPSCs. As a 

result, USAID has determined, as a 

matter of policy, to revise the AIDAR to 

provide the following changes as part of 

the Agency’s standard USPSC fringe 

benefits package. 

A. Paid Parental Leave 

On December 20, 2019, the President 

signed the National Defense 

Authorization Act (NDAA) for Fiscal 

Year 2020, which includes the 

provisions of the new Federal Employee 

Paid Leave Act (FEPLA), making paid 

parental leave available to certain 

categories of Federal civilian employees. 

(Pub. L. 116–92.) FEPLA amended the 

Family and Medical Leave Act (FMLA) 

provisions in Title 5, United States Code 

(U.S.C.) to provide up to 12 weeks of 

paid parental leave to covered Federal 

employees in connection with the birth 

or placement (for adoption or foster 

care) of a child occurring on or after 

October 1, 2020. Paid parental leave 

granted in connection with a qualifying 

birth or placement under FEPLA is 

substituted for unpaid FMLA leave and 

is available during the 12-month period 

following the birth or placement. This 

particular benefit does not apply to 

contractors, including personal service 

contractors, of Federal agencies. 

The Department of State (DoS) 

recently revised its policies in the 

Foreign Affairs Manual (3 FAM 9116) to 

authorize, as a matter of policy, paid 

parental leave for its USPSCs based on 

Title 1 of the Family Medical Leave Act 

(28 U.S.C. 2601). In USAID’s meetings 

with the PSC Association earlier this 

year, Agency leadership indicated its 

intention to pursue several 

improvements to benefits for USPSCs, 

including paid parental leave. 

On October 1, 2021, the USAID 

Administrator approved, as a matter of 

Agency policy, the provision of a 

similar paid parental leave benefit for 

USAID USPSCs to serve as an indicator 

of the Agency’s commitment to equity 

for USPSCs. Eligible USPSCs may be 

granted up to 12 workweeks (using the 

term ‘‘workweek’’ as described in 

appendix D, section 12, clause 4) of paid 

parental leave in connection with the 

birth of a child, or a new placement of 

a child for adoption or foster care, for 

which the USPSC assumes a parental 

role. USAID’s paid parental leave 

benefit for its USPSCs is based on (1) 

the paid parental leave benefit provided 

to certain categories of Federal civilian 

employees under the FEPLA, and (2) the 

paid parental leave benefit policy that 

the Department of State (DoS) recently 

approved for its American personal 

service contractors. 

B. Relocation Expense Benefit 

In its discussions with the Agency, 

the PSC Association raised a concern 

that ‘‘USPSCs are not eligible for the 

Foreign-Transfer Allowance (FTA) and 

Home-Service Transfer Allowances 

(HSTA) and yet incur the same costs as 

Foreign Service Officers (FSOs) when 

moving from one post of assignment to 

another.’’ The PSC Association 


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