8186 Federal Register / Vol. 87, No. 30 / Monday, February 14, 2022 / Rules and Regulations 

2 Cybersecurity research and vulnerability disclosure. The following exports, reexports, and transfers (in-country) to Huawei Technologies Co., 

Ltd. (Huawei) and its non-U.S. affiliates on the Entity List for cybersecurity research and vulnerability disclosure subject to other provisions of the 

EAR are excluded from the Entity List license requirements: When the disclosure to Huawei and/or to its listed non-U.S. affiliates is limited to information regarding security vulnerabilities in items owned, possessed, or controlled by Huawei or any of its non-U.S. affiliates when related to 

the process of providing ongoing security research critical to maintaining the integrity and reliability of existing and currently ‘fully operational network’ and equipment. A ‘fully operational network’ refers to a ‘third party’ network providing services to the ‘third party’s’ customers. The term 

‘third party’ refers to a party that is not Huawei, one of its listed non-U.S. affiliates, or the exporter, reexporter, or transferor, but rather an organization such as a telecommunications service provider. 

Matthew S. Borman, 

Deputy Assistant Secretary for Export 

Administration. 

[FR Doc. 2022–03029 Filed 2–11–22; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

20 CFR Part 641 

[Docket No. ETA–2022–0002] 

RIN 1205–AC04 

Senior Community Service 

Employment Program Conforming 

Changes to the Supporting Older 

Americans Act of 2020—Updated 

Guidance on Priority of Service, 

Durational Limits and State Plan 

Submissions 

AGENCY: Employment and Training 

Administration, Labor. 

ACTION: Direct final rule; technical 

amendments. 

SUMMARY: The Employment and 

Training Administration (ETA) of the 

Department of Labor (Department) is 

issuing this direct final rule (DFR) 

amending the Senior Community 

Service Employment Program (SCSEP) 

regulations to conform with changes in 

the Supporting Older Americans Act of 

2020 regarding individuals who have 

been incarcerated within the last 5 

years. Consistent with the Act, the rule 

adds this category of individuals to the 

priority groups; adds this category of 

individuals to the list of categories 

grantees may choose from to make 

eligible for increased periods of 

participation; includes people in this 

category within the definition of the 

term ‘‘individuals with barriers to 

employment’’; and requires that 

grantees identify and report on the 

relative distribution of these individuals 

in the State Plan. 

DATES: This DFR is effective April 15, 

2022 without further action unless 

significant adverse comment is 

submitted by March 16, 2022. If the 

Department receives significant adverse 

comment, the Agency will publish a 

timely withdrawal in the Federal 

Register informing the public that this 

DFR will not take effect. Comments to 

this DFR must be submitted by March 

16, 2022 All submissions must be made 

by the close of the comment period. 

ADDRESSES: You may submit comments 

electronically identified by Regulatory 

Identification Number (RIN) 1205–AC04 

by the following method: 

Federal eRulemaking Portal: https://

www.regulations.gov. Follow the 

instructions on the website for 

submitting comments. 

Instructions: Include the agency’s 

name and docket number ETA–2022– 

0002 in your comments. All comments 

received will become a matter of public 

record and will be posted without 

change to https://www.regulations.gov. 

Please do not include any personally 

identifiable or confidential business 

information that you do not want 

publicly disclosed. 

FOR FURTHER INFORMATION CONTACT: 

Steven Rietzke, Chief, Division of 

National Programs, Tools and Technical 

Assistance, Office of Workforce 

Investment, at 202–693–3980. (This is 

not a toll-free number.) 

SUPPLEMENTARY INFORMATION: 

Preamble Table of Contents 

I. Background 

II. Consideration of Comments 

III. Publication as a Direct Final Rule 

IV. Section-by-Section Discussion of Changes 

V. Rulemaking Analyses and Notices 

I. Background 

The SCSEP, authorized by title V of 

the Older Americans Act of 1965 (OAA) 

and most recently reauthorized in 2020, 

is the only federally sponsored 

employment and training program 

targeted specifically to low-income, 

older individuals who want to enter or 

reenter the workforce. The program 

provides subsidized work experience 

training for low-income persons 55 

years or older who are unemployed and 

have poor employment prospects. The 

dual goals of the program are to promote 

useful community service employment 

activities and to move SCSEP 

participants into unsubsidized 

employment so that they can achieve 

economic self-sufficiency. 

In the Supporting Older Americans 

Act of 2020, Public Law 116–131 (the 

Act), Congress amended title V of the 

OAA to make certain changes to the 

SCSEP that would take effect 1 year 

from the March 25, 2020, enactment of 

the Act, i.e., March 25, 2021. First, the 

Act makes an individual who ‘‘has been 

incarcerated within the last 5 years or is 

under supervision following release 

from prison or jail within the last 5 

years’’ eligible for priority of service 

over those individuals who meet only 

the basic SCSEP eligibility criteria 

related to age, income, and employment. 

Public Law 116–131, sec. 

401(a)(3)(B)(iii); 42 U.S.C. 

3056p(b)(2)(H). Second, the Act adds 

individuals who ‘‘have been 

incarcerated within the last 5 years or 

are under supervision following release 

from prison or jail within the last 5 

years,’’ to the list of categories for which 

the Department is required to authorize 

any SCSEP grantee to provide an 

increased period of participation if the 

relevant SCSEP grantee has made such 

a request. Public Law 116–131, sec. 

401(a)(3)(A)(iii); 42 U.S.C. 

3056p(a)(3)(B)(ii)(VI). Third, the Act 

revises the definition of ‘‘individuals 

with barriers to employment’’ to include 

‘‘eligible individuals who have been 

incarcerated or are under supervision 

following release from prison or jail.’’ 

Public Law 116–131, sec. 401(a)(2); 42 

U.S.C. 3056l(e)(1). Finally, the Act 

requires State Plans to identify and 

address the relative distribution of 

‘‘eligible individuals who have been 

incarcerated within the last 5 years or 

are under supervision following release 

from prison or jail within the last 5 

years.’’ Public Law 116–131, sec. 

401(a)(1)(C); 42 U.S.C. 3056a(a)(4)(C)(v). 

In this DFR, the Department is 

incorporating the statutory changes 

described above into the SCSEP 

program regulations at 20 CFR part 641. 

II. Consideration of Comments 

The Department will consider 

comment on issues related to this 

action. If the Department receives no 

significant adverse comment, the 

Department will publish a Federal 

Register document confirming the 

effective date of the DFR and 

withdrawing the companion notice of 

proposed rulemaking (NPRM) published 

elsewhere in this issue of the Federal 

Register. Such confirmation may 

include minor stylistic or technical 

changes to the DFR. For the purpose of 


jspears on DSK121TN23PROD with RULES1
Federal Register / Vol. 87, No. 30 / Monday, February 14, 2022 / Rules and Regulations 8187 

judicial review, the Department views 

the date of confirmation of the effective 

date of the DFR as the date of 

promulgation. 

III. Publication as a Direct Final Rule 

In direct final rulemaking such as 

this, the Department is publishing a 

DFR which will go into effect unless the 

Department receives significant adverse 

comment within the comment period. 

The Department is also concurrently 

publishing a virtually identical NPRM. 

The Department plans to confirm the 

date that this DFR goes into effect 

through a separate Federal Register 

document. If the Department receives a 

significant adverse comment, it will 

withdraw this DFR and treat such 

comment as a response to the NPRM. 

For purposes of this DFR, a significant 

adverse comment is one that explains: 

(1) Why the DFR is inappropriate, 

including challenges to its underlying 

premise or approach; or (2) why the 

DFR will be ineffective or unacceptable 

without a change. In determining 

whether a comment necessitates 

withdrawal of this DFR, the Department 

will consider whether the comment 

raises an issue serious enough to 

warrant a substantive response. The 

Department will not consider a 

comment recommending an additional 

amendment to this regulation to be a 

significant adverse comment unless the 

comment states why the DFR would be 

ineffective without the addition. 

In addition to publishing this DFR, 

the Department is publishing an NPRM 

in the Federal Register. The comment 

period for the NPRM runs concurrently 

with that of the DFR. The Department 

will treat comments received on the 

companion NPRM as comments on the 

DFR. Similarly, the Department will 

consider comments submitted to the 

DFR as comments to the companion 

NPRM. Therefore, if the Department 

receives a significant adverse comment 

on either this DFR or the NPRM, it will 

withdraw this DFR and proceed with 

the companion NPRM. In the event the 

Department withdraws the DFR because 

of significant adverse comment, the 

Department will consider all timely 

comments received in response to the 

DFR when it continues with the NPRM. 

After considering all comments to the 

DFR and the NPRM, the Department 

will decide whether to publish a new 

final rule or confirm the date that this 

DFR goes into effect through a separate 

Federal Register document. 

The Department has determined that 

the subject of this rule is suitable for 

DFR because the Administrative 

Procedure Act authorizes an agency to 

issue a rule without notice and 

comment when, as here, ‘‘the agency for 

good cause finds (and incorporates the 

finding and a brief statement of reasons 

therefore in the rules issued) that notice 

and public procedure thereon are 

impracticable, unnecessary, or contrary 

to the public interest.’’ 5 U.S.C. 

553(b)(B). The Department for good 

cause finds that notice and comment 

rulemaking would be unnecessary 

because this DFR almost entirely makes 

conforming amendments to the SCSEP 

program regulations to align with 

changes required by the Act, which 

have already become effective. 

Accordingly, no significant adverse 

comments are anticipated. 

IV. Section-by-Section Discussion of 

Changes 

The Department is making the 

following changes to implement the 

provisions of the Act. First, the 

Department is revising § 641.140 to 

define formerly incarcerated individuals 

as individuals who ‘‘were incarcerated 

at any point within the last 5 years,’’ or 

‘‘were under supervision at any point 

within the last 5 years, following release 

from prison or jail.’’ The definition also 

specifies that the referenced 5-year 

period means the 5 years preceding the 

date of first determination of program 

eligibility, as described in § 641.505, for 

initial enrollment into the program. The 

current regulation does not include a 

definition of formerly incarcerated 

individuals, but the Department is 

defining the term in this DFR based 

upon language provided in the Act, 

which makes an individual who ‘‘has 

been incarcerated within the last 5 years 

or is under supervision following 

release from prison or jail within the 

last 5 years’’ eligible for priority 

enrollment. Public Law 116–131, sec. 

401(a)(3)(B)(iii); 42 U.S.C. 

3056p(b)(2)(H). The definition included 

in this DFR also contains an explanation 

of the meaning of the 5-year period 

specified in the Act in order to clarify 

the meaning of the phrase ‘‘within the 

last 5 years.’’ The Act is silent about 

how to calculate the 5-year period. The 

Department has determined that 

connecting this date to the individual’s 

possible participation in the SCSEP 

program aligns with the intent of the 

amendments and that using the ‘‘date of 

first determination of program 

eligibility’’ as described in § 641.505 

provides a readily available date for 

grantees to reference when determining 

individuals’ eligibility for the program. 

The Department is also revising 

§ 641.140 to include ‘‘formerly 

incarcerated individuals’’ in the 

definition of ‘‘most-in-need.’’ The 

existing definition of most-in-need is 

made up of all the categories of 

individuals for whom the grantees may 

request be made eligible for increased 

periods of participation (the list is at 42 

U.S.C. 3056p(a)(3)(B)(ii)) and the 

categories of individuals who receive 

priority enrollment (the list in 42 U.S.C. 

3056p(b)(2)). Under sec. 401(a)(3) of the 

Act, individuals eligible for increased 

periods of participation now include 

individuals who ‘‘have been 

incarcerated within the last 5 years or 

are under supervision following release 

from prison or jail within the last 5 

years,’’ and the priority of service list 

now includes individuals who ‘‘ha[ve] 

been incarcerated within the last 5 years 

or [are] under supervision following 

release from prison or jail within the 

last 5 years.’’ Consistent with the Act’s 

addition of ‘‘formerly incarcerated 

individuals’’ to these two lists, the 

Department is adding ‘‘are formerly 

incarcerated as defined in this section’’ 

to the § 641.140 definition of ‘‘most-inneed.’’ For purposes of clarity, the 

Department also has restructured the 

definition of ‘‘most-in-need’’ to present 

the list of most-in-need individuals as a 

numbered list. 

Similarly, based on amendments 

made in the Act, the Department is 

revising § 641.325(b) to comply with the 

Act’s requirement that the State Plan 

identify and address the relative 

distribution of ‘‘eligible individuals who 

have been incarcerated within the last 5 

years or are under supervision following 

release from prison or jail within the 

last 5 years.’’ Public Law 116–131, sec. 

401(a)(1)(C); 42 U.S.C. 3056a(a)(4)(C)(v). 

Currently, § 641.325(b) lists information 

that must be included in the State Plan, 

including the relative distribution of 

certain individuals eligible for the 

program. Pursuant to the Act’s 

requirement, see 42 U.S.C. 

3056a(a)(4)(C)(v), the Department is 

revising § 641.325(b) to add ‘‘[e]ligible 

individuals who are formerly 

incarcerated individuals as defined in 

§ 641.140’’ to the list of eligible 

individuals on whom the State Plan 

must provide information regarding 

relative distribution. 

Additionally, the Department is 

revising §§ 641.420 and 641.520 to 

incorporate the Act’s requirement that 

eligible individuals who ‘‘[have] been 

incarcerated within the last 5 years or 

[are] under supervision following 

release from prison or jail within the 

last 5 years’’ receive priority enrollment. 

Public Law 116–131, sec. 

401(a)(3)(B)(iii); 42 U.S.C. 

3056p(b)(2)(H). Paragraphs (a)(1) 

through (8) of § 641.520 list the 

characteristics that grantees and subrecipients must consider when 


jspears on DSK121TN23PROD with RULES1
8188 Federal Register / Vol. 87, No. 30 / Monday, February 14, 2022 / Rules and Regulations 

determining whether to provide eligible 

individuals with priority. Pursuant to 

the Act, see 42 U.S.C. 3056p(b)(2)(H), 

the Department is revising this list to 

include new paragraph (a)(9), which 

provides priority to individuals who are 

formerly incarcerated individuals, as 

defined in § 641.140. Accordingly, the 

Department is also making a minor 

technical change to § 641.420(e) to 

update the reference to § 641.520(a) to 

account for the addition of paragraph 

(a)(9) in § 641.520. 

The Department is also revising 

§§ 641.570 and 641.710 to integrate the 

Act’s requirement that the Secretary 

authorize a grantee to increase the 

period of participation for individuals 

who ‘‘have been incarcerated within the 

last 5 years or are under supervision 

following release from prison or jail 

within the last 5 years.’’ Public Law 

116–131, sec. 401(a)(3)(A)(iii); 42 U.S.C. 

3056p(a)(3)(B)(ii)(VI). Existing SCSEP 

regulations at § 641.570(b) list the 

categories of individuals for whom the 

Department will provide increased 

periods of participation if requested by 

the grantee. Pursuant to the Act, the 

Department has added new paragraph 

(b)(6), which states that individuals who 

are formerly incarcerated individuals, as 

defined in § 641.140 are, upon a 

grantee’s request, eligible for an 

extended period of individual 

participation. Additionally, existing 

SCSEP regulations at § 641.710 define 

core performance measures, including 

‘‘service to the [m]ost-in-need’’ 

(§ 641.710(g)). Consistent with the 

change to the most-in-need definition at 

§ 641.140, discussed above, the 

Department has added new paragraph at 

§ 641.710(g)(14) to include individuals 

who ‘‘[a]re formerly incarcerated 

individuals as defined in § 641.140’’ to 

the list of individuals characterized as 

most-in-need. See Public Law 116–131, 

sec. 401(a)(3); 42 U.S.C. 

3056p(a)(3)(B)(ii)(IV), (b)(2)(H). 

Finally, sec. 401(a)(2) of the Act 

revises the definition of ‘‘individuals 

with barriers to employment’’ in the 

OAA to include ‘‘eligible individuals 

who have been incarcerated or are 

under supervision following release 

from prison or jail.’’ Public Law 116– 

131, sec. 401(a)(2); 42 U.S.C. 3056l(e)(1). 

This section of the OAA requires certain 

national SCSEP grantees to give special 

consideration to selecting subgrantee 

organizations with demonstrated 

expertise in serving individuals with 

barriers to employment. Paragraph (d) of 

§ 641.881(d) is the corresponding 

regulatory provision to implement this 

section of the OAA, stating that for 

purposes of this section, the term 

‘‘individuals with barriers to 

employment’’ includes ‘‘minority 

individuals, Indian individuals, 

individuals with greatest economic 

need, and most-in-need individuals.’’ 

The Department notes that because the 

existing regulatory text in § 641.881(d) 

references ‘‘most-in-need individuals,’’ 

the regulatory text does not require 

change to align with the Act. The 

changes explained above that add 

formerly incarcerated individuals to the 

most-in-need definition at § 641.140 and 

to the list of most-in-need individuals at 

§ 641.710(g) have the effect of including 

formerly incarcerated individuals in the 

reference to most-in-need individuals in 

the existing definition of barriers to 

employment at § 641.881(d)(2). 

V. Rulemaking Analyses and Notices 

Regulatory Flexibility Analysis, 

Executive Order 13272, Small Business 

Regulatory Enforcement Fairness Act 

The Regulatory Flexibility Act (RFA), 

5 U.S.C. 601 et seq., requires the 

Department to evaluate the economic 

impact of this rule with regard to small 

entities. The RFA defines small entities 

to include small businesses, small 

organizations including not-for-profit 

organizations, and small governmental 

jurisdictions. The Department must 

determine whether the rule imposes a 

significant economic impact on a 

substantial number of such small 

entities. 

There are 77 SCSEP grantees; 50 of 

these are States and are not small 

entities as defined by the RFA. Six 

grantees are governmental jurisdictions 

other than States (four grantees are 

territories, such as Guam; one grantee is 

Washington, DC; and another grantee is 

Puerto Rico). Governmental 

jurisdictions must have a population of 

less than 50,000 to qualify as a small 

entity for RFA purposes and the 

population of these 6 SCSEP grantees 

each exceeds 50,000. The remaining 21 

grantees are non-profit organizations, 

which includes some large, national 

non-profit organizations. 

The Department has determined that 

this DFR will impose a negligible 

additional burden on small entities. 

SCSEP grantees already review their 

policies on a regular basis to align with 

guidance and the activities related to 

this DFR will only add one more item 

to consider during these activities. 

SCSEP grantees also already determine 

eligibility on a regular basis and the 

additional population category is only 

an additional factor to consider. 

Whatever negligible costs that the new 

regulation requires of SCSEP grantees is 

covered by SCSEP administrative costs 

and programmatic activity costs 

funding. 

The Department certifies that this 

DFR does not impose a significant 

economic impact on a substantial 

number of small entities. 

Executive Orders 12866 and 13563 

Under Executive Order (E.O.) 12866, 

Office of Management and Budget’s 

(OMB’s) Office of Information and 

Regulatory Affairs determines whether a 

regulatory action is significant and, 

therefore, subject to the requirements of 

the Executive order and review by OMB. 

58 FR 51735 (Oct. 4, 1993). 

Section 3(f) of E.O. 12866 defines a 

‘‘significant regulatory action’’ as an 

action that is likely to result in a rule 

that: (1) Has an annual effect on the 

economy of $100 million or more, or 

adversely affects in a material way a 

sector of the economy, productivity, 

competition, jobs, the environment, 

public health or safety, or State, local or 

tribal governments or communities (also 

referred to as economically significant); 

(2) creates serious inconsistency or 

otherwise interferes with an action 

taken or planned by another agency; (3) 

materially alters the budgetary impacts 

of entitlement grants, user fees, or loan 

programs, or the rights and obligations 

of recipients thereof; or (4) raises novel 

legal or policy issues arising out of legal 

mandates, the President’s priorities, or 

the principles set forth in the E.O. Id. 

OMB has determined that this DFR is 

not a ‘‘significant regulatory action’’ 

under sec. 3(f) of E.O. 12866. 

E.O. 13563 directs agencies to propose 

or adopt a regulation only upon a 

reasoned determination that its benefits 

justify its costs; it is tailored to impose 

the least burden on society, consistent 

with achieving the regulatory objectives; 

and in choosing among alternative 

regulatory approaches, the agency has 

selected those approaches that 

maximize net benefits. E.O. 13563 

recognizes that some benefits are 

difficult to quantify and provides that, 

where appropriate and permitted by 

law, agencies may consider and discuss 

qualitatively values that are difficult or 

impossible to quantify, including 

equity, human dignity, fairness, and 

distributive impacts. 

OMB waived review of this 

rulemaking because it is not a 

significant regulatory action. 

Paperwork Reduction Act 

This DFR is not subject to the 

requirements of the Paperwork 

Reduction Act of 1995 (PRA 95) (44 

U.S.C. 3501 et seq.) because it does not 

contain a collection of information as 

defined in 44 U.S.C. 3502(3). The 


jspears on DSK121TN23PROD with RULES1
Federal Register / Vol. 87, No. 30 / Monday, February 14, 2022 / Rules and Regulations 8189 

Department previously submitted to 

OMB revision requests to the three 

information collections affected by the 

statute in this DFR, which were 

subsequently approved by OMB. See 

Information Collection Request (ICR) 

Reference Numbers 202112–1205–003 

(OMB Control Number 1205–0521), 

202108–1205–007 (OMB Control 

Number 1205–0040), and 202103–1205– 

001 (OMB Control Number 1205–0448). 

Unfunded Mandates Reform Act 

For purposes of the Unfunded 

Mandates Reform Act of 1995, this rule 

does not include any Federal mandate 

that may result in increased 

expenditures by State, local, and tribal 

governments in the aggregate of more 

than $100 million, or increased 

expenditures by the private sector of 

more than $100 million. 

Executive Order 13132 

The Department has reviewed this 

rule in accordance with E.O. 13132 

regarding federalism and has 

determined that it does not have 

‘‘federalism implications.’’ The rule 

does not ‘‘have substantial direct effects 

on the States, on the relationship 

between the [N]ational [G]overnment 

and the States, or on the distribution of 

power and responsibilities among the 

various levels of government.’’ This DFR 

updates, defines, and implements 

eligibility requirements, waiver factors, 

and performance measures for the 

SCSEP. While States are SCSEP 

grantees, this rule merely makes minor 

changes to currently ongoing data 

collection processes. Requiring State 

grantees to implement these changes 

does not constitute a ‘‘substantial direct 

effect’’ on the States, nor will it alter the 

relationship or responsibilities between 

the Federal and State governments. 

Privacy Act 

The Privacy Act of 1974, 5 U.S.C. 

552a, provides safeguards to individuals 

concerning their personal information 

that the Government collects. The 

Privacy Act requires certain actions by 

an agency that collects information on 

individuals when that information 

contains personally identifiable 

information, such as Social Security 

numbers (SSNs) or names. Because 

SCSEP participant records are 

maintained by SSN, the Privacy Act 

applies here. 

A key concern is for the protection of 

participant SSNs. Grantees must collect 

the SSN in order to pay participants 

properly for their community service 

work in host agencies. When grantees 

send participant files to the Department 

for aggregation, the transmittal is 

protected by secure encryption. When 

participant files are retrieved within the 

internet-based SCSEP data management 

system, only the last four digits of the 

SSN are displayed. Any information 

that is shared or made public is 

aggregated by grantee and does not 

reveal personal information on specific 

individuals. 

The Department works diligently to 

ensure the highest level of security 

whenever personally identifiable 

information is stored or transmitted. All 

contractors that have access to 

individually identifying information are 

required to provide assurances that they 

will respect and protect the 

confidentiality of the data. The 

Department’s Office the Chief 

Information Officer has been an active 

participant in the development and 

approval of data security measures. 

In addition to the above, the 

Department provides a Privacy Act 

Statement to grantees for distribution to 

all participants. The Department 

advised grantees of the requirement in 

Training and Employment Guidance 

Letter No. 39–11 (June 28, 2012). 

Participants receive this information 

when they meet with a caseworker or 

intake counselor. When the Department 

monitors the programs, implementation 

of this term is included in the reviews. 

Amended Regulatory Text 

List of Subjects in 20 CFR Part 641 

Administrative practice and 

procedure, Aged, Employment, Equal 

employment opportunity, Government 

contracts, Grant programs—labor, 

Reporting and recordkeeping 

requirements. 

For the reasons discussed in the 

preamble, the Department amends 20 

CFR part 641 as follows: 

PART 641—PROVISIONS GOVERNING 

THE SENIOR COMMUNITY SERVICE 

EMPLOYMENT PROGRAM 

■ 1. The authority citation for part 641 

is revised to read as follows: 

Authority: 42 U.S.C. 3056–3056p. 

Subpart A—Purpose and Definitions 

■ 2. Amend § 641.140 by adding the 

definition of Formerly incarcerated 

individuals in alphabetical order and 

revising the definition of Most-in-need 

to read as follows: 

§ 641.140 What definitions apply to this 

part? 

* * * * * 

Formerly incarcerated individuals 

mean: 

(1) Individuals who were incarcerated 

at any point within the last 5 years; or 

(2) Individuals who were under 

supervision at any point within the last 

5 years, following release from prison or 

jail. 

(3) The 5-year period specified in this 

definition refers to the 5 years preceding 

the date of first determination of 

program eligibility, as described in 

§ 641.505, for initial enrollment into the 

program. 

* * * * * 

Most-in-need means participants with 

one or more of the following 

characteristics (OAA sec. 513(b)(1)(F)): 

(1) Have a severe disability; 

(2) Are frail; 

(3) Are age 75 or older; 

(4) Are age-eligible but not receiving 

benefits under title II of the Social 

Security Act; 

(5) Reside in an area with persistent 

unemployment and have severely 

limited employment prospects; 

(6) Have limited English proficiency; 

(7) Have low literacy skills; 

(8) Have a disability; 

(9) Reside in a rural area; 

(10) Are veterans; 

(11) Have low employment prospects; 

(12) Have failed to find employment 

after using services provided under title 

I of the Workforce Innovation and 

Opportunity Act; 

(13) Are homeless or at risk for 

homelessness; or 

(14) Are ‘‘formerly incarcerated’’ as 

defined in this section. 

* * * * * 

Subpart C—The State Plan 

■ 3. Amend § 641.325 by revising 

paragraphs (b)(4) and (5) and adding 

paragraph (b)(6) to read as follows: 

§ 641.325 What information must be 

provided in the State Plan? 

* * * * * 

(b) * * * 

(4) Eligible individuals who are 

limited English proficient; 

(5) Eligible individuals who have the 

greatest social need; and 

(6) Eligible individuals who are 

formerly incarcerated individuals as 

defined in § 641.140; 

* * * * * 

Subpart D—Grant Application and 

Responsibility Review Requirements 

for State and National SCSEP Grants 

■ 4. Amend § 641.420 by revising 

paragraph (e) to read as follows: 

§ 641.420 What are the eligibility criteria 

that each applicant must meet? 

* * * * * 


jspears on DSK121TN23PROD with RULES1
8190 Federal Register / Vol. 87, No. 30 / Monday, February 14, 2022 / Rules and Regulations 

(e) An ability to move participants 

with multiple barriers to employment, 

including individuals described in 

§ 641.570(b) or § 641.520(a)(2) through 

(9), into unsubsidized employment; 

* * * * * 

Subpart E—Services to Participants 

■ 5. Amend § 641.520 by revising the 

section heading and paragraphs (a)(7) 

and (8) and adding paragraph (a)(9) to 

read as follows: 

§ 641.520 Are there any priorities that 

grantees and sub-recipients must use in 

selecting eligible individuals for 

participation in the Senior Community 

Service Employment Program? 

(a) * * * 

(7) Have failed to find employment 

after using services provided through 

the one-stop delivery system; 

(8) Are homeless or are at risk for 

homelessness; or 

(9) Are formerly incarcerated 

individuals as defined in § 641.140. 

(OAA sec. 518(b).) 

* * * * * 

■ 6. Amend § 641.570 by revising 

paragraphs (b)(4) and (5) and adding 

paragraph (b)(6) to read as follows: 

§ 641.570 Is there a time limit for 

participation in the program? 

* * * * * 

(b) * * * 

(4) Live in an area with persistent 

unemployment and are individuals with 

severely limited employment prospects; 

(5) Have limited English proficiency 

or low literacy skills; or 

(6) Are formerly incarcerated 

individuals as defined in § 641.140. 

* * * * * 

Subpart G—Performance 

Accountability 

■ 7. Amend § 641.710 by revising 

paragraphs (g)(12) and (13) and adding 

paragraph (g)(14) to read as follows: 

§ 641.710 How are the performance 

measures defined? 

* * * * * 

(g) * * * 

(12) Have failed to find employment 

after utilizing services provided under 

title I of the Workforce Innovation and 

Opportunity Act; 

(13) Are homeless or at risk for 

homelessness; or 

(14) Are formerly incarcerated 

individuals as defined in § 641.140. 

Angela Hanks, 

Acting Assistant Secretary for Employment 

and Training, Labor. 

[FR Doc. 2022–02680 Filed 2–11–22; 8:45 am] 

BILLING CODE 4510–FN–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 870 

[Docket No. FDA–2021–N–0999] 

Medical Devices; Cardiovascular 

Devices; Classification of the 

Adjunctive Predictive Cardiovascular 

Indicator 

AGENCY: Food and Drug Administration, 

Department of Health and Human 

Services (HHS). 

ACTION: Final amendment; final order. 

SUMMARY: The Food and Drug 

Administration (FDA or we) is 

classifying the adjunctive predictive 

cardiovascular indicator into class II 

(special controls). The special controls 

that apply to the device type are 

identified in this order and will be part 

of the codified language for the 

adjunctive predictive cardiovascular 

indicator’s classification. We are taking 

this action because we have determined 

that classifying the device into class II 

(special controls) will provide a 

reasonable assurance of safety and 

effectiveness of the device. We believe 

this action will also enhance patients’ 

access to beneficial innovative devices. 

DATES: This order is effective February 

14, 2022. The classification was 

applicable on March 16, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Aneesh Deoras, Center for Devices and 

Radiological Health, Food and Drug 

Administration, 10903 New Hampshire 

Ave., Bldg. 66, Rm. 2564, Silver Spring, 

MD 20993–0002, 240–402–4363, 

Aneesh.Deoras@fda.hhs.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Upon request, FDA has classified the 

adjunctive predictive cardiovascular 

indicator as class II (special controls), 

which we have determined will provide 

a reasonable assurance of safety and 

effectiveness. In addition, we believe 

this action will enhance patients’ access 

to beneficial innovation, by placing the 

device into a lower device class than the 

automatic class III assignment. 

The automatic assignment of class III 

occurs by operation of law and without 

any action by FDA, regardless of the 

level of risk posed by the new device. 

Any device that was not in commercial 

distribution before May 28, 1976, is 

automatically classified as, and remains 

within, class III and requires premarket 

approval unless and until FDA takes an 

action to classify or reclassify the device 

(see 21 U.S.C. 360c(f)(1)). We refer to 

these devices as ‘‘postamendments 

devices’’ because they were not in 

commercial distribution prior to the 

date of enactment of the Medical Device 

Amendments of 1976, which amended 

the Federal Food, Drug, and Cosmetic 

Act (FD&C Act). 

FDA may take a variety of actions in 

appropriate circumstances to classify or 

reclassify a device into class I or II. We 

may issue an order finding a new device 

to be substantially equivalent under 

section 513(i) of the FD&C Act (see 21 

U.S.C. 360c(i)) to a predicate device that 

does not require premarket approval. 

We determine whether a new device is 

substantially equivalent to a predicate 

device by means of the procedures for 

premarket notification under section 

510(k) of the FD&C Act (21 U.S.C. 

360(k)) and part 807 (21 CFR part 807). 

FDA may also classify a device 

through ‘‘De Novo’’ classification, a 

common name for the process 

authorized under section 513(f)(2) of the 

FD&C Act. Section 207 of the Food and 

Drug Administration Modernization Act 

of 1997 (Pub. L. 105–115) established 

the first procedure for De Novo 

classification. Section 607 of the Food 

and Drug Administration Safety and 

Innovation Act (Pub. L. 112–144) 

modified the De Novo application 

process by adding a second procedure. 

A device sponsor may utilize either 

procedure for De Novo classification. 

Under the first procedure, the person 

submits a 510(k) for a device that has 

not previously been classified. After 

receiving an order from FDA classifying 

the device into class III under section 

513(f)(1) of the FD&C Act, the person 

then requests a classification under 

section 513(f)(2). 

Under the second procedure, rather 

than first submitting a 510(k) and then 

a request for classification, if the person 

determines that there is no legally 

marketed device upon which to base a 

determination of substantial 

equivalence, that person requests a 

classification under section 513(f)(2) of 

the FD&C Act. 

Under either procedure for De Novo 

classification, FDA is required to 

classify the device by written order 

within 120 days. The classification will 

be according to the criteria under 

section 513(a)(1) of the FD&C Act. 

Although the device was automatically 

placed within class III, the De Novo 

classification is considered to be the 

initial classification of the device. 

We believe this De Novo classification 

will enhance patients’ access to 

beneficial innovation. When FDA 

classifies a device into class I or II via 

the De Novo process, the device can 


jspears on DSK121TN23PROD with RULES1