Federal Register / Vol. 87, No. 39 / Monday, February 28, 2022 / Proposed Rules 11001 

Dated: February 17, 2022. 

Daniel Blackman, 

Regional Administrator, Region 4. 

[FR Doc. 2022–04112 Filed 2–25–22; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

45 CFR Part 3 

[Docket Number—NIH–2020–0002] 

RIN 0925–AA67 

Conduct of Persons and Traffic on the 

National Institutes of Health Federal 

Enclave 

AGENCY: National Institutes of Health, 

HHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Department of Health and 

Human Services (HHS or Department), 

through the National Institutes of Health 

(NIH), proposes to amend the existing 

regulation for the conduct of persons 

and traffic on the NIH enclave in 

Bethesda, Maryland, in order to update 

certain provisions of the regulation. 

DATES: Comments must be received on 

or before April 29, 2022. 

ADDRESSES: You may send comments, 

identified by Docket Number NIH– 

2020–0002 and/or RIN 0925–AA67 by 

any of the following methods: 

Electronic Submissions 

You may send comments 

electronically in the following way: 

• Federal rulemaking Portal: 

www.regulations.gov. Follow the 

instructions for sending comments. 

Written Submissions 

You may send written comments in 

the following ways: 

Please allow sufficient time for mailed 

comments to be received before the 

close of the comment period. 

• Mail (for paper or CD–ROM 

submissions): Daniel Hernandez, NIH 

Regulations Officer, National Institutes 

of Health, Office of Management 

Assessment, Rockledge 1, 6701 

Rockledge Drive, Suite 601, Room 601– 

T, MSC 7901, Bethesda, Maryland 

20817–7901. 

• Hand delivery/courier (for paper or 

CD–ROM submissions): Daniel 

Hernandez, NIH Regulations Officer, 

National Institutes of Health, Office of 

Management Assessment, Rockledge 1, 

6705 Rockledge Drive, Suite 601, Room 

601–T, Room 601–T, MSC 7901, 

Bethesda, Maryland 20892–7901. 

Instructions: All submissions received 

must include the agency name and 

docket number or Regulatory Identifier 

Number (RIN) for this Rulemaking. All 

comments will be posted without 

change to www.regulations.gov, 

including any personal information 

provided. 

Docket: For access to the docket to 

read background documents or 

comments received, go to the 

eRulemaking Portal at 

www.regulations.gov and insert the 

docket number provided in brackets in 

the heading on page one of this 

document into the ‘‘search’’ box and 

follow the prompts. 

FOR FURTHER INFORMATION CONTACT: 

Daniel Hernandez, NIH Regulations 

Officer, Office of Management 

Assessment, NIH, Rockledge 1, 6705 

Rockledge Drive, Suite 601, Room 601– 

T, Bethesda, MD 20817—MSC 7901, by 

email at dhernandez@mail.nih.gov, or 

by telephone at 301–435–3343 (not a 

toll-free number). 

SUPPLEMENTARY INFORMATION: 

1. Background 

On November 16, 2020, the 

Department of Health and Human 

Services (HHS or Department) issued a 

direct final rule (85 FR 72899–72912) 

amending certain regulations, as part of 

its Regulatory Clean Up Initiative, to 

make miscellaneous corrections, 

including correcting references to other 

regulations, misspellings and other 

typographical errors. These corrections 

included changes to the regulation 

codified at 45 CFR part 3 concerning the 

conduct of persons and traffic on the 

National Institutes of Health Federal 

Enclave. With this notice of proposed 

rulemaking (NPRM), the Department 

proposes to make several additional 

changes to 45 CFR part 3 that are 

necessary to further update the 

regulation. These additional changes 

were determined to be necessary 

following the review of the regulation 

conducted by NIH in 2019. 

2. Summary of Proposed Changes 

With this NPRM, we propose to make 

several changes to the regulation at 45 

CFR part 3 concerning the conduct of 

persons and traffic on the National 

Institutes of Health Federal Enclave that 

are necessary to ensure the regulation is 

up-to-date. 

Specifically, in Subpart A of the 

regulation, we propose to amend section 

3.4 by removing the last sentence that 

specifies the Police Office’s main 

location and telephone number. The 

NIH Police Department may be 

relocated in the future under the current 

campus master plan. Removing the 

sentence will eliminate the need in the 

future to amend the regulation any time 

the NIH Police Department is relocated. 

In Subpart C of the regulation, we 

propose to amend section 3.42 by 

revising the last sentence of paragraph 

(b) to update several terms. The existing 

last sentence states that the use of a dog 

by a handicapped person to assist that 

person is authorized. NIH proposes to 

update this sentence by replacing the 

term ‘‘dog’’ with the term ‘‘service 

animal’’. NIH also proposes to update 

this sentence by removing the term 

‘‘handicapped person’’ and replacing it 

with the term ‘‘a person with a 

disability’’ to reflect current and 

accepted use of the term. The proposed 

revised sentence is ‘‘The use of a service 

animal by a person with a disability to 

assist that person is authorized.’’ 

Additionally, in Subpart C, we 

propose to amend section 3.42 by 

revising paragraph (f) to state that 

except as part of an approved medical 

research protocol a person may not 

smoke on the enclave. The existing 

language does not prohibit smoking 

outside of buildings on the enclave. As 

a tobacco-free campus, NIH does not 

allow smoking inside or outside 

buildings. The proposed change makes 

this clear in the regulation. 

In Subpart D, we propose to amend 

section 3.61 by revising paragraph (a) to 

state that a person found guilty of 

violating any provision of the 

regulations in this part is subject to a 

fine or imprisonment of not more than 

thirty days or both, for each violation 

(U.S. Pub. L. 107–296, Homeland 

Security Act of 2002). The existing 

language states that a person found 

guilty of violating any provision of the 

regulation is subject to a fine of not 

more that $50 or imprisonment, or both 

for each violation. The dollar amount of 

fines can increase at any time. In fact, 

the current fine amount is more than 

$50. Not stating a specific dollar amount 

for the fine in paragraph (a) will 

eliminate any future need to amend the 

regulation when incremental increases 

in the fine amount occur. Information 

about fines is publicly available. 

The purpose of this NPRM is to invite 

comment concerning these proposed 

actions. We provide the following as 

public information, 

Regulatory Impact Analysis 

We have examined the impacts of this 

proposed rule under Executive Order 

(E.O.) 12866, Regulatory Planning and 

Review; E.O. 13563, Improving 

Regulation and Regulatory Review; and 

E.O. 13132, Federalism; the Regulatory 

Flexibility Act (5 U.S.C. 601–612); and 

the Unfunded Mandates Reform Act of 

1995 (Pub. L. 104–4). 


khammond on DSKJM1Z7X2PROD with PROPOSALS
11002 Federal Register / Vol. 87, No. 39 / Monday, February 28, 2022 / Proposed Rules 

Executive Orders 12866 and 13563 

E.O. 12866, Regulatory Planning and 

Review, and E.O. 13563, Improving 

Regulation and Regulatory Review, 

direct Federal agencies to assess all 

costs and benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and equity) 

for all significant regulatory actions. A 

regulatory impact analysis (RIA) must 

be prepared for major rules with 

economically significant effects ($100 

million or more in any one year). Based 

on our analysis, we believe the 

proposed rulemaking does not 

constitute a significant or economically 

significant regulatory action. 

Executive Order 13132 

Executive Order 13132, Federalism, 

requires Federal agencies to consult 

with State and local government 

officials in the development of 

regulatory policies and with federalism 

implications. We have reviewed the 

proposed rule as required under the 

Order and have determined that it will 

not have a significant potential negative 

impact on States, in the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government does not 

have any federalism implications. The 

Secretary asserts that this proposed rule 

will not have effect on the States or on 

the distribution of power and 

responsibilities among the various 

levels of government. 

Regulatory Flexibility Act 

The Regulatory Flexibility Act (5 

U.S.C. 601–612) requires Federal 

agencies to analyze regulatory options 

that would minimize any significant 

impact of the rule on small entities. For 

the purpose of this analysis, small 

entities include small business concerns 

as defined by the Small Business 

Administration (SBA), usually 

businesses with fewer than 500 

employees. The Secretary asserts that 

the proposed rule will not create a 

significant economic impact on a 

substantial number of small entities, 

and therefore a regulatory flexibility 

analysis, is not required. 

Unfunded Mandates Act of 1995 

Section 202(a) of the Unfunded 

Mandates Reform Act of 1995 requires 

Federal agencies to prepare a written 

statement which includes an assessment 

of anticipated costs and benefits before 

proposing ‘‘any rule that includes any 

Federal mandate that may result in the 

expenditure by State, local, and tribal 

organizations, in the aggregate, or by the 

private sector, of $100,000,000 or more 

(adjusted annually for inflation with 

base year of 1995) in any one year.’’ The 

current inflation-adjusted statutory 

threshold is approximately $156 million 

based on the Bureau of Labor Statistics 

inflation calculator. This rule will not 

result in a one-year expenditure that 

would meet or exceed that amount. 

Paperwork Reduction Act 

This proposed rule does not contain 

any information collection requirements 

which are subject to Office of 

Management and Budget (OMB) 

approval under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 

chapter 35). 

List of Subjects in 45 CFR Part 3 

Conduct, Federal buildings and 

facilities, Government property, Traffic 

regulations, Firearms. 

For reasons presented in the 

preamble, it is proposed to amend title 

45 of the Code of Federal Regulations by 

revising Part 3, as set forth below. 

PART 3—CONDUCT OF PERSONS 

AND TRAFFIC ON THE NATIONAL 

INSITUTES OF HEALTH FEDERAL 

ENCLAVE 

■ 1. The authority citation for part 3 

continues to read as follows: 

Authority: 40 U.S.C. 318–318d. 486; 

Delegation of Authority, 33 FR 604. 

§ 3.4 [Amended] 

■ 2. Amend § 3.4 by removing the last 

sentence of the paragraph. 

■ 3. Amend § 3.42 by revising the last 

sentence in paragraph (b) and paragraph 

(f) to read as follows: 

§ 3.42 Restricted activities. 

* * * * * 

(b) * * * The use of a service animal 

by a person with a disability to assist 

that person is authorized. 

* * * * * 

(f) Smoking. Except as part of an 

approved medical research protocol, a 

person may not smoke on the enclave. 

* * * * * 

■ 4. Amend § 3.61 by revising paragraph 

(a) to read as follows: 

§ 3.61 Penalties. 

(a) A person found guilty of violating 

any provision of the regulations in this 

part is subject to a fine or imprisonment 

of not more than thirty days or both, for 

each violation (U.S. Pub. L. 107–296, 

Homeland Security Act of 2002). 

* * * * * 

Xavier Becerra, 

Secretary, Department of Health and Human 

Services. 

[FR Doc. 2022–02859 Filed 2–25–22; 8:45 am] 

BILLING CODE 4140–01–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 212, 225, and 252 

[Docket DARS–2022–0003] 

RIN 0750–AL18 

Defense Federal Acquisition 

Regulation Supplement: United StatesMexico-Canada Agreement (DFARS 

Case 2020–D032) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Proposed rule. 

SUMMARY: DoD is proposing to amend 

the Defense Federal Acquisition 

Regulation Supplement (DFARS) to 

implement the United States-MexicoCanada Agreement Implementation Act. 

DATES: Comments on the proposed rule 

should be submitted in writing to the 

address shown below on or before May 

27, 2022, to be considered in the 

formation of a final rule. 

ADDRESSES: Submit comments 

identified by DFARS Case 2020–D032, 

using any of the following methods: 

Æ Federal eRulemaking Portal: 

https://www.regulations.gov. Search for 

‘‘DFARS Case 2020–D032.’’ Select 

‘‘Comment’’ and follow the instructions 

to submit a comment. Please include 

‘‘DFARS Case 2020–D032’’ on any 

attached documents. 

Æ Email: osd.dfars@mail.mil. Include 

DFARS Case 2020–D032 in the subject 

line of the message. 

Comments received generally will be 

posted without change to https://

www.regulations.gov, including any 

personal information provided. To 

confirm receipt of your comment(s), 

please check https://

www.regulations.gov, approximately 

two to three days after submission to 

verify posting. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Kimberly Bass, telephone 571–372– 

6174. 

SUPPLEMENTARY INFORMATION: 


khammond on DSKJM1Z7X2PROD with PROPOSALS