10998 Federal Register / Vol. 87, No. 39 / Monday, February 28, 2022 / Proposed Rules 

Class A, B, C, D, and E airspace areas, 

air traffic service routes, and reporting 

points. 

Background 

The FAA published a notice of 

proposed rulemaking for Docket No. 

FAA–2021–1079 in the Federal Register 

(86 FR 70771; December 13, 2021) to 

amend jet routes J–20, J–31, J–41, and J– 

73; and to remove J–69, and high 

altitude RNAV route Q–63. However, 

the details of the J–73 amendment were 

inadvertently left out of the NPRM. This 

SNPRM adds the amendment of J–73 to 

Docket No. FAA–2021–1079. 

The Proposal 

The FAA is proposing an amendment 

to 14 CFR part 71 to amend jet route J– 

73 in the eastern United States. This 

action supports the FAA’s VOR MON 

program. 

The proposed route change is as 

follows: 

J–73: J–73 currently extends between 

the La Grange, GA, (LGC) VOR and 

Tactical Air Navigational System 

(VORTAC) and the Northbrook, IL, 

(OBK) VOR/Distance Measuring 

Equipment (VOR/DME). This action 

proposes to remove the La Grange 

VORTAC, and the segment between La 

Grange and Nashville, TN, from the 

route. As amended, J–73 would extend 

from Nashville, TN; Pocket City, IN; to 

Northbrook, IL. 

Jet routes are published in paragraph 

2004 of FAA Order JO 7400.11F dated 

August 10, 2021, and effective 

September 15, 2021, which is 

incorporated by reference in 14 CFR 

71.1. The jet route listed in this 

document would be subsequently 

amended in FAA Order JO 7400.11 

FAA Order JO 7400.11, Airspace 

Designations and Reporting Points, is 

published yearly and effective on 

September 15. 

Regulatory Notices and Analyses 

The FAA has determined that this 

proposed regulation only involves an 

established body of technical 

regulations for which frequent and 

routine amendments are necessary to 

keep them operationally current. It, 

therefore: (1) Is not a ‘‘significant 

regulatory action’’ under Executive 

Order 12866; (2) is not a ‘‘significant 

rule’’ under Department of 

Transportation (DOT) Regulatory 

Policies and Procedures (44 FR 11034; 

February 26, 1979); and (3) does not 

warrant preparation of a regulatory 

evaluation as the anticipated impact is 

so minimal. Since this is a routine 

matter that will only affect air traffic 

procedures and air navigation, it is 

certified that this proposed rule, when 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

Environmental Review 

This proposal will be subject to an 

environmental analysis in accordance 

with FAA Order 1050.1F, 

‘‘Environmental Impacts: Policies and 

Procedures’’ prior to any FAA final 

regulatory action. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Proposed Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend 14 CFR part 71 as 

follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for part 14 

CFR 71 continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g); 40103, 

40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 

1959–1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of FAA Order JO 7400.11F, 

Airspace Designations and Reporting 

Points, dated August 10, 2021, and 

effective September 15, 2021, is 

amended as follows: 

Paragraph 2004 Jet Routes. 

* * * * * 

J–73 [Amended] 

From Nashville, TN; Pocket City, IN; to 

Northbrook, IL. 

* * * * * 

Issued in Washington, DC, on February 16, 

2022. 

Michael R. Beckles, 

Manager, Rules and Regulations Group. 

[FR Doc. 2022–04066 Filed 2–25–22; 8:45 am] 

BILLING CODE 4910–13–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2021–0395; FRL–9563–01– 

R4] 

Air Plan Approval; Kentucky; 

Emissions Statement Requirements for 

the 2015 8-Hour Ozone Standard 

Nonattainment Areas 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

State Implementation Plan (SIP) 

revision submitted to EPA by the 

Commonwealth of Kentucky through 

the Kentucky Division for Air Quality 

(KDAQ) on October 15, 2020. The 

proposed changes were submitted by 

KDAQ to address the emissions 

statement requirements for the 2015 8- 

hour ozone national ambient air quality 

standards (NAAQS) for Kentucky 

counties in the Cincinnati, OhioKentucky 2015 8-hour ozone NAAQS 

nonattainment area (Cincinnati, OH-KY 

Area), and for some of the Kentucky 

counties in the Louisville, KentuckyIndiana 2015 8-hour ozone NAAQS 

nonattainment area (Louisville, KY-IN 

Area). Specifically, EPA is proposing to 

approve the emissions statement 

requirements for portions of Boone, 

Campbell, and Kenton Counties in the 

Cincinnati, OH-KY Area, and Bullitt and 

Oldham Counties in the Louisville, KYIN Area. EPA will consider and take 

action, or has considered and taken 

action, on submissions addressing the 

emissions statement requirements for 

the remaining counties in these two 

nonattainment areas, including the 

Jefferson County, Kentucky portion of 

the Louisville, KY-IN Area, in separate 

rulemakings. EPA is proposing approval 

pursuant to the Clean Air Act (CAA or 

Act). 

DATES: Comments must be received on 

or before March 30, 2022. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2021–0395 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 


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Federal Register / Vol. 87, No. 39 / Monday, February 28, 2022 / Proposed Rules 10999 

1The Cincinnati, OH-KY Area consists of the 

following counties: Boone (Partial), Campbell 

(Partial), Kenton (Partial), in Kentucky and the 

entire counties of Butler, Clermont, Hamilton, and 

Warren in Ohio. EPA has taken action on the 2015 

8-hour ozone NAAQS nonattainment area 

emissions statement requirements for the entire 

counties of Butler, Clermont, Hamilton, and Warren 

in Ohio in a separate action. See 86 FR 12270 

(March 3, 2021). 

2The Louisville, KY-IN Area consists of Bullitt, 

Jefferson, and Oldham Counties in Kentucky and 

Clark and Floyd Counties in Indiana. EPA has 

proposed action on the 2015 8-hour ozone NAAQS 

emissions statement requirements for the Jefferson 

County, Kentucky portion of the Louisville, KY-IN 

area in a separate proposed rulemaking, see 87 FR 

2101 (January 13, 2022), and will take action on the 

emissions statement requirements for Clark and 

Floyd Counties in Indiana in a separate rulemaking. 

3The SIP Requirements Rule addresses a range of 

nonattainment area SIP requirements for the 2015 

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. 

4 KDAQ’s transmittal letter for the October 15, 

2020, SIP revision was dated October 15, 2020, and 

submitted to EPA on October 16, 2020. 

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: 

I. Background 

On October 1, 2015, EPA promulgated 

a 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 fourth-highest 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 fourthhighest 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 June 4, 2018 (effective 

August 3, 2018), EPA designated the 7- 

county Cincinnati, OH-KY Area as a 

Marginal ozone nonattainment area for 

the 2015 8-hour ozone NAAQS.1 Also 

on June 4, 2018 (effective August 3, 

2018), EPA designated the 5-county 

Louisville, KY-IN Area as a Marginal 

ozone nonattainment area for the 2015 

8-hour ozone NAAQS.2 The Cincinnati, 

OH-KY Area and the Louisville, KY-IN 

Area were designated nonattainment for 

the 2015 8-hour Ozone NAAQS using 

2014–2016 ambient air quality data. See 

83 FR 25776. 

On December 6, 2018, EPA finalized 

a rule entitled ‘‘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.3 See 83 FR 62998. 

This rule establishes nonattainment area 

attainment dates based on Table 1 of 

section 181(a) of the CAA, including an 

attainment date 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 October 15, 2020,4 Kentucky 

submitted a SIP revision addressing the 

emissions statement requirements 

related to the 2015 8-hour ozone 

NAAQS for the Kentucky portion of the 

Cincinnati, OH-KY Area and for Bullitt 

and Oldham Counties in the Kentucky 

portion of the Louisville, KY-IN Area. 

EPA is proposing to approve the 

October 15, 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. 

Due to previous nonattainment ozone 

designations, Kentucky has an existing 

emissions statement program. The 

October 15, 2020, SIP revision includes 

Kentucky’s certification that the 

following SIP-approved regulations 

contain provisions that meet the 

emissions statement requirements of 

CAA section 182(a)(3)(B) for the 2015 8- 

hour ozone NAAQS and that the 

Commonwealth continues to operate 

under these approved provisions: 401 

Kentucky Administrative Regulations 

(KAR) 52:020, Sections 22 and 23; 401 


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11000 Federal Register / Vol. 87, No. 39 / Monday, February 28, 2022 / Proposed Rules 

5EPA notes that, in addition to the provisions 

identified in Kentucky’s October 15, 2020, SIP 

revision, the following are also SIP-approved and 

apply to ozone nonattainment areas: the entirety of 

401 KAR 52:030; and relevant provisions of 401 

KAR 52:040, Sections 20 and 21. See 81 FR 4896 

(January 28, 2016). 

6EPA’s 2016 approval of Kentucky’s emissions 

statement program pertained to the Kentucky 

portion of the 2008 Cincinnati, OH-KY Area, but the 

Kentucky regulations approved in that 2016 action 

apply to all ozone nonattainment areas in 

Kentucky’s jurisdiction, which include the counties 

and partial counties in the 2015 Cincinnati, OH-KY 

and Louisville, KY-IN Areas that are within 

Kentucky’s jurisdiction. 

7CAA 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.’’ 

8To access EPA’s NEI, please visit: U.S. EPA, 

National Emissions Inventory (NEI), https://

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

KAR 52:030, Sections 3 and 22; 401 

KAR 52:040 Section 3; and 401 KAR 

52:070 Section 3.5 On January 28, 2016, 

EPA approved Kentucky’s emissions 

statement program, which applies to 

sources located in ozone nonattainment 

areas.6 See 81 FR 4896. The regulatory 

sections identified in the October 15, 

2020 submittal require sources that emit 

25 tons per year or more of VOC or NOX

within the Kentucky portion of the 

Cincinnati, OH-KY Area and the 

Kentucky portion of the Louisville, KYIN Area, not including Jefferson County, 

to submit annual certified statements 

showing actual VOC and NOX

emissions. EPA has preliminarily 

determined that the specific regulatory 

sections identified in the October 15, 

2020, submittal, collectively, coupled 

with the waiver for stationary sources 

emitting less than 25 tpy of NOX or VOC 

discussed in the two paragraphs below, 

meet the emissions statement 

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

As allowed by CAA section 

182(a)(3)(B)(ii), Kentucky 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), 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 Cincinnati, OH-KY Area and the 

Louisville, KY-IN Area are 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.7 To comply with CAA 

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

submit periodic emissions inventories, 

Kentucky submits NOX and VOC 

emissions data to EPA’s National 

Emissions Inventory (NEI) 8 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 

Kentucky’s emissions statement 

regulations meet the requirements under 

CAA section 182(a)(3)(B) and the SIP 

Requirements Rule for the 2015 8-hour 

ozone NAAQS for the entire Kentucky 

portion of the Cincinnati, OH-KY Area 

and the Bullitt County, Kentucky and 

Oldham County, Kentucky portion of 

the Louisville, KY-IN Area. 

III. Proposed Action 

EPA is proposing to approve 

Kentucky’s October 15, 2020, SIP 

revision addressing the emissions 

statement requirements for the 2015 8- 

hour ozone NAAQS for portions of 

Boone, Campbell, and Kenton Counties 

in the Cincinnati, OH-KY 2015 8-hour 

ozone nonattainment area, and Bullitt 

and Oldham Counties in the Louisville, 

KY-IN 2015 8-hour ozone 

nonattainment area. EPA is proposing to 

find that the Commonwealth’s 

submission meets the requirements of 

sections 110 and 182 of the CAA. 

IV. 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 

• 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. 


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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). 


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