Federal Register / Vol. 87, No. 74 / Monday, April 18, 2022 / Proposed Rules 22843 

TABLE 1 TO § 80.1426(f)(1)—APPLICABLE D CODES FOR EACH FUEL PATHWAY FOR USE IN GENERATING RINS— 

Continued 

Fuel type Feedstock Production process requirements D-code 

H ....... Biodiesel, renewable 

diesel, jet fuel, and 

heating oil.

Soy bean oil; Oil from annual covercrops; Oil 

from algae grown photosynthetically; Biogenic 

waste oils/fats/greases; Non-food grade corn 

oil; Camelina sativa oil; Distillers sorghum oil; 

Canola/Rapeseed oil.

One of the following: Transesterification with or 

without esterification pre-treatment, or 

Hydrotreating; includes only processes that 

co-process renewable biomass and petroleum.

5 

I ......... Naphtha, LPG ............... Camelina sativa oil; Distillers sorghum oil; 

Canola/Rapeseed oil.

Hydrotreating ....................................................... 5 

* * * * * * * 

* * * * * 

[FR Doc. 2022–07598 Filed 4–15–22; 8:45 am] 

BILLING CODE 6560–50–P 

AGENCY FOR INTERNATIONAL 

DEVELOPMENT 

48 CFR Parts 726, 729, 731 and 752 

RIN 0412–AB04 

United States Agency for International 

Development (USAID) Acquisition 

Regulation (AIDAR): Foreign Tax 

Reporting, Conference Planning, and 

Trade and Investment Activities 

AGENCY: U.S. Agency for International 

Development. 

ACTION: Proposed rule. 

SUMMARY: The United States Agency for 

International Development (USAID) 

proposes to amend its Acquisition 

Regulation (AIDAR) regarding 

contractor requirements on foreign tax 

reporting, conference planning, and 

trade and investment activities. These 

revisions are intended to bring the 

AIDAR into compliance with revised 

Agency policies and procedures and 

statutory requirements. 

DATES: Interested parties should submit 

written comments at one of the 

addresses shown below on or before 

June 17, 2022 to be considered in the 

formation of the final rule. 

ADDRESSES: Submit comments, 

identified by the title of the action and 

Regulatory Information Number (RIN) 

through the Federal eRulemaking Portal 

at https://www.regulations.gov by 

following the instructions for submitting 

comments. Please include your name, 

company name (if any), and ‘‘0412– 

AB04’’ on any attachments. If your 

comment cannot be submitted using 

https://www.regulations.gov, please 

email the point of contact in the FOR

FURTHER INFORMATION CONTACT section of 

this document for alternate instructions. 

FOR FURTHER INFORMATION CONTACT: 

Kelly Miskowski, USAID/M/OAA/P, 

policymailbox@usaid.gov. 

SUPPLEMENTARY INFORMATION: 

A. Instructions 

All comments must be in writing and 

submitted through the method specified 

in the ADDRESSES section above. All 

submissions must include the title of 

the action and RIN for this rulemaking. 

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 

at http://www.regulations.gov for public 

review without change, including any 

personal information provided. We 

recommend that you do not submit 

information that you consider 

Confidential Business Information (CBI) 

or any information that is otherwise 

protected from disclosure by statute. 

USAID will only address substantive 

comments on the rule. USAID may not 

consider comments that are 

insubstantial or outside the scope of the 

proposed rule. 

B. Background 

Several parts in the AIDAR are 

outdated and no longer comply with 

statutory requirements or current agency 

policies and procedures. USAID 

proposes to amend the AIDAR as 

follows: 

1. 48 CFR part 726, subpart 726.71 

Relocation of U.S. Businesses, 

Assistance to Export Processing Zones, 

Internationally Recognized Workers’ 

Rights refers to agency Policy 

Determination (PD) 20, ‘‘Guidelines to 

Assure USAID Programs do not Result 

in the Loss of Jobs in the U.S.’’ PD 20 

was replaced in agency policy by 

Automated Directives System (ADS) 

Chapter 225, Program Principles for 

Trade and Investment Activities and the 

‘‘Impact on U.S. Jobs’’ and ‘‘Workers’ 

Rights.’’ ADS 225 is available at https:// 

www.usaid.gov/ads/policy/200/225. 

USAID proposes amending the AIDAR 

to revise subpart 726.71 to prescribe 

when to include a new clause in section 

752.226–70 in a solicitation and 

contract. 

ADS 225 mandates that requiring 

offices and planners perform the 

necessary analyses to ensure that 

USAID-funded ‘‘trade and investment’’ 

activities do not: (a) Provide financial 

incentives and other assistance for U.S. 

companies to relocate operations abroad 

if it is likely to result in the loss of U.S. 

jobs; (b) Contribute to violations of 

internationally recognized workers’ 

rights defined in 19 U.S.C. 2467(4); (c) 

Provide financial incentives for entities 

located outside the United States to 

relocate or transfer jobs from the United 

States to other countries or provide 

financial incentives that would 

adversely affect the labor force in the 

United States; and/or (d) Provide 

assistance for enforcement of certain 

rules if the enforcement would prohibit 

certain coal-fired or other powergeneration projects. If the analyses 

conclude that the activity is a ‘‘grayarea’’ as described in that chapter, and 

the contract statement of work includes 

either gray-area activities or investmentrelated activities where specific 

activities are not identified at the time 

of obligation but could be for 

investment-related activities, as 

described in ADS Chapter 225, then the 

requiring office will provide the 

contracting officer with a clause 

substantially the same as new section 

752.226–70 to include in the solicitation 

and resulting contract. 

2. USAID proposes to amend AIDAR 

Section 729.402–70 and the 

corresponding clause in 752.229–71 to 

update them to comply with current 

statutory requirements. The annual 

Department of State, Foreign 

Operations, and Related Programs 

Appropriations Act (SFOAA) mandates 

that agencies take certain actions to 

prevent taxation of foreign assistance 

provided with funds appropriated in an 

SFOAA, or to obtain full reimbursement 

of all taxes paid. 


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22844 Federal Register / Vol. 87, No. 74 / Monday, April 18, 2022 / Proposed Rules 

Consistent with the statutory 

requirements, the AIDAR includes a 

clause requiring contractors to annually 

report the amount of foreign taxes 

assessed against foreign assistance 

funding during the preceding fiscal year 

and not reimbursed. The AIDAR 

reporting requirement has not been 

updated to reflect the changes Congress 

made to the foreign tax provision in 

2014, specifically the revisions to the 

definition of ‘‘foreign taxes’’ and the 

types of transactions subject to the 

reporting requirements. The statutory 

definition of that term now includes all 

types of taxes imposed by the foreign 

government, including but not limited 

to value added taxes (VAT) and customs 

duties, but excluding individual income 

taxes assessed to local staff. Consistent 

with the current version of the SFOAA, 

the types of reportable transactions are 

expanded from ‘‘commodity purchase 

transactions’’ to all taxes assessed, with 

the exception of any foreign tax of a de 

minimis nature. 

3. Section 731.205–43 and the 

corresponding clause in 752.231–72 are 

amended to include the current agency 

policy and procedures for funding 

conference costs in USAID contracts. 

USAID proposes adding new sections 

731.374 and 731.775 to include these 

approval policies and procedures in the 

cost principles for contracts with 

educational institutions and nonprofit 

organizations, respectively. USAID 

policy on conferences is in ADS 580 

Conference Planning and Attendance, 

which is available at https://

www.usaid.gov/ads/policy/500/580. 

USAID has revised ADS 580 several 

times since the AIDAR was initially 

amended to add these two sections; the 

most recent revision was in February 

2021 and reduced the number of USAID 

employees attending a conference that 

triggers the requirement for the 

contractor to obtain the agency’s prior 

approval from 20 to 10. This proposed 

rule includes this number, retains the 

current requirement for the contractor to 

obtain approval when the net 

conference expenses by USAID will 

exceed $100,000, and revises both 

sections for clarity. 

C. Regulatory Planning and Review 

Executive Orders (E.O.s) 12866, 

Regulatory Planning and Review, and 

13563, Improving Regulation and 

Regulatory Review, direct 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). E.O. 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. This rule has been 

determined ‘‘nonsignificant’’ under E.O. 

12866. This rule is not a major rule 

under 5 U.S.C. 804. 

D. Regulatory Flexibility Act 

USAID does not expect this proposed 

rule to have a significant economic 

impact on a substantial number of small 

entities within the meaning of the 

Regulatory Flexibility Act, 5 U.S.C. 601, 

et seq. Therefore, an Initial Regulatory 

Flexibility Analysis has not been 

performed. 

E. Paperwork Reduction Act 

The Paperwork Reduction Act (44 

U.S.C. chapter 35) applies. The 

proposed rule contains information 

collection requirements. Accordingly, 

USAID has submitted a request for 

approval of a new information 

collection requirement concerning this 

rule to the Office of Management and 

Budget. 

The outlined information collections 

are an element of a proposed rule that 

implements USAID requirements for 

reporting foreign tax and conference 

planning. The proposed rule will amend 

AIDAR Section 729.402–70 and the 

corresponding clause in 752.229–71 to 

align foreign tax reporting requirements 

with relevant statutory requirements 

(Collection 1); Section 731.205–43 and 

the corresponding clause in 752.231–72; 

and add new sections 731.374 and 

731.775 (Collection 2). These last two 

revisions are to align the AIDAR with 

USAID’s conference planning policy. 

1. Request for Comments Regarding 

Paperwork Burden 

Submit comments, including 

suggestions for reducing this burden, 

not later than June 17, 2022 using the 

method specified in the ADDRESSES

section above. 

Public comments are particularly 

invited on: Whether this collection of 

information is necessary for the proper 

performance of functions of the AIDAR, 

and will have practical utility; whether 

our estimate of the public burden of this 

collection of information is accurate, 

and based on valid assumptions and 

methodology; ways to enhance the 

quality, utility, and clarity of the 

information to be collected; and ways in 

which we can minimize the burden of 

the collection of information on those 

who are to respond, through the use of 

appropriate technological collection 

techniques or other forms of information 

technology. 

Requesters may obtain a copy of the 

supporting statement by contacting 

policymailbox@usaid.gov. Please cite 

RIN Number 0412–AB04 in all 

correspondence. 

2. Abstract for Collection 

Collection 1 

The public reporting burden for this 

collection of information is estimated as 

follows: 

Respondents: 900. 

Responses per respondent: 1. 

Total annual responses: 900. 

Preparation hours per response: 1. 

Total response burden hours: 900. 

Collection 2 

The public reporting burden for this 

collection of information is estimated as 

follows: 

Respondents: 20. 

Responses per respondent: 1. 

Total annual responses: 20. 

Preparation hours per response: 2. 

Total response burden hours: 40. 

List of Subjects in 48 CFR Chapter 7 

Parts 726, 729, 731 and 752 

Government procurement. 

For the reasons discussed in the 

preamble, USAID proposes to amend 48 

CFR Chapter 7 as set forth below: 

■ 1. The authority citation for 48 CFR 

Chapter 7 parts 726, 729, 731, and 752 

continues to read as follows: 

Authority: Sec. 621, Pub. L. 87–195, 75 

Stat. 445, (22 U.S.C. 2381) as amended; E.O. 

12163, Sept. 29, 1979, 44 FR 56673; and 3 

CFR 1979 Comp., p. 435. 

■ 2. The authority citation for 48 CFR 

Chapter 7 part 729 is revised to read as 

follows: 

Authority: Sec. 621, Pub. L. 87–195, 75 

Stat. 445, (22 U.S.C. 2381) as amended; E.O. 

12163, Sept. 29, 1979, 44 FR 56673; and 3 

CFR 1979 Comp., p. 435. 

PART 726–OTHER SOCIOECONOMIC 

PROGRAMS 

Subpart 726.71—Trade and Investment 

Activities, the ‘‘Impact on U.S. Jobs’’ 

and ‘‘Workers’ Rights’’. 

■ 3. Revise § 726.7101 to read as 

follows: 

726.7101 Trade and Investment Activities 

and the ‘‘Impact on U.S. Jobs’’. 

(a) Policy. USAID policy and required 

procedures in ADS 225 Program 

Principles for Trade and Investment 

Activities and the ‘‘Impact on U.S. Jobs’’ 

and ‘‘Workers’ Rights’’ implement 

statutory prohibitions on obligation and 

expenditure of appropriated funds. ADS 

225 requires Agency operating units to 

analyze a project or activity to ensure 


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Federal Register / Vol. 87, No. 74 / Monday, April 18, 2022 / Proposed Rules 22845 

compliance with U.S. foreign policy 

objectives as stated in Section 601 of the 

Foreign Assistance Act (FAA) of 1961, 

as amended; the U.S. Government’s 

trade and development objectives set 

forth in trade legislation; and related 

policy documents. If the analysis 

concludes that the project or activity 

meets the criteria for what the ADS 

chapter describes as ‘‘gray-area 

activities’’ or if the contract statement of 

work has the potential to evolve into 

what the chapter defines as a prohibited 

activity, then the planner must include 

in the procurement request language 

appropriately tailored to the specific 

circumstances for the contract statement 

of work. 

(b) Special contract requirement. The 

contracting officer must insert in 

Section H of the uniform contract format 

a clause substantially the same as the 

clause in 752.226–70 when informed by 

the requesting operating unit that the 

statement of work or statement of 

objectives includes gray-area activities 

or investment-related activities where 

specific activities are not identified at 

the time of obligation but could be for 

investment-related activities, as 

described in ADS Chapter 225. 

§ 726.7102 [Removed] 

■ 4. Remove § 726.7102. 

PART 729—TAXES 

Subpart 729.4—Contract Clauses 

■ 5. Revise § 729.402–70 to read as 

follows: 

729.402–70 Foreign contracts. 

(a) The annual Department of State, 

Foreign Operations, and Related 

Programs Appropriations Act (SFOAA) 

requires USAID to take certain steps to 

prevent countries from imposing taxes, 

including value added tax (VAT) and 

customs duties, on U.S. foreign 

assistance, or if imposed, requires the 

countries to reimburse the assessed 

taxes or duties. The SFOAA also 

requires certain reporting to Congress on 

host country taxation. Because countries 

imposing such taxes assess them 

directly on contractors, USAID requires 

contractors to report annually on 

whether taxes have been imposed and, 

if so, whether the foreign government 

reimbursed the taxes. 

(b) The contracting officer must insert 

the clause at § 752.229–71, Reporting of 

Foreign Taxes in solicitations and 

resulting contracts when: 

(1) A contract is fully or partially 

funded with funds appropriated under 

titles III through VI of an SFOAA 

making appropriations for the 

Department of State, foreign operations, 

and related programs, and 

(2) the contract is to be performed 

wholly or partly in a foreign country. 

PART 731—CONTRACT COST 

PRINCIPLES AND PROCEDURES 

Subpart 731.2—Contracts with 

Commercial Organizations 

■ 6. Revise § 731.205–43 to read as 

follows: 

731.205–43 Trade, business, technical and 

professional activity costs—USAID 

conference approval requirements. 

(a) Definitions. As used in this 

section— 

Conference means a seminar, meeting, 

retreat, symposium, workshop, training 

activity or other such event that is 

funded in whole or in part by USAID. 

Net conference expense means the 

total conference expenses excluding: 

Any fees or revenue received by the 

Agency through the conference, costs to 

ensure the safety of attending 

governmental officials, and salary of 

USAID employees and USAID personal 

services contractors. 

Personal Services Contractor (PSC) 

means any individual who is awarded a 

personal services contract in accordance 

with AIDAR appendices D or J. 

Temporary duty (TDY) travel means 

official travel at least fifty (50) miles 

from both the traveler’s home and duty 

station for a period exceeding twelve 

(12) hours. 

USAID employee means a USAID 

direct-hire employee or a direct-hire 

federal employee from another U.S. 

government agency detailed to USAID. 

(b) Prior Approval. USAID policy 

requires contractors to obtain 

contracting officer approval of the 

following, unless an exception in 

paragraph (c) of the clause at 752.231– 

72 applies: 

(1) A conference funded in whole, or 

in part, by USAID when ten (10) or more 

USAID employees or personal services 

contractors are required to travel on 

temporary duty status to attend the 

conference; or 

(2) A conference funded in whole, or 

in part, by USAID when the net 

conference expense funded by USAID is 

expected to exceed $100,000, regardless 

of the number of USAID employees or 

USAID personal services contractors 

who will participate in the conference. 

(c) Allowability of Cost. Costs 

associated with a conference that meets 

the criteria above, incurred without 

USAID prior written approval, are 

unallowable. 

(d) Solicitation Provision and 

Contract Clause. Contracting officers 

must insert the clause at 752.231–72 in 

all USAID-funded solicitations and 

contracts anticipated to include a 

requirement for a USAID-funded 

conference. 

Subpart 731.3—Contracts With 

Educational Institutions 

■ 7. Add § 731.374 to read as follows: 

731.374 Conference approval 

requirements. 

USAID’s policies regarding 

conference approval requirements are 

set forth in (48 CFR) AIDAR 731.205–43. 

These policies are also applicable to 

contracts with an educational 

institution. 

Subpart 731.7—Contracts With 

Nonprofit Organizations 

■ 8. Add § 731.775 to read as follows: 

731.775 Conference approval 

requirements. 

USAID’s policies regarding 

conference approval requirements are 

set forth in (48 CFR) AIDAR 731.205–43. 

These policies are also applicable to 

contracts with an educational 

institution. 

PART 752—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

Subpart 752.2—Text of Provisions and 

Clauses 

■ 9. Add § 752.226–70 to read as 

follows: 

752.226–70 Trade and Investment. 

Activities, the ‘‘Impact on U.S. Jobs’’ and 

‘‘Workers’ Rights’’. 

As prescribed in 48 CFR 726.7101(b), 

insert a clause substantially as follows: 

Trade and Investment Activities and 

the ‘‘Impact on U.S. Jobs’’ (Date TBD) 

(a) Except as specifically set forth in 

this contract or otherwise authorized by 

USAID in writing, no funds or other 

support provided under this contract 

may be used for any activity that: 

Provides financial incentives and other 

assistance for U.S. companies to relocate 

operations abroad if it is likely to result 

in the loss of U.S. jobs; contributes to 

violations of internationally recognized 

workers’ rights defined in 19 U.S.C. 

2467(4); or provides financial incentives 

for entities located outside the United 

States to relocate or transfer jobs from 

the United States to other countries or 

provide financial incentives that would 

adversely affect the labor force in the 

United States. 

(b) In the event the Contractor is 

requested to provide services in any of 


khammond on DSKJM1Z7X2PROD with PROPOSALS
22846 Federal Register / Vol. 87, No. 74 / Monday, April 18, 2022 / Proposed Rules 

the above areas or requires clarification 

from USAID as to whether an activity 

would be consistent with the limitation 

set forth above, the Contractor must 

notify the contracting officer and 

provide a detailed description of the 

expected impact of the proposed 

activity. The Contractor must not 

proceed with the activity until advised 

by USAID in writing that it may do so. 

(c) The Contractor must ensure that its 

employees and subcontractors providing 

trade and investment support services 

are made aware of the restrictions set 

forth in this clause and must include 

this clause in all subcontracts. 

[END OF CLAUSE] 

■ 10. Revise § 752.229–71 to read as 

follows: 

752.229–71 Reporting of Foreign Taxes. 

As prescribed in (48 CFR) AIDAR 

729.402–70(b), insert the following 

clause in applicable solicitations and 

resulting contracts. The contracting 

officer must insert the address and point 

of contact at the Embassy, Mission, or 

M/CFO/CMP as appropriate under 

paragraph (d) of this clause. 

Reporting of Foreign Taxes (Date TBD) 

(a) Definitions. As used in this 

clause— 

Foreign government includes any 

foreign governmental entity. 

Foreign taxes include value-added 

taxes and customs duties but not 

individual income taxes assessed to 

local staff. 

Local Staff means Cooperating 

Country National employees. 

(b) Annual report. (1) The Contractor 

must submit a report detailing foreign 

taxes assessed under this contract 

during the prior U.S. government fiscal 

year. The report must be submitted 

annually by April 16. 

(2) A report is required even if the 

Contractor did not pay any foreign taxes 

during the reporting period. A 

cumulative report may be provided if 

the Contractor is performing more than 

one award in the foreign country. 

(c) Contents of report. The report must 

contain: 

(1) Contractor name. 

(2) Contact name with phone number 

and email address. 

(3) Contract number(s). 

(4) Amount of foreign taxes assessed 

by each foreign government (listed 

separately) under this contract during 

the prior U.S. Government fiscal year. 

(i) Taxes assessed on any individual 

transaction of less than $500 should not 

be reported. 

(ii) The contractor must report only 

foreign taxes assessed by a foreign 

government receiving U.S. assistance 

under this contract. The Contractor 

must not report on foreign taxes 

assessed by a third-party foreign 

government. 

(5) Any reimbursements of foreign 

taxes received by the Contractor on the 

taxes reported in paragraph (c)(4) of this 

clause received through the date of the 

report. 

(d) Submission of report. The 

Contractor must submit the report to: 

[Contracting Officer must insert address 

and point of contact at the Embassy or 

Mission in the country in which the 

contract will be performed, or CFO/CMP 

for USAID/W-issued contracts, as 

appropriate], with a copy to the 

Contracting Officer’s Representative. 

(e) Subcontracts. The Contractor must 

include this reporting requirement in all 

subcontracts issued under this contract. 

The Contractor shall collect and 

incorporate into the Contractor’s report 

all information received from 

subcontractors pursuant to this clause. 

(End of clause) 

■ 11. Revise § 752.231–71 to read as 

follows: 

752.231–72 Conference planning and 

required approval. 

As prescribed in (48 CFR) AIDAR 

731.205–43(d), insert the following 

clause in section H of all USAID-funded 

solicitations and contracts anticipated to 

include a requirement for a USAIDfunded conference. 

Conference Planning and Required 

Approval (Date TBD) 

(a) Definitions. As used in this 

clause— 

Conference means a seminar, meeting, 

retreat, symposium, workshop, training 

activity or other such event that is 

funded in whole or in part by USAID. 

Net conference expense means the 

total conference expenses excluding: 

Any fees or revenue received by the 

Agency through the conference, costs to 

ensure the safety of attending 

governmental officials, and salary of 

USAID employees and USAID personal 

services contractors. 

Personal Services Contractor (PSC) 

means any individual who is awarded a 

personal services contract in accordance 

with AIDAR appendices D or J. 

Temporary duty (TDY) travel means 

official travel at least fifty (50) miles 

from both the traveler’s home and duty 

station for a period exceeding twelve 

(12) hours. 

USAID employee means a USAID 

direct-hire employee or a direct-hire 

federal employee from another U.S. 

government agency detailed to USAID. 

(b) Prior Approval. Unless an 

exception in paragraph (c) applies, the 

Contractor must obtain prior written 

approval from the contracting officer at 

least 30 days prior to committing costs, 

for the following: 

(1) A conference funded in whole or 

in part by USAID when ten (10) or more 

USAID employees or Personal Services 

Contractors are required to travel on 

temporary duty status to attend the 

conference; or 

(2) A conference funded in whole or 

in part by USAID and attended by 

USAID employees or USAID Personal 

Services Contractors, when the net 

conference expense funded by USAID is 

expected to exceed $100,000, regardless 

of the number of USAID participants. 

(c) Exceptions. Prior USAID approval 

is not required for the following: 

(1) Co-creation conferences to 

facilitate the design of programs or 

procurements. 

(2) Events funded and scheduled by 

the Center for Professional Development 

within the USAID Office of Human 

Capital and Talent Management. 

(3) A single course presented by an 

instructor conducted at a U.S. 

Government training facility (including 

the Washington Learning Center or 

other USAID training facilities), a 

commercial training facility, or other 

venue if a U.S. Government training 

facility is not available. 

(4) Conferences conducted at a U.S. 

Government facility or other venue not 

paid directly or indirectly by USAID, 

when travel of USAID employees or 

USAID Personal Services Contractors, 

light refreshments and, if applicable, 

costs associated with participation of 

the contractor’s staff are the only direct 

costs associated with the event. 

(d) Allowability of Cost. Costs 

associated with a conference that meet 

the criteria above, incurred without 

USAID prior written approval, are 

unallowable. 

(e) Post-Award. Conferences approved 

at the time of award will be 

incorporated into the contract. The 

contractor must submit subsequent 

requests for approval of conferences on 

a case-by-case basis, or requests for 

multiple conferences may be submitted 

at one time. 

(f) Documentation. Requests for 

approval of a conference that meets the 

criteria in paragraphs (b) of this section 

must include: 

(1) A brief summary of the proposed 

event; 

(2) A justification for the conference 

and alternatives considered, e.g., 

teleconferencing and videoconferencing; 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 87, No. 74 / Monday, April 18, 2022 / Proposed Rules 22847 

1See, e.g., Executive Order 13610, Identifying and 

Reducing Regulatory Burdens, 77 FR 28469, May 

10, 2012; Executive Order 13563, Improving 

Regulation and Regulatory Review, 76 FR 3821, Jan. 

21, 2011. 

2FRA currently oversees 68 glazing-related 

waivers issued to 58 different railroads and 

involving equipment built or rebuilt before July 1, 

1980. FRA has placed a list of these waivers in the 

docket. FRA monitors a railroad’s compliance with 

each waiver and upon request, FRA reviews 

existing waivers for possible renewal every five 

years. Table D provides the number of waivers that 

will be reviewed for renewal during the next 10 

years. 

3FRA accident and incident data from 1990 to the 

present confirms railroad equipment operating 

under waiver has sustained four acts of vandalism 

over the period with no injuries or casualties and 

the glazing performed satisfactorily. 

4Notably, existing waivers could potentially be 

codified through the rulemaking process, as 

proposed here, or they could be codified through 

legislation. 

(3) The estimated budget by line item 

(e.g., travel and per diem, venue, 

facilitators, meals, equipment, printing, 

access fees, ground transportation); 

(4) A list of USAID employees or PSCs 

attending and a justification for each, 

and the number of other USAID-funded 

participants (e.g., contractor personnel); 

(5) A cost comparison for at least 

three potential venues (including a U.S. 

Government owned or leased facility) 

and a justification if the lowest cost 

facility is not selected; 

(6) If meals will be provided to local 

USAID employees or PSCs (a local 

employee would not be in travel status), 

a statement on whether the meals are a 

necessary expense to support the 

conference objectives; and 

(7) A statement signed by an 

employee of the Contractor with 

authority to bind the Contractor, 

confirming that strict fiscal 

responsibility has been exercised in 

making decisions regarding conference 

expenditures, the proposed costs are 

comprehensive and represent the 

greatest cost advantage to the U.S. 

Government, and that the proposed 

conference representation has been 

limited to the minimum number 

necessary to support the conference 

objectives. 

(End of clause) 

Luis Rivera, 

Acting Senior Procurement Executive, U.S. 

Agency for International Development. 

[FR Doc. 2022–07786 Filed 4–15–22; 8:45 am] 

BILLING CODE 6116–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

49 CFR Part 223 

[Docket No. FRA–2020–0058; Notice No. 1] 

RIN 2130–AC76 

Safety Glazing Standards; Codifying 

Existing Waivers and Adding Test 

Flexibility 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: FRA proposes to amend its 

Safety Glazing Standards for exterior 

windows on railroad equipment to 

codify long-standing waivers, add a new 

testing option to improve consistency of 

glazing testing, and revise outdated 

section headings. The proposed changes 

would update and clarify existing 

requirements to maintain and, in some 

cases, enhance safety, while reducing 

unnecessary costs. Codification of the 

waivers as proposed is also consistent 

with the Infrastructure Investment and 

Jobs Act, and would enable FRA to more 

efficiently use its inspection resources. 

DATES: Comments on the proposed rule 

must be received by June 17, 2022. 

Comments received after that date will 

be considered to the extent practicable. 

ADDRESSES: 

Comments: Comments related to 

Docket No. FRA–2020–0058 may be 

submitted by going to https://

www.regulations.gov and following the 

online instructions for submitting 

comments. 

Instructions: All submissions must 

include the agency name and docket 

number or Regulatory Identification 

Number (RIN) for this rulemaking. Note 

that all comments received will be 

posted without change to https://

www.regulations.gov; this includes any 

personal information. Please see the 

Privacy Act heading in the 

SUPPLEMENTARY INFORMATION section of 

this document for Privacy Act 

information related to any submitted 

comments or materials. 

Docket: For access to the docket to 

read background documents or 

comments received, go to https://

www.regulations.gov and follow the 

online instructions for accessing the 

docket. 

FOR FURTHER INFORMATION CONTACT: Gary 

Fairbanks, Staff Director, Office of 

Railroad Safety, telephone: 202–493– 

6322, email: gary.fairbanks@dot.gov; or 

Michael Masci, Senior Attorney, Office 

of the Chief Counsel, telephone: 202– 

493–6037, email: michael.masci@

dot.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents for Supplementary 

Information 

I. Executive Summary 

II. Background 

A. Existing Glazing Requirements 

B. FRA Waiver Process and Glazing 

Waivers 

III. Overview and Technical Discussion of 

Proposed Requirements 

A. Proposal To Exclude From Part 223 

Older Equipment Operated at Only Low 

Speeds in Locations With Low Risk of 

Objects Striking Equipment 

B. Proposal To Provide Alternative to 

Existing Large Object Impact Test 

Requiring Use of a Cinder Block 

IV. Section-by-Section Analysis 

V. Regulatory Impact and Notices 

A. Executive Order 12866 

B. Regulatory Flexibility Act and Executive 

Order 13272 

C. Paperwork Reduction Act 

D. Federalism Implications 

E. International Trade Impact Assessment 

F. Environmental Impact 

G. Executive Order 12898 (Environmental 

Justice) 

H. Unfunded Mandates Reform Act of 1995 

I. Energy Impact 

J. Privacy Act Statement 

K. Analysis Under 1 CFR Part 51 

I. Executive Summary 

Purpose of the Regulatory Action 

FRA periodically reviews, and 

proposes amendments to, its regulations 

to identify ways to enhance safety and 

streamline and update regulatory 

requirements. Various Executive orders 

also encourage or require such reviews 

with an emphasis on cost-savings.1 This 

proposed rule would maintain and, in 

some cases, enhance safety, while 

allowing FRA to make better use of its 

inspection resources, and reduce the 

overall regulatory burden on railroads. 

Summary of the Regulatory Action 

The Safety Glazing Standards (or part 

223) contain minimum safety 

requirements for glazing materials in the 

windows of locomotives, passenger cars, 

and cabooses. FRA proposes to codify 

long-standing waivers 2 that have 

provided certain older railroad 

equipment relief from part 223. Through 

the waivers, FRA has generally provided 

relief from part 223’s requirements for 

certain older railroad equipment 

operated at speeds not exceeding 30 

miles per hour (mph) and used only 

where the risk of propelled or fouling 

objects (e.g., cinder blocks or other solid 

objects hanging from bridges, 

overpasses, or like structures) striking 

the equipment is low.3 Codifying these 

waivers through this rulemaking 

proceeding 4 would continue a high 

level of safety and allow FRA better 

flexibility to use its inspection resources 

and reduce the regulatory burden on the 


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