Federal Register / Vol. 87, No. 129 / Thursday, July 7, 2022 / Rules and Regulations 40451 

(d) Regulations. (1) In accordance 

with the general regulations in § 165.23, 

entry of vessels or persons into the zone 

is prohibited unless specifically 

authorized by the Captain of the Port 

Los Angeles Long Beach (COTP) or 

designated representative. A designated 

representative is a commissioned, 

warrant, or petty officer of the U.S. 

Coast Guard (USCG) assigned to units 

under the operational control of the 

COTP. 

(2) In the event of an emergency, 

vessels requiring entry into the safety 

zone must request permission from the 

COTP or a designated representative. To 

seek entry into the safety zone, contact 

the COTP or the COTP’s representative 

by telephone at (310) 521–3801 or on 

VHF–FM channel 16. To coordinate the 

movement of vessel traffic, vessel 

operators may contact the Jacobsen Pilot 

Station at (562) 432–0664 or the Water 

Traffic Coordinator, Andres Velasco, at 

(602) 376–5765. 

(3) Persons and vessels permitted to 

enter the safety zone must transit at 

their slowest safe speed and comply 

with all lawful directions issued by the 

COTP or the designated representative. 

(e) Information broadcasts. The COTP 

or a designated representative will 

inform the public when the safety zone 

is being enforced via a Broadcast 

Notices to Mariners. 

Dated: June 30, 2022. 

R.D. Manning, 

Captain, U.S. Coast Guard, Captain of the 

Port, Los Angeles—Long Beach. 

[FR Doc. 2022–14386 Filed 7–6–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 0 

RIN 2900–AR52 

Principle-Based Ethics Framework for 

Access to and Use of Veteran Data 

AGENCY: Department of Veterans Affairs. 

ACTION: Final rule. 

SUMMARY: The Department of Veterans 

Affairs (VA or Department) amends its 

regulations concerning the standards of 

ethical conduct and related 

responsibilities of its employees by 

adopting an overarching principle-based 

ethics framework for access to and use 

of veteran data. This framework is an 

important part of VA’s data governance 

strategy. A data ethics framework can 

ensure uniform ethics standards for data 

practices and address consumer 

protection and data stewardship 

concerns that are beyond traditional 

privacy and confidentiality practices. 

This framework is intended to be 

applied by all parties who oversee the 

access to, sharing of, or the use of 

veteran data, or who access, share, or 

use veteran data themselves in the 

context of all other specific clinical, 

technical, fiscal, regulatory, 

professional, industry, and other 

standards. 

DATES: This final rule is effective July 7, 

2022. 

FOR FURTHER INFORMATION CONTACT: 

Kenneth Berkowitz MD FCCP, Special 

Advisor, VHA National Center for Ethics 

in Health Care (10ETH), Department of 

Veterans Affairs, Veterans Health 

Administration, 810 Vermont Ave. NW, 

Washington, DC 20420. 202–632–8457. 

(This is not a toll-free number.) 

SUPPLEMENTARY INFORMATION: Federal 

statutes and regulation establish 

parameters for accessing, sharing, and 

use of data collected by Federal and 

state agencies as well as nongovernmental organizations and 

institutions. Limitations on accessing, 

sharing, or use of data varies based on 

what type of data is collected. Various 

Federal laws require or permit 

disclosure or sharing of data under 

specific circumstances. 

While law, regulation, and policy set 

important standards for data access, 

sharing, and use, they do not always 

provide definitive guidance about how 

VA should manage access, sharing, or 

use of veteran data when regulation and 

policy permit organizational discretion. 

Given burgeoning access to, sharing of, 

and use of VA data, proceeding without 

establishing clear expectations for 

access to, sharing of, and use of VA data 

is a disservice to veterans, the 

Department, and our partners, and 

creates a serious risk due to inconsistent 

or problematic data access, sharing, or 

use. These risks could undermine our 

imperative to harness the tremendous 

potential of VA data to support and 

improve veteran health and wellness; 

the delivery of services to veterans; and 

overall public health. VA has adopted 

an overarching principle-based ethics 

framework for access to, sharing of, and 

use of veteran data which is the subject 

of this rulemaking. This framework is an 

important part of VA’s data governance 

strategy. A data ethics framework 

ensures uniform ethics standards for 

data practices and addresses concerns 

that are beyond traditional privacy and 

confidentiality practices. 

This data ethics framework is 

intended to be applied by all parties 

who oversee the access to, sharing of, or 

the use of veteran data, or who access 

or use veteran data themselves in the 

context of all other specific clinical, 

technical, fiscal, regulatory, 

professional, industry, and other 

standards. 

In brief, the Ethical Framework 

Principles for Access to and Use of 

Veteran Data, explained in further detail 

in regulation, are as follows: 

Principle 1. The primary goal for use 

of veteran data is for the good of 

veterans. Veteran data is personal and 

sensitive. 

Principle 2. Veteran data should be 

used in a manner that ensures equity to 

veterans. 

Principle 3. The sharing of veteran 

data should be based on the veteran’s 

meaningful choice. 

Principle 4. Access to and exchange of 

veteran data should be transparent and 

consistent. 

Principle 5. De-identified veteran data 

should not be reidentified without 

authorization. 

Principle 6. There is an obligation of 

reciprocity for gains made using veteran 

data. 

Principle 7. All parties are obligated 

to ensure data security, quality and 

integrity of veteran data. 

Principle 8. Veterans should be able 

to access to their own information. 

Principle 9. Veterans have the right to 

request amendments to their own 

information. 

Administrative Procedure Act 

The Administrative Procedure Act 

provides that the general requirement 

that notice and opportunity for public 

comment does not apply to a matter 

relating to agency management or 

personnel, rules of agency procedure or 

practice, or general statements of policy. 

5 U.S.C. 553(a)(2) and (b)(3)(A). The 

Secretary finds that this rulemaking 

concerning VA’s data ethics framework 

for access to and use of veteran data 

relates solely to agency procedure or 

practice and is a general statement of 

policy and is exempt from notice and 

comment provisions of the 

Administrative Procedure Act. For the 

same reason, this rule is also exempt 

from the delayed effective-date 

requirement in 5 U.S.C. 553(d). 

Paperwork Reduction Act 

This final rule contains no provisions 

constituting a collection of information 

under the Paperwork Reduction Act of 

1995 (44 U.S.C. 3501–3521). 

Regulatory Flexibility Act 

The Secretary hereby certifies that 

this final rule does not have a 

significant economic impact on a 

substantial number of small entities as 


khammond on DSKJM1Z7X2PROD with RULES
40452 Federal Register / Vol. 87, No. 129 / Thursday, July 7, 2022 / Rules and Regulations 

they are defined in the Regulatory 

Flexibility Act, 5 U.S.C. 601–612. The 

provisions of this rulemaking have no 

economic and/or monetary impact. VA 

is merely establishing an overarching 

ethical framework and principles to 

adhere to when managing, accessing 

and usage of veteran data. Therefore, 

pursuant to 5 U.S.C. 605(b), the initial 

and final regulatory flexibility analysis 

requirements of 5 U.S.C. 603 and 604 do 

not apply. 

Executive Orders 12866 and 13563 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, when regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, and other advantages; 

distributive impacts; and equity). 

Executive Order 13563 (Improving 

Regulation and Regulatory Review) 

emphasizes the importance of 

quantifying both costs and benefits, 

reducing costs, harmonizing rules, and 

promoting flexibility. The Office of 

Information and Regulatory Affairs has 

determined that this rule is not a 

significant regulatory action under 

Executive Oder 12866. The Regulatory 

Impact Analysis associated with this 

rulemaking can be found as a 

supporting document at 

www.regulations.gov. 

Unfunded Mandates 

The Unfunded Mandates Reform Act 

of 1995 requires, at 2 U.S.C. 1532, that 

agencies prepare an assessment of 

anticipated costs and benefits before 

issuing any rule that may result in the 

expenditure by State, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

(adjusted annually for inflation) in any 

one year. This final rule has no such 

effect on State, local, and tribal 

governments, or on the private sector. 

Assistance Listing 

There are no Assistance Listing 

numbers and titles for the programs 

affected by this document. 

Congressional Review Act 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), the Office of 

Information and Regulatory Affairs 

designated this rule as not a major rule, 

as defined by 5 U.S.C. 804(2). 

List of Subjects in 38 CFR Part 0 

Conflict of interests. 

Signing Authority 

Denis McDonough, Secretary of 

Veterans Affairs, approved this 

document on June 30, 2022, and 

authorized the undersigned to sign and 

submit the document to the Office of the 

Federal Register for publication 

electronically as an official document of 

the Department of Veterans Affairs. 

Consuela Benjamin, 

Regulations Development Coordinator, Office 

of Regulation Policy & Management, Office 

of General Counsel, Department of Veterans 

Affairs. 

For the reasons set forth in the 

preamble, the Department of Veterans 

Affairs amends 38 CFR part 0 as follows: 

PART 0—VALUES, STANDARDS OF 

ETHICAL CONDUCT, AND RELATED 

RESPONSIBILITIES 

■ 1. The authority citation for part 0 

continues to read as follows: 

Authority: 5 U.S.C. 301; 38 U.S.C. 501; see 

sections 201, 301, and 502(a) of E.O. 12674, 

54 FR 15159, 3 CFR, 1989 Comp., p. 215 as 

modified by E.O. 12731, 55 FR 42547, 3 CFR, 

1990 Comp., p. 306. 

■ 2. Add § 0.605 to read as follows: 

§ 0.605 Ethical framework principles for 

access to and use of veteran data. 

(a) Veterans trust VA to promote and 

respect their privacy, confidentiality, 

and autonomy in the services we 

provide or support. We earn this trust 

when we adhere to VA’s core values of 

integrity, commitment, advocacy, 

respect, and excellence (commonly 

referred to as ICARE). 

(b) Consistent with the values listed 

in paragraph (a) of this section, VA must 

promote and ensure responsible 

practices whenever veteran data is 

accessed, shared, or used by VA or its 

partners. Veteran data is accessed, 

shared, and used for many purposes 

which are developing at an unparalleled 

pace. While the regulatory and policy 

framework that governs data access, 

sharing, and use sets important 

standards about what is required with 

respect to data access, sharing, and use, 

it does not always provide definitive 

guidance about how VA should manage 

access, sharing, or use of veteran data 

when regulation and policy permit 

organizational discretion, except in 

cases where there are already 

established federally protected classes. 

(c) The following principles establish 

an overarching ethical framework for all 

individuals, groups, or entities to apply 

when managing access to, sharing of, or 

use of VA veteran data. All parties who 

have or obtain access to and use VA 

veteran data are encouraged to carefully 

consider and apply this principle-based 

ethical framework when not 

contradicted by other specific clinical, 

technical, fiscal, regulatory, 

professional, industry, and other 

standards. VA and its partners must 

apply this principle-based ethical 

framework when accessing, sharing or 

using veteran data unless prohibited by 

law. Consistent application of this 

framework will ensure the integrity and 

trustworthiness that veterans and other 

stakeholders expect and deserve when 

veteran data is accessed, shared, or 

used. 

(1) Principle 1. The primary goal for 

use of veteran data is for the good of 

veterans. Veteran data is personal and 

sensitive. Use of veteran data by VA and 

its partners must have the primary goal 

of supporting and improving overall 

veteran health and wellness, and the 

delivery of benefits and services to 

veterans at large. 

(2) Principle 2. Veteran data should 

be used in a manner that ensures equity 

to veterans. The proper use of veteran 

data by VA and its partners must help 

to ensure equity so that no veteran 

population is disproportionally 

excluded from the benefits of, or 

burdened by the risks of, data use 

because of race, color, religion, national 

origin, limited English proficiency, age, 

sex (including gender identity and 

transgender status), sexual orientation, 

pregnancy, marital and parental status, 

disability, or genetic information. 

(3) Principle 3. The sharing of veteran 

data should be based on the veteran’s 

meaningful choice. When regulation 

and policy permit organizational 

discretion, the sharing of veteran data 

by VA and its partners should be based 

on the veteran’s meaningful choice to 

permit sharing their information for that 

specific purpose; exceptions for sharing 

based on a veteran’s meaningful choice 

are treatment, payment, health care 

operations, public health and safety 

reporting, and when required by law. 

Timely, clear, relevant, concise, 

complete, and comprehensible 

information must be provided to the 

veteran to serve as a basis for their free 

and informed choice. A veteran’s 

preference to change their mind about 

sharing or not sharing their information 

should be facilitated, with the 

understanding that information that has 

already been shared may be unable to be 

retrieved or retracted. A veteran’s 

choice(s) about data sharing must not be 

the basis to deny care or benefits to 

which they are otherwise entitled. 

Meaningful choice may be expressed in 

many forms and a written requirement 

is not implied. 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 87, No. 129 / Thursday, July 7, 2022 / Rules and Regulations 40453 

(4) Principle 4. Access to and 

exchange of veteran data should be 

transparent and consistent. Access to 

and the exchange of veteran data should 

be transparent and consistent, and in 

accordance with all applicable 

standards. For the Veterans Health 

Administration (VHA), this includes 

practices described in VHA’s Notice of 

Privacy Practices. Data should only be 

shared or accessed for approved and 

specified purposes; there should be no 

unspecified use, or re-use of veteran 

data without VA agreement or approval. 

The release of veteran data for purposes 

other than those which were originally 

approved or specified, such as in an 

agreement, requires a separate approval 

and commitment of all parties to follow 

these principles. Failure to ensure such 

protections is a breach of veteran trust 

and confidentiality. 

(5) Principle 5. De-identified veteran 

data should not be reidentified without 

authorization. Parties who receive deidentified veteran data must not attempt 

to re-identify the data in any manner 

without prior VA agreement or 

approval. VA considers unauthorized 

re-identification a breach of veteran 

trust and confidentiality. 

(6) Principle 6. There is an obligation 

of reciprocity for gains made using 

veteran data. A financial or other gain 

from innovation by non-VA parties that 

uses veteran data obtained from VA 

creates a moral and tangible obligation 

of reciprocity to share this gain with 

veterans, veterans’ service 

organizations, and/or veterans’ causes. 

For example, parties could fulfill this 

obligation by giving back to the veteran 

community through support of veteran 

causes or organizations, by facilitating 

veteran access to innovations to which 

veteran data contributed, or, at a 

minimum, by publicly recognizing 

veteran contributions to the gain or 

innovation. Veteran data must not be 

sold by VA or its partners. 

(7) Principle 7. All parties are 

obligated to ensure data security, 

quality and integrity of veteran data. All 

parties who send, receive, or use VA 

veteran data must ensure data security, 

quality, and integrity. In other words, 

that the data remain secure; accurate; 

complete; and representative of the data 

quality, meaning, and integrity when it 

was received or accessed from VA. 

Access to data by VA and its partners 

should be limited to the minimum 

amount needed to accomplish the stated 

purpose and should be terminated when 

no longer required. Data that are not 

necessary to accomplish the purpose for 

which it was obtained should not be 

retained longer than legally required. 

Transparency about breaches in data 

security, quality or integrity is also 

essential to promote trust and minimize 

impacts to veterans. 

(8) Principle 8. Veterans should be 

able to access to their own information. 

Veterans must have user-friendly access 

to their own information. Access may be 

through electronic means such as 

mobile applications, web portals, or 

through convenient written or in-person 

processes. 

(9) Principle 9. Veterans have the 

right to request amendments to their 

own information. Veterans must be able 

to request amendments to information 

in their VA records if they feel it is 

untimely, inaccurate, incomplete, or not 

relevant. 

(d) As used in this section, deidentified veteran data means 

information that does not identify an 

individual and with respect to which 

there is no reasonable basis to believe 

that the information is individually 

identifiable information or can be used 

by any means to identify an individual. 

For protected health information (PHI), 

veteran data is not de-identified unless 

in compliance with 45 CFR parts 160 

and 164. 

[FR Doc. 2022–14437 Filed 7–6–22; 8:45 am] 

BILLING CODE 8320–01–P 

POSTAL SERVICE 

39 CFR Part 111 

Periodicals Requester Records 

Requirements 

AGENCY: Postal ServiceTM. 

ACTION: Final rule. 

SUMMARY: The Postal Service is 

amending Mailing Standards of the 

United States Postal Service, Domestic 

Mail Manual (DMM®) to revise 

verification requirements for authorized 

audit bureaus. 

DATES: Effective July 7, 2022. 

FOR FURTHER INFORMATION CONTACT: Dale 

Kennedy at (202) 268–6592. 

SUPPLEMENTARY INFORMATION: On March 

24, 2022, the Postal Service published a 

notice of proposed rulemaking (NPRM) 

(87 FR 16702–16703) to revise 

verification requirements for authorized 

audit bureaus. The Postal Service did 

not receive any comments regarding the 

NPRM. 

The Postal Service is enacting new 

procedures for auditing compliance 

with circulation standards for 

Periodicals requester publications and 

standardizing existing procedures across 

Postal Service publications. 

In addition, the Postal Service is 

revising the applicable Customer 

Support Ruling and customer 

Handbooks to reflect this DMM revision. 

We will publish an appropriate 

amendment to 39 CFR part 111 to reflect 

these changes. 

List of Subjects in 39 CFR Part 111 

Administrative practice and 

procedure, Postal Service. 

Accordingly, the Postal Service 

amends Mailing Standards of the United 

States Postal Service, Domestic Mail 

Manual (DMM), incorporated by 

reference in the Code of Federal 

Regulations as follows (see 39 CFR 

111.1): 

PART 111—[AMENDED] 

■ 1. The authority citation for 39 CFR 

part 111 continues to read as follows: 

Authority: 5 U.S.C. 552(a); 13 U.S.C. 301– 

307; 18 U.S.C. 1692–1737; 39 U.S.C. 101, 

401–404, 414, 416, 3001–3018, 3201–3220, 

3401–3406, 3621, 3622, 3626, 3629, 3631– 

3633, 3641, 3681–3685, and 5001. 

■ 2. Revise the Mailing Standards of the 

United States Postal Service, Domestic 

Mail Manual (DMM) as follows: 

Mailing Standards of the United States 

Postal Service, Domestic Mail Manual 

(DMM) 

* * * * * 

200 Commercial Mail Letters, Flats, 

and Parcels 

* * * * * 

207 Periodicals 

* * * * * 

8.0 Record Keeping Standards for 

Publishers 

* * * * * 

8.1 Basic Standards 

* * * * * 

[Replace 8.1.3 to read as follows:] 

8.1.3 Retention 

The publisher must keep records for 

each issue of a publication for 3 years 

from its issue date, except for 

circulation records for general or 

requester publications for which USPS 

verification of circulation is done by a 

USPS-authorized audit bureau. In 

addition, the publisher must retain 

records for paid subscribers for 12 

months following the issue date. A 

publisher whose records are verified by 

an authorized audit bureau is not 

required to keep source records of 

requests and subscriptions longer than 

required by the audit bureau, provided, 

however, the authorized audit bureau 

shall be required to retain records 

related to such requests and 


khammond on DSKJM1Z7X2PROD with RULES