Change Requests

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Recordkeeping Requirements for the Electronic Transfer of Electronic Prescriptions for Schedules II-V Controlled Substances between Pharmacies for Initial Filling

Key Information

Abstract

In accordance with the Controlled Substances Act (CSA), every DEA registrant must make a biennial inventory and maintain, on a current basis, a complete and accurate record of each controlled substance manufactured, received, sold, delivered, or otherwise disposed of. 21 U.S.C. 827 and 958. The records maintained by registrants must be kept and be available for at least two years for inspection and copying by officers or employees of the United States as authorized by the Attorney General. 21 U.S.C. 827(b)(3). The records must be in accordance with and contain such relevant information as may be required by regulations promulgated by DEA. 21 U.S.C. 827(b)(1). This information request would require pharmacies to create and maintain records documenting the transfer between pharmacies of unfilled electronic prescriptions for controlled substances in schedules II-V.

Federal Register Notices

60-Day FRN	View Notice
30-Day FRN	View Notice

Authorizing Statutes

21 USC 827 and 958	View Law

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Drug and Alcohol Testing Program for Personnel Engaged in Specified Aviation Activities

Key Information

Abstract

Part 119 certificate holders with the authority to operate under part 121 and 135, air tour operators as defined in 14 CFR § 91.147, non-FAA or Military Air Traffic Control Facilities, contractors, or repair stations under 14 CFR part 145 that conduct drug and alcohol testing programs are mandated to report information to this collection. The FAA uses this information for determining program compliance or non-compliance of regulated aviation employers, oversight planning, determining who must provide a mandatory annual Management Information System (MIS) testing information, and communicating with entities subject to the program regulations. In addition, the information is used to ensure that appropriate action is taken regarding crewmembers and other safety-sensitive employees who have tested positive for drugs or alcohol or have refused to submit to testing. The collection includes reporting, recordkeeping, and disclosure information. Using the information reported on the annual MIS allows the FAA Administrator to determine the random testing rates for the following year, which is published in the Federal Register. The FAA issued a Final Rule, Drug and Alcohol Testing of Certificated Repair Station Employees Located Outside of the United States, which requires certificated part 145 repair stations located outside the territory of the United States, whose employees perform safety-sensitive maintenance functions on part 121 air carrier aircraft, to conduct drug and alcohol testing in accordance with 14 CFR part 120 and 49 CFR part 40. Repair stations meeting the regulations must obtain an Antidrug and Alcohol Misuse Prevention Program Operations Specification (A449 paragraph) in FAA’s Operations Specifications database and must report annual drug and alcohol testing program statistics through the Department of Transportation Drug and Alcohol Management Information System (DAMIS). The final rule alternatively provides a process for a foreign government, on behalf of certificated repair stations within their territories, and individual foreign repair stations subject to the rule to submit and obtain a waiver of recognition to obtain the Administrator’s recognition of a compatible alternative that contains minimum criteria in lieu of compliance with certain components of 14 CFR part 120. Foreign repair stations meeting the regulatory requirements by obtaining a waiver of recognition are not required to obtain an A449 paragraph or report annual drug and alcohol testing program statistics through DAMIS. In this renewal, in addition to other updates, the FAA made a significant change to the Foreign Repair Station information collection by adding the ability for foreign repair stations to combine their testing programs under a single registration in some cases. The purpose of the registration is to provide an individual or corporation that owns and operates multiple foreign repair station certificates in one country (or different countries without the need for a waiver or exemption) and who would like to fully implement 14 CFR part 120 and 49 CFR part 40 in each location, the option to request a single drug and alcohol testing program to cover all certificates by obtaining a foreign repair station registration from the FAA’s Drug Abatement Division that covers all their certificates and safety-sensitive employees. The FAA requires the submission of additional information in order to process registration requests, which are accounted for in this renewal.

Federal Register Notices

60-Day FRN	View Notice
30-Day FRN	View Notice

Authorizing Statutes

49 USC 31306	View Law

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Private Rental Survey

Key Information

Abstract

In the early 1980s, the Department of the Interior (DOI) began conducting regional rental surveys to comply with A-45 rent setting regulations. DOI has a substantial inventory of Government employee housing, operating about 17,000 quarters. They developed the Internet Quarters Management Information System (iQMIS), an automated system that uses rental algorithms determined by regional rental surveys to calculate rent and other charges for each quarter. iQMIS is now a shared federal service offered by the Interior Business Center (IBC, DOI), and used by 19 Federal agencies to calculate rent for approximately 17,000 quarters across the nation. iQMIS and the IBC employ all of the specific requirements of OMB Circular A-45 to determine rental rates. The forms are used to establish and revise rental, utility, and related service charges for occupants of Government housing (quarters). Information is collected from property owners, managers, and realtors.

Federal Register Notices

60-Day FRN	View Notice
30-Day FRN	View Notice

Authorizing Statutes

5 USC 5911	View Law

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Alternative Pilot Physical Examination and Education Requirements (BasicMed)

Key Information

Abstract

Section 2307 of Public Law 114-190, medical certification of small aircraft pilots, provides that, within 180 days of enactment of Public Law 114-190, the FAA Extension, Safety and Security Act of 2016, the Administrator of the FAA shall issue or revise regulations to ensure that an individual may operate as pilot in command of a covered aircraft if certain provisions stipulated in the Act are met. The Act was enacted July 15, 2016. The use of section 2307 by any eligible pilot is voluntary. Persons may elect to use these alternative pilot physical examination and education requirements or may elect to continue to operate using a third-class or higher medical certificate (information collection 2120-0034).The requirements of section 2307 were codified in 14 CFR parts 61, 91 and newly created part 68

Federal Register Notices

60-Day FRN	View Notice
30-Day FRN	View Notice

Authorizing Statutes

49 USC 44701	View Law

49 USC 44702	View Law

49 USC 44703	View Law

49 USC 44709	View Law

49 USC 40113	View Law

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Application for Proposed Use of BPA Right-of-Way

Key Information

Abstract

Bonneville uses this information collection to assess whether the applicants proposed use of right-of-way interferes with BPA's land rights.

Federal Register Notices

60-Day FRN	View Notice
30-Day FRN	View Notice

Authorizing Statutes

16 USC 832(a)	View Law

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Reporting Requirements for Commercial Fisheries Authorization under Section 118 of the Marine Mammal Protection Act

Key Information

Abstract

This review is a renewal of a current information collection. Reporting injuries and/or mortalities of marine mammals is mandated under Section 118 of the Marine Mammal Protection Act (MMPA). This information is required to determine the impacts of commercial fishing on marine mammal populations and is used to classify commercial fisheries into Category I, II or III on the MMPA List of Fisheries. All Category I, II and III fisheries must report injuries or mortalities using the NMFS Marine Mammal Authorization Program (MMAP) marine mammal mortality/injury form (OMB control No. 0648-0292).

Federal Register Notices

60-Day FRN	View Notice
30-Day FRN	View Notice

Authorizing Statutes

16 USC 1361 et seq.	View Law

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Eligible Career Pathway Program

Key Information

Abstract

Section 668.157, under the authority of section 484 of the HEA, specifies the documentation requirements for eligible career pathway programs for submission by institutions to the Department for approval as a Title IV eligible program. Enrollment in an eligible career pathways program is one of the three Ability to Benefit (ATB) alternatives that an individual who is not a high school graduate could fulfill to receive Title IV, HEA, Federal student aid.

Federal Register Notices

60-Day FRN	View Notice
30-Day FRN	View Notice

Authorizing Statutes

20 USC 1091	View Law

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Request for Retroactive Induction for a Period Previously Completed Under Chapter 33 (VA Form 28-10286)

Key Information

Abstract

VA Form 28-10286 is used by Veterans with service-connected disabilities to request a retroactive induction for a period previously completed under Chapter 33 benefits. The VR&E program subsequently uses the information on this form to determine if a Service member or Veteran qualifies for a retroactive induction under 38 U.S.C. §3102, §3103, §3108, §5113 under the Chapter 31 program. Without this information, a retroactive induction for a period previously completed under Chapter 33 benefits could not be determined. Veterans are able to access and complete the VA Form 28-10286 by using the VA Forms external website “Find a Form” and submit the completed and signed application one of the following ways: by mail, via VR&E’s electronicvirtual assistant (e-VA), or in-person to a VA Regional Office, out-based location, VA hospital, medical center, community-based outpatient clinic, or Vet Center. A VR&E Vocational Rehabilitation Counselor (VRC) reviews the request for retroactive induction to ensure all necessary steps and supported documentation are received and completed prior to the VR&E Officer approving the retroactive induction. Upon review and a final decision is rendered, the Veteran receives a notification letter

Federal Register Notices

60-Day FRN	View Notice
30-Day FRN	View Notice

Authorizing Statutes

38 USC 3103	View Law

38 USC 3108	View Law

38 USC 5113	View Law

38 USC 3102	View Law

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Submission of Petitions: Food Additive, Color Additive (Including Labeling), Submission of Information to a Master File in Support of Petitions, and Electronic Submission Using FDA Form 3503

Key Information

Abstract

This collection of information is used to transmit food and color additive and labeling requirements to FDA using FDA Form 3503 in paper or electronic format from businesses engaged in the manufacture or sale of food, food ingredients, color additives, or substances used in materials that come into contact with food. Section 409(a) of the Federal Food, Drug, and Cosmetic Act (FD&C Act) provides that a food additive shall be deemed to be unsafe, unless it can be safely used under section 409(h), the additive and its use, or intended use, conform to the terms of an exemption for investigational use; or a food contact notification submitted under section 409(h) is effective. Food additive petitions (FAPs) are submitted by individuals or companies to obtain approval of a new food additive or to amend the conditions of use permitted under an existing food additive regulation. Section 721(a) of the FD&C Act provides that a color additive shall be deemed to be unsafe unless the additive and its use are in conformity with a regulation that describes the condition(s) under which the additive may safely be used, or the additive and its use conform to the terms of an exemption for investigational use issued under section 721(f). Color additive petitions (CAPs) are submitted by individuals or companies to obtain approval of a new color additive or a change in the conditions of use permitted for a color additive that is already approved. FDA’s color additive labeling requirements in § 21 CFR 70.25 require that color additives that are to be used in food, drugs, medical devices, or cosmetics be labeled with sufficient information to ensure their safe use. Respondents may transmit FAP or CAP regulatory submissions in electronic or paper format to the Human Foods Program (HFP) using Form FDA 3503 which helps the respondent organize their submission to focus on the information needed for FDA’s safety review and to organize information within a master file submitted in support of petitions according to the items listed on the form.

Federal Register Notices

60-Day FRN	View Notice
30-Day FRN	View Notice

Authorizing Statutes

21 USC 301 et seq.	View Law

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Collection of Prescription Drug Event Data From Contracted Part D Providers for Payment (CMS-10174) - IRA

Key Information

Abstract

CMS requires contracted Part D providers to submit prescription drug event (PDE) records as required by the Medicare Prescription Drug Improvement, and Modernization Act of 2003. The PDE data is then used in the Payment Reconciliation System to perform the annual Part D payment reconciliation, any PDE data within the Coverage Gap Phase of the Part D benefit is used for invoicing in the CGDP, and the data are part of the report provided to the Secretary of the Treasury for Section 9008. Section 11102 of the Inflation Reduction Act of 2022 establishes a Part D inflation rebate by manufacturers of certain single source drugs and biologicals with prices increasing at a rate faster than the rate of inflation. CMS will use data reported under sections 1860D-15(c)(1)(C) and (d)(2), in part, to rank drugs by total expenditures under Part D in order to select drugs for negotiation and to identify units to calculate inflation rebates. We also intend to use the PDE data submissions from Part D sponsors to fulfill our statutory obligations under the Social Security Act. This includes the use of PDE data to fulfill obligations or operationalize any future legislative changes to the Social Security Act that impact the Part D program. CMS is notifying users that it will also use data reported under sections 1860D-15(c)(1)(C) and (d)(2) to implement the Medicare Drug Negotiation Program and to calculate inflation rebates as required by the Inflation Reduction Act of 2022, as well as to fulfill our statutory obligations under the Social Security Act. This includes the use of PDE data to fulfill obligations or operationalize any future legislative changes to the Social Security Act that impact the Part D program.

Federal Register Notices

60-Day FRN	View Notice
30-Day FRN	View Notice

Authorizing Statutes

18 Stat. 1860

Pub.L. 108 - 173 101	View Law

Pub.L. 117 - 169 11001	View Law

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Medical Devices--Voluntary Improvement Program

Key Information

Abstract

The Voluntary Improvement Program (VIP) is facilitated by the Medical Device Innovation Consortium (MDIC), a public-private partnership that evaluates the capability and performance of a medical device manufacturer’s practices using third-party appraisals. The VIP is intended to guide improvement to enhance the quality of medical devices. As part of the VIP process, FDA receives information about participating device manufacturers’ capability and performance for activities covered in third-party appraisals to enhance manufacturing and business practices in a way that improves the quality and safety of medical devices, benefitting patients and consumers. While appraisals performed through the VIP do not constitute a new regulatory requirement or serve as an equivalent to an FDA inspection, FDA may consider information from a participant’s appraisals, as appropriate, in risk-based inspection planning.

Federal Register Notices

60-Day FRN	View Notice
30-Day FRN	View Notice

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Qualified Contributions to a Scholarship Granting Organization Under Section 25F

Key Information

Abstract

Section 25F of the Internal Revenue Code (IRC) allows for State to voluntarily elect to participate in advance of providing to the Internal Revenue Service (IRS) a list of the scholarship granting organizations (SGOs) that meet the requirements of IRC section 25F(c)(5) and are located in the State. Form 15714 provides an authorized State representative an easy method to elect participation under IRC section 25F. Revenue Procedure 2026-6 provides guidance regarding a procedure for a State to voluntarily elect to participate under IRC section 25F. T.D. 10057 provides rules for State elections to participate under section 25F, including the registration process on the IRS State section 25F portal; rules for information and certifications a State is required to provide for each organization included on the State SGO list; and procedures a State must use in determining whether organizations meet the requirements of section 25F(c)(5). In addition, T.D. 10057 provides procedures for registering SGOs through an IRS electronic SGO portal; reporting, recordkeeping, and third-party disclosure of qualified contributions received by SGOs; and providing timely written acknowledgments to donors.Emergency Justfication:The Department of the Treasury (Treasury Department) and the Internal Revenue Service (IRS) are requesting, under emergency procedures, an update to OMB Control Number 1545-2335 in connection with implementing section 70411 of the OBBBA enacted 26 U.S.C. 25F, which provides a nonrefundable income tax credit of up to $1,700 per individual filer and up to $3,400 per joint filing of married couples for qualified contributions made in taxable years beginning after 2026. A “qualified contribution” is defined as a charitable contribution of cash to a public charity classified as a “scholarship granting organization” within the meaning of section 25F(c)(5) (SGO) that uses the contribution to fund scholarships for eligible students solely within the covered State in which the SGO is listed pursuant to section 25F(g). A “covered state” is defined as one of the 50 States or the District of Columbia (State), that, for a calendar year, voluntarily elects to participate under § 25 and provides a list that identifies SGOs in the State for the applicable calendar year. Section 25F(g)(1) provides that a State that voluntarily elects to participate under § 25F must provide a list of SGOs that are located in the State by “January 1 of each calendar year (or, with respect to the first calendar year for which this section applies [i.e., 2027], as early as practicable).” Beginning on January 1, 2027, individual taxpayers will be able to make contributions to any SGOs that have been certified by their respective States as part of their State’s election to participate in section 25F. In order to enable the States’ participation, the Treasury Department and the IRS published a temporary rule for a State to make its election and provide its certification of organizations located in the State that are SGOs [RIN 1545-BS17]. The Treasury Department and the IRS have received several comments in response to the IRS Notice 2025-70, Request for Comments on Individual Tax Credit for Qualified Contributions to Scholarship Granting Organizations. Stakeholders from around the country emphasized that guidance is needed as soon as possible to address the most critical operational questions related to the implementation of section 25F. Specifically, commenters stated that knowing what procedures to implement in their organizations is critical to ensuring SGOs can be established and ready to operate by January 1, 2027. Commenters have stated that potential SGOs need sufficient time to prepare for the commencement of this new tax credit in 2027. Specifically, they need to begin organizing themselves as valid SGOs to solicit and record contributions to be received in early 2027. To respond to this immediate need of States and SGOs, T.D. 10057 provides rules that expand the collections of information under OMB Control Number 1545-2235. The added collections allow for State elections to participate under section 25F, including the registration process on the IRS State section 25F portal; rules for information and certifications a State is required to provide for each organization included on the State SGO list; and procedures a State must use in determining whether organizations meet the requirements of section 25F(c)(5). In addition, T.D. 10057 provides procedures for registering SGOs through an IRS electronic SGO portal; reporting, recordkeeping, and third-party disclosure of qualified contributions received by SGOs; and providing timely written acknowledgments to donors. The IRS needs to release T.D. 10057 as soon as possible for the benefit of all relevant stakeholders.

Federal Register Notices

60-Day FRN	View Notice

Authorizing Statutes

26 USC 25F	View Law

Pub.L. 119 - 21 70411	View Law

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Responsibility of Applicants for Promoting Objectivity in Research for which Public Health Service (PHS) Funding is Sought 42 CFR Part 50 Subpart F and Responsible Prospective Contractors (NIH/OPERA)

Key Information

Abstract

The regulations provided in Promoting Objectivity in Research (42 CFR Part 50, Subpart F) and Responsible Prospective Contractors (45 CFR Part 94) are necessary to promote objectivity of the design, conduct, and reporting of research funded by the Public Health Service (PHS). This request is for Office of Management and Budget (OMB) approval of a reinstatement with a change for three years for a currently approved collection. NIH is implementing an enhancement in the FCOI reporting requirement within the eRA Commons FCOI Module to require the grant and cooperative agreement respondent to identify foreign FCOIs and provide the type of foreign entity and the name of the foreign country. This enhanced requirement is insignificant on the part of respondents.

Federal Register Notices

60-Day FRN	View Notice
30-Day FRN	View Notice

Authorizing Statutes

42 USC 289b-1	View Law

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Access to Employee Exposure and Medical Records (29 CFR 1910.1020)

Key Information

Abstract

The Standard requires employers to preserve and provide access to records associated with workers' exposure to toxic chemicals and harmful physical agents. Employee records and access to them are critically important to the detection, treatment, and prevention of occupational illness and disease.

Federal Register Notices

60-Day FRN	View Notice
30-Day FRN	View Notice

Authorizing Statutes

29 USC 651	View Law

29 USC 657	View Law

29 USC 655	View Law

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Resilient Networks

Key Information

Abstract

The Commission's Mandatory Disaster Response Initiative (MDRI) requires the nation's facilities-based mobile wireless providers to take action to improve the reliability and resiliency of mobile wireless networks. The Commission seeks approval of this information collection as necessary for the MDRI to remain effective.

Federal Register Notices

60-Day FRN	View Notice
30-Day FRN	View Notice

Authorizing Statutes

47 USC 154(i)-(j) & (o)	View Law

47 USC 201(b), 214(d), 218, 251(e)(3)	View Law

47 USC 301,303(b),303(g), 303(j),	View Law

47 USC 303(r), 307, 309(a), 309(j)	View Law

47 USC 316, 332, 403, 615 a-1, 615c	View Law

47 USC 1, 4(i), 4(j), 4(o),151	View Law

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Veterinary Services Animal and Animal Product Movement and Import Permits

Key Information

Abstract

Disease prevention is the most effective method for maintaining a healthy animal population and for enhancing the United States’ ability to globally compete in the trade of animals and animal products. APHIS’ Veterinary Services (VS) program is responsible for carrying out this disease prevention mission. APHIS regulations governing the interstate movement of animals to prevent the dissemination of animal diseases within the United States are contained in Title 9 of the Code of Federal Regulations, Subchapter C. APHIS regulations governing import and export in Subchapter D, Parts 91 through 96, contain VS’ rules and requirements for live animal and animal product permits.

Federal Register Notices

60-Day FRN	View Notice
30-Day FRN	View Notice

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Preaward Survey Forms; FAR sections affected: Standard Form (SFs) 1403, 1404, 1405, 1406, 1407, and 1408

Key Information

Abstract

Contracting officers, prior to award, must make an affirmative determination that the prospective contractor is responsible, i.e., capable of performing the contract. Before making such a determination, the contracting officer must have or obtain sufficient information to establish that the prospective contractor: (i) has adequate financial resources; or the ability to obtain such resources; (ii) is able to comply with required delivery schedule; (iii) has a satisfactory record of performance; (iv) has a satisfactory record of integrity; and (v) is otherwise qualified and eligible to receive an award under appropriate laws and regulations. If such information is not readily available to the contracting officer, it is obtained through a preaward survey conducted by the contract administration office or another organization designated by the agency to conduct the surveys. The necessary data is collected from available data or through plant visits, phone calls, and correspondence in detail commensurate with the dollar value and complexity of the procurement. This clearance covers the information that prospective contractors must provide to ensure proper completion of the following preaward survey forms prescribed by the FAR: ● SF 1403 Preaward Survey of Prospective Contractor (General) ● SF 1404 Preaward Survey of Prospective Contractor (Technical) ● SF 1405 Preaward Survey of Prospective Contractor (Production) ● SF 1406 Preaward Survey of Prospective Contractor (Quality Assurance) ● SF 1407 Preaward Survey of Prospective Contractor (Financial Capability) ● SF 1408 Preaward Survey of Prospective Contractor (Accounting System)

Federal Register Notices

60-Day FRN	View Notice
30-Day FRN	View Notice

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U.S. Official Order Forms for Schedules I & II Controlled Substances (Accountable Forms), Order Form Requisition

Key Information

Abstract

The Controlled Substances Act (CSA) (21 U.S.C. 801-971) establishes a closed system of distribution for controlled substances. To this end, controlled substances are closely monitored and tightly regulated as they are distributed through the supply chain. One tool that helps to maintain the closed system of distribution is the CSA provision that states it “shall be unlawful for any person to distribute a controlled substance in schedules I or II to another except in pursuance of a written order of the person to whom such substance is distributed, made on a form to be issued by the Attorney General in blank in accordance with subsection (d) of this section . . . .” 21 U.S.C. 828(a). The regulations implementing this provision are contained in 21 CFR part 1305. Pursuant to the CSA, the DEA provides authorized registrants (e.g., purchasers) with DEA Forms 222 for ordering schedules I and II controlled substances. 21 U.S.C. 828(d). The DEA Form 222 is subsequently provided by the purchaser to a supplier because, without the appropriate DEA Form 222, the supplier is prohibited from distributing schedules I or II controlled substances to the purchaser. Suppliers must then forward an executed copy of each DEA Form 222 to the DEA. This system in which the DEA provides a pre-printed order form to the purchaser, who then submits the annotated order form to the supplier, who then submits the completed form to the DEA, helps maintain the closed system of distribution because each registrant in the transaction serves as a check against the other. Since 2005, registrants have also been permitted to issue orders for schedules I and II controlled substances electronically, provided that the electronic order is signed using a digital certificate issued by the DEA Certification Authority. This electronic ordering system is called the “Controlled Substances Ordering System,” or CSOS. The regulations governing the creation, transmission, and storage of electronic orders are contained in 21 CFR part 1311, subpart B. .

Federal Register Notices

60-Day FRN	View Notice
30-Day FRN	View Notice

Authorizing Statutes

21 USC 828	View Law

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National Census of Ferry Operators

Key Information

Abstract

The Transportation Equity Act for the 21st Century (TEA–21) (P.L. 105-178), section 1207(c) [see Attachment I], directed the Secretary of Transportation to conduct a study of ferry transportation in the United States and its possessions. In 2000, the Federal Highway Administration (FHWA) Office of Intermodal and Statewide Planning conducted a survey (OMB Approval Number 2125-0584) of approximately 250 ferry operators to identify: (1) existing ferry operations including the location and routes served; (2) source and amount, if any, of funds derived from Federal, State, or local governments supporting ferry construction or operations; (3) potential domestic ferry routes in the United States and its possessions and to develop information on those routes; and (4) potential for use of high speed ferry services and alternative-fueled ferry services. The Safe, Accountable, Flexible Efficient Transportation Equity Act—A Legacy for Users (SAFETEA-LU) Public Law 109-59, Section 1801(e) [see Attachment II] requires that the Secretary, acting through the Bureau of Transportation Statistics (BTS), shall establish and maintain (biennially) a national ferry database containing current information regarding routes, vessels, passengers and vehicles carried, funding sources and such other information as the Secretary considers useful. Recently enacted FAST Act [Fixing America’s Surface Transportation Act (P.L. 114-94, Sec. 1112), continues the BTS mandate to conduct the National Census of Ferry Operators (NCFO) and extends the requirement that FHWA use the NCFO data to set the specific formula for allocating federal ferry funds based on a percentage of the number of passenger boardings, vehicle boardings, and route miles served.

Federal Register Notices

60-Day FRN	View Notice
30-Day FRN	View Notice

Authorizing Statutes

Pub.L. 117 - 58 11121	View Law

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Certain Federal Acquisition Regulation Part 28 Requirements: 52.228-1, 52.228-2, 52.228-11, 52.228-13 thru 52.228-17, (SF) 24, 25, 25-A, 25-B, 28, 34, 35, 273, 274, 275, 1414, 1415, 1416, and 1418

Key Information

Abstract

This clearance covers the information that offerors or contractors must submit to comply with the following FAR requirements: a. FAR 52.228-1, Bid Guarantee. This provision (or clause) requires offerors or contractors to furnish a bid guarantee in the proper form and amount when a performance bond or a performance and payment bond is also required. (SF 24, Bid Bond; SF 34, Annual Bid Bond). b. FAR 52.228-2, Additional Bond Security. This clause requires contractors to furnish additional bond security under certain circumstances. This clause is used both for construction and other than construction contracts. (SF 1414 Consent of Surety and SF 1415, Consent of Surety and Increase of Penalty). c. FAR 52.228-13, Alternative Payment Protections. This clause requires contractors to submit one of the payment protections listed in the clause by the contracting officer, in construction contracts greater than $35,000 but not exceeding $150,000. d. FAR 52.228-14, Irrevocable Letter of Credit. This clause requires offerors or contractors to provide certain information when they intend to use an irrevocable letter of credit (ILC) in lieu of a required bid bond, or to secure other types of required bonds such as performance and payment bonds. This clause is required in solicitations and contracts when a bid guarantee, or performance bond, or performance and payment bonds are required. e. FAR 52.228-15, Performance and Payment Bonds-Construction. This clause requires contractors to provide performance and payment bonds in construction contracts exceeding $150,000 (SF 25, Performance Bond; SF 25-A, Payment Bond; SF 25-B, Continuation Sheet (for SF's 24, 25, and 25-A); SF 273, Reinsurance Agreement for a Bonds Statute Performance Bond; SF 274, Reinsurance Agreement for a Bonds Statute Payment Bond). f. FAR 52.228-16, Performance and Payment Bonds-Other Than Construction. This clause requires contractors to furnish performance and payment bonds for other than construction contracts exceeding the simplified acquisition threshold only in certain circumstances. (SF 35, Annual Performance Bond; SF 275, Reinsurance Agreement in Favor of the United States; SF 1416, Payment Bond for Other Than Construction Contracts; SF 1418, Performance Bond for Other Than Construction Contracts). g. FAR 52.228-11, Individual Surety—Pledge of Assets; FAR 52.228-17, Individual Surety—Pledge of Assets (Bid Guarantee); and Standard Form (SF) 28, Affidavit of Individual Surety. The FAR clause at 52.228-11 and the FAR provision at 52.228-17 require the submission of the SF 28. This form is used by all executive agencies to obtain information from individuals wishing to serve as sureties to Government bonds. Offerors and contractors may use an individual surety as security for bonds required under a solicitation or contract for supplies or services (including construction). It is an elective decision on the part of the offeror or contractor to use individual sureties instead of other available sources of surety or sureties for Government bonds.

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60-Day FRN	View Notice
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Rule 15c2-1; Hypothecation of Customer Securities

Key Information

Abstract

Rule15c2-1 prohibits, with certain exemptions, the commingling under the same lien of securities of margin customers that (a) with other customers without their written consent, and (b) with the broker-dealer. The rule also prohibits the re-hypothecation of customers’ margin securities for a sum in excess of the customer’s aggregate indebtedness. The collected information pursuant to the Rule is necessary for the execution of the Commission's mandate under the Exchange Act to prevent fraudulent, manipulative, and deceptive acts and practices by broker-dealers. In addition, the information required by the rule provides important investor protections. Under Rule 15c2-1, a broker-dealer cannot commingle the securities of different customers as collateral for a loan without the written consent of each customer. Paragraph (f) of Rule 15c2-1 provides that when a broker-dealer hypothecates customer securities, it must give written notice to the lender that the securities are customer securities and that the hypothecation does not contravene any section of the rule. If the account is an omnibus account, the broker-dealer for whom the account is carried may furnish a statement to the person carrying the account that all the securities are customer securities and that the hypothecation does not contravene any section of the rule.

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Authorizing Statutes

15 USC 78o(c)(3), 78w(a)	View Law

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Rule 10b-17, Untimely announcement of record dates (17 CFR 240. 10b-17)

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Abstract

Rule 10b-17 requires any issuer of a class of publicly traded securities to give notice of the following specific distributions relating to such class of securities: 1) a dividend or other distribution in cash or in kind other than interest payments on debt securities; 2) a stock split or reverse stock split; or 3) a rights or other subscription offering. Notice must be given either to the Financial Industry Regulatory Authority, Inc. (FINRA) or in accordance with the procedures of the national securities exchange upon which the securities are registered.

Federal Register Notices

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Authorizing Statutes

15 USC 78j(b) and 78w(a)	View Law

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Court-Ordered Refunds under the International Emergency Economic Powers Act (IEEPA) Worksheet

Key Information

Abstract

To submit an IEEPA refund declaration, an IOR, or their broker, will submit a Comma-Separated Values (CSV) file with a list of entry summary numbers to the CAPE tool through the ACE Portal. Depending on the Declaration, this file may contain only a few lines of data or thousands of lines of data (there is a limit of 9,999 entries per Declaration). If the file submitted is rejected based on the screening and validation CBP will conduct prior to accepting a Declaration, the Declaration filer will need to adjust their CSV file and resubmit. CBP will issue technical guidance to filers to minimize the number of rejections/resubmissions. Although the CIT has suspended its order “to the extent that it directs immediate compliance,” the order indicates that this suspension was based on the CBP declaration filed in that case on March 6, 2026, which declared that CBP anticipates that CAPE would be ready for use within 45 days of the date of that declaration. Accordingly, April 20, 2026 is the anticipated deployment date for CAPE, and any delay will pose risks for CBP in following CIT orders and for returning those duties deemed refundable with the end of IEEPA.

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Authorizing Statutes

19 USC 1321	View Law

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Crawler, Locomotive, and Truck Cranes Standard (29 CFR 1910.180)

Key Information

Abstract

The Crawler, Locomotive, and Truck Cranes Standard requires that monthly inspections be performed on cranes and running ropes and that a certification record be prepared. Ropes which have been idle for a month or more are required to undergo a thorough inspection and that a certification record be generated.

Federal Register Notices

60-Day FRN	View Notice
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Authorizing Statutes

29 USC 657	View Law

29 USC 651	View Law

29 USC 655	View Law

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