Dol/oasam-38 Sorn

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Federal Register / Vol. 87, No. 57 / Thursday, March 24, 2022 / Notices

INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1297]

Certain Video Processing Devices,
Components Thereof, and Digital
Smart Televisions Containing the
Same II; Notice of a Commission
Determination Not To Review an Initial
Determination Granting a Motion To
Intervene of Amazon.Com, Inc.
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:

Notice is hereby given that
the U.S. International Trade
Commission has determined not to
review an initial determination (‘‘ID’’)
(Order No. 9) issued by the presiding
administrative law judge (‘‘ALJ’’) on
February 25, 2022, granting a motion to
intervene of Amazon.com, Inc.
(‘‘Amazon’’).

SUMMARY:

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FOR FURTHER INFORMATION CONTACT:

Michael Liberman, Esq., Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
205–2392. Copies of non-confidential
documents filed in connection with this
investigation may be viewed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov. For help
accessing EDIS, please email
EDIS3Help@usitc.gov. General
information concerning the Commission
may also be obtained by accessing its
internet server at https://www.usitc.gov.
Hearing-impaired persons are advised
that information on this matter can be
obtained by contacting the
Commission’s TDD terminal on (202)
205–1810.
SUPPLEMENTARY INFORMATION: On
February 3, 2022, the Commission
instituted this investigation under
section 337 of the Tariff Act of 1930, as
amended, 19 U.S.C. 1337, based on a
complaint filed by DivX, LLC of San
Diego, California (‘‘DivX’’). 87 FR 6200–
01 (Feb. 3, 2022). The complaint alleged
a violation of section 337 in the
importation into the United States, the
sale for importation, or the sale within
the United States after importation of
certain video processing devices,
components thereof, and digital smart
televisions containing the same by
reason of infringement of certain claims
of U.S. Patent Nos. 8,832,297 and
8,472,792. The complaint also alleged
the existence of a domestic industry.
The notice of investigation named as
respondents: TCL Technology Group
Corporation of Huizhou, Guangdong,
China; TCL Electronics Holdings

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Limited of Shenzhen, Guangdong,
China; TTE Technology, Inc. of
Shenzhen, Guangdong, China; TCL King
Electrical Appliances (Huizhou) Co. Ltd.
of Huizhou, Guangdong, China; TCL
MOKA International Limited of Sha Tin,
New Territories, Hong Kong; and TCL
Smart Device (Vietnam) Co., Ltd. of Tan
Binh Commune, Bae Tan Uyen District,
Binh Duong Province, Vietnam
(collectively, ‘‘TCL’’). Id. at 6201. The
Commission’s Office of Unfair Import
Investigations was not named as a party
in this investigation. Id.
On February 11, 2022, Amazon
moved pursuant to 19 CFR 210.19 to
intervene in this investigation.
Respondents TCL did not oppose. Order
No. 9, at 1 (Feb. 25, 2022). While
complainant DivX did not oppose
Amazon’s requested relief, and ‘‘does
not otherwise plan to file a response to
the motion, it (i) takes no position as to
whether it is more appropriate for
Amazon to intervene in this
Investigation as an intervenor or as a
respondent, and reserves all rights, and
(ii) makes no representations regarding
TCL’s knowledge of Amazon
technology.’’ Id. (quoting Mot. at 1).
Amazon requests that it be permitted
to intervene in this investigation as an
intervenor ‘‘with full participation
rights and obligations with respect to
the issues of infringement/noninfringement, validity/invalidity, any
related subsidiary issues (e.g., claim
construction), any other issue directed
to or otherwise involving Amazon’s
technology, including reasonable
discovery of the foregoing (subject to
Amazon’s objections), such as
responding to discovery requests,
producing corporate designees for
deposition and hearing testimony, and
being subject to motions to compel to
the same extent as any of the
Respondents.’’ Id. at 1–2 (quoting Mot.
at 1). Amazon did not ask to be
accorded respondent status. Id. at 2
(citing Mem. at 2–10).
Amazon explains that DivX accuses
certain TCL products of infringing the
asserted patents ‘‘at least in part because
they use and incorporate Amazon
technology—primarily, Amazon’s Prime
Video.’’ Id. (quoting Mem. at 8).
Amazon therefore contends that it has a
‘‘substantial interest in this
investigation with respect to Prime
Video, and TCL’s interests are not only
centered on their own devices, but TCL
also lacks the knowledge and
information to be able to adequately
represent Amazon’s interest with
respect to Prime Video and any other
Amazon technologies.’’ Id. (quoting
Mem. at 7).

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On February 25, 2022, the ALJ issued
the subject ID, granting Amazon’s
motion. The ID found that there is no
dispute that Amazon has an interest in
infringement and invalidity issues
regarding the asserted patents, that
Amazon’s interests are not adequately
protected by TCL, and that intervention
has been granted in similar
circumstances in previous
investigations. Id. at 2–3 (citing Certain
Communications or Computing Devices
and Components Thereof, Inv. No. 337–
TA–925, Order No. 6 at 4 (Sept. 9, 2014)
(granting Google’s motion to intervene),
unreviewed by Comm’n Notice (Oct. 10,
2014)). The ID further found that there
is also no dispute that Amazon’s motion
was timely filed, having been filed only
days after the institution of the
investigation. Id. at 3. The ID also found
that no party claims any undue
prejudice from Amazon’s intervention,
and that there is no opposition to
Amazon’s intervention in this
investigation. Id. The ID found that,
therefore, Amazon’s participation will
facilitate discovery and aid the
Commission in resolving the parties’
dispute.
On March 3, 2022, DivX, TCL, and
Amazon filed a letter with the
Commission requesting an expedited
determination on whether to review the
subject ID and indicating that none of
the parties would petition for review of
the ID.
The Commission has determined not
to review the ID. Amazon’s intervention
as intervenor in this investigation is
granted.
The Commission vote for this
determination took place on March 18,
2022.
The authority for the Commission’s
determination is contained in section
337 of the Tariff Act of 1930, as
amended, 19 U.S.C. 1337, and in Part
210 of the Commission’s Rules of
Practice and Procedure, 19 CFR part
210.
By order of the Commission.
Issued: March 18, 2022.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2022–06177 Filed 3–23–22; 8:45 am]
BILLING CODE 7020–02–P

DEPARTMENT OF LABOR
[Docket No: DOL–2021–00##]

Privacy Act of 1974; System of
Records
Office of Assistant Secretary for
Administration and Management, DOL.

AGENCY:

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Federal Register / Vol. 87, No. 57 / Thursday, March 24, 2022 / Notices
ACTION:

Notice of a new system of

records.
As required by the Privacy
Act of 1974, and Office of Management
and Budget (OMB) Circular No. A–108,
this notice is a new Privacy Act System
of Records titled Contractor and Visitor
Public Health Emergency Records DOL/
OASAM–38, which include information
on contractor employees, special
government employees and student
volunteers who work in, as well as
visitors to, Department of Labor (DOL)
facilities during declared public health
emergencies. The system contains
information provided by the contractor’s
employees including such information
as their applicable vaccination or
medical countermeasure status and
whether they are experiencing
symptoms associated with the public
health emergency. Each contractor with
employees who will work in DOL
facilities (regardless of whether the
contract is with DOL or another Federal
agency such as GSA) will be asked to
confirm if its employees have been
vaccinated or have received appropriate
medical countermeasures, in addition,
the contractor will be required to ensure
that its employees follow the guidelines
specified for working in DOL facilities,
for example, to mitigate the spread of
COVID–19, not fully vaccinated
employees are required to wear masks
and maintain physical distancing.
Visitors to DOL facilities will also be
asked to provide information about their
vaccination or medical countermeasure
status and information about whether
they are experiencing any symptoms
associated with the public health
emergency. Contractors, special
government employees and student
volunteers may also be asked to provide
proof of their vaccination status.
DATES:
Comment Dates: We will consider
comments that we receive on or before
April 25, 2022.
Applicable date: This notice is
applicable upon publication, subject to
a 30-day review and comment period for
the routine uses.
ADDRESSES: We invite you to submit
comments on this notice. You may
submit comments by any of the
following methods:
• Federal e-Rulemaking Portal: http://
www.regulations.gov. Follow the
instructions for submitting comments.
• Mail, hand delivery, or courier: 200
Constitution Avenue NW, N–1301,
Washington, DC. In your comment,
specify Docket ID DOL–2021–00##.
• Federal mailbox: https://dol.gov/
privacy.

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SUMMARY:

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All comments will be made public by
DOL and will be posted without change
to http://www.regulations.gov, including
any personal information provided.
FOR FURTHER INFORMATION CONTACT: To
submit general questions about the
system, contact Rick Kryger, at
telephone 202–693–4158, or email
kryger.rick.j@dol.gov.
SUPPLEMENTARY INFORMATION: DOL is
establishing a system of records, DOL/
OASAM–38, subject to the Privacy Act
of 1974, 5 U.S.C. 552a. The purpose of
this new system of records is to house
information provided by contractors,
subcontractors, their employees, special
government employees, student
volunteers, and visitors needed for DOL
to take appropriate actions during a
public health emergency. This system
supports DOL’s COVID–19 safety
protocols as required by Executive
Order 13991; Office of Management and
Budget (OMB) Memorandums M–21–15
and M–21–25; COVID–19 Workplace
Safety: Agency Model Safety Principles
issued by the Federal Safer Federal
Workforce Task Force; and other
applicable law and policy. Federal
labor, employment and workforce
health and safety laws that govern the
collection, dissemination, and retention
of DOL employees’ medical information
include the Americans with Disability
Act (ADA), the Rehabilitation Act of
1973 (Rehab Act), and the Occupational
Safety and Health Act of 1970. The
Department of Health and Human
Services (HHS) Secretary may, under
section 319 of the Public Health Service
(PHS) Act codified at 42 U.S.C. 247d,
declare that: (a) A disease or disorder
presents a public health emergency; or
(b) that a public health emergency,
including significant outbreaks of
infectious disease or bioterrorist attacks,
otherwise exists.
The Occupational Safety and Health
Act (OSHA) of 1970, Public Law 91–
596, 29 U.S.C. 668, Section 19(a)
requires the head of each Federal agency
to establish and maintain an effective
and comprehensive occupational safety
and health program and safe and
healthful places and conditions of
employment, and to keep adequate
records of all occupational accidents
and illnesses for proper evaluation and
necessary corrective action. OSHA also
requires that Federal agencies maintain
an injury and illness prevention
program, which is a proactive process
designed to reduce injuries, illnesses,
and fatalities.
This OASAM–38 notice covers DOL
employees and individuals that do not
fall under Title 5 and OPM’s personnel
recordkeeping authority and thus are

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not covered by the OPM/GOVT–10
SORN. Federal civilian employee
medical records are covered by a
government-wide Privacy Act SORN
published by the Office of Personnel
Management (OPM), OPM/GOVT–10,
Employee Medical File System Records
(75 FR 35099, June 21, 2010;
modification published at 80 FR 74815,
November 30, 2015). These Federal
employee confidential medical records
are managed in accordance with OPM
regulations at 5 CFR part 293, the OPM/
GOVT–10 SORN, and its published
routine uses. The OPM/GOVT–10 SORN
covers Federal civilians that are
identified under Title 5 U.S.C. chapter
21. The majority of DOL Federal
employees fall under Title 5 and their
medical records are covered by the
OPM/GOVT–10 SORN and must be
managed in accordance with that SORN
and applicable OPM regulations.
Any collection of records in DOL/
OASAM–38 is only permitted during a
time of a public health emergency or
similar health and safety incident.
During such an emergency or incident,
DOL will only collect the minimum
information necessary to respond to the
emergency or incident, and comply with
Federal workforce safety requirements,
when DOL determines that a significant
risk of substantial harm exists to
individuals working at or visiting a DOL
controlled facility, or attending a DOL
sponsored event in a non-DOL
controlled facility. DOL’s
responsibilities for ensuring a safe
workforce and secure buildings and
workspaces depend on the nature and
circumstances of the public health
emergency.
In order to meet requirements for
workforce safety during a public health
emergency or similar incident, DOL may
collect records that could include
medical countermeasures, such as
vaccinations, diagnostic test results,
whether the individual is experiencing
relevant symptoms, and any other
information necessary to assist DOL
with determining appropriate mitigation
measures to take with respect to
contractor employees, special
government employees, student
volunteers and visitors in DOL facilities
or in the performance of duties
associated with the Department.
In general, the information will be
used to confirm that contractors, their
employees, special government
employees, student volunteers and
visitors to DOL facilities are aware of
and complying with requirements
necessitated by the public health
emergency, such as those to wear masks
and maintain physical distancing while
working onsite or visiting a DOL

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16768

Federal Register / Vol. 87, No. 57 / Thursday, March 24, 2022 / Notices

facility. For onsite contractor
employees, the information will be used
to make decisions such as office space
planning and assigning office space,
assigning tasks that require individuals
to work in close physical proximity, as
well for operational staffing
requirements for carrying out work in
field operations.
DOL may also collect location and
dates of potential exposure, information
related to employee requests for
reasonable accommodation, and other
information that may be relevant or
required for DOL to comply with
Federal guidelines and prevent or slow
the spread of the COVID–19 disease and
mitigate health impacts to DOL
personnel, visitors, and other
individuals at DOL controlled facilities
and sponsored events.
This notice also adds required breach
routine uses to ensure that the
Department can disclose information
necessary to respond to a DOL breach
and to assist another agency in
responding to a confirmed or suspected
breach, as appropriate, pursuant to OMB
M–17–12.
SYSTEM NAME AND NUMBER:

Contractor and Visitor Public Health
Emergency Records DOL/OASAM–38.
SECURITY CLASSIFICATION:

Unclassified.
SYSTEM LOCATION:

The U.S. Department of Labor (DOL)
Office of Assistant Secretary and
Administration and Management owns
the Contractor and Visitor Public Health
Emergency Records System, which is
housed in secure datacenters in the
continental United States. Each DOL
agency that has contractors working in
a DOL facility has custody of the records
pertaining to its own contracts. Contact
the system manager for additional
information.
SYSTEM MANAGER(S):

Rick Kryger, Deputy Chief
Information Officer, Office of the
Assistant Secretary for Administration
and Management, U.S. Department of
Labor, 200 Constitution Avenue NW, N–
1301, Washington, DC 20210.

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AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

National Emergencies Act (50 U.S.C.
1601–1651); the Robert T. Stafford
Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121,
5192(1)); Section 319 of the Public
Health Service (PHS) Act (42 U.S.C.
247d); 5 U.S.C. 301, 7901, 7902, and
7903; the Occupational Safety and
Health Act (29 U.S.C. 668), Executive
Order 12196 ‘‘Occupational safety and

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health programs for Federal
employees’’; Workforce Innovation and
Opportunity Act (WIOA) WIOA 159(g)
((29 U.S.C. 3209(g)) and WIOA
147(a)(3)(J) ((29 U.S.C. 3197(a)(3)(J)).

RECORDS SOURCE CATEGORIES:

PURPOSE(S) OF THE SYSTEM:

To capture and report health and
safety-related information during public
health emergencies. Such reporting will
be provided to DOL contracting officers
and other authorized officials in DOL to
enable the agency to use the data from
the system to review submissions for
compliance with applicable mitigation
requirements, and, in the case of
contractor employees, with contractual
terms and conditions for contracts for
which they are responsible.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:

The Contractor and Visitor Public
Health Emergency Records System
contains records related to employees of
prime and subcontractors who are
performing work on federal contract
awards at any DOL facility, or in shared
operations. An owner, agent, or
employee of a prime or subcontractor
may enter or certify information, as
applicable.
The Contractor and Visitor Public
Health Emergency Records System will
also contain records related to
contractors, subcontractors, their
employees, special government
employees, student volunteers, visitors,
individuals from outside the DOL
workforce on detail to DOL, experts/
consultants, and grantees.
CATEGORIES OF RECORDS IN THE SYSTEM:

The information in the system of
records consists of electronic or hard
copy records, including records of
vaccination status or other medical
countermeasures (such as diagnostic test
results), status of employees or visitors,
and other health and safety information
related to the public health emergency.
The information in the system of
records includes the name of the person
entering, and as applicable, certifying,
information on behalf of the prime or
subcontractor, their position within the
company, phone number, and email
address. Categories of records include,
but are not limited to: Name, unique
identifier assigned by the prime or
subcontractor, medical countermeasure
(vaccination or diagnostic test) status,
symptom questionnaires and other
information relevant and necessary for
mitigation purposes. Optional records
that may be required for certain
contracts or in certain geographic areas
include: Name, position, work phone
number, email address, DOL facility,

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lands, or shared operations at which the
employee will be working on-site, and
other similar records related to their
official responsibilities.

Contract employee records are
created, reviewed and, as appropriate,
certified by the prime or subcontractor.
Records pertaining to the individual
entering and certifying data in the
system may be created by the
individual, by a contracting officer, or in
the case of a subcontractor by the prime
contractor or another subcontractor.
Visitor records are created, reviewed
and, as appropriate, certified by the
appropriate Agency Official receiving
the visitor to the DOL facility.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:

In addition to those disclosures
generally permitted under 5 U.S.C.
552a(b) of the Privacy Act of 1974, and
all universal routine uses listed at 81 FR
25765, 25775 (April 29, 2016) and
https://www.dol.gov/agencies/sol/
privacy/intro, information in this system
may disclosed as follows:
1. The information in this system may
be disclosed to state and local public
health officials for purposed related to
the public health emergency, such as
contract tracing.
2. To appropriate agencies, entities,
and persons when (1) the DOL suspects
or confirms a breach of the System of
Records; (2) the DOL determines as a
result of the suspected or confirmed
breach there is a risk of harm to
individuals, the DOL (including its
information systems, programs, and
operations), the Federal Government, or
national security; and (3) the disclosure
made to such agencies, entities, and
persons is reasonably necessary to assist
in connection with the DOL’s efforts to
respond to the suspected or confirmed
breach or to prevent, minimize, or
remedy such harm.
3. To another Federal agency or
Federal entity, when the DOL
determines that information from this
System of Records is reasonably
necessary to assist the recipient agency
or entity in (1) responding to a
suspected or confirmed breach or (2)
preventing, minimizing, or remedying
the risk of harm to individuals, the
recipient agency or entity (including its
information systems, programs and
operations), the Federal Government, or
national security, resulting from a
suspected or confirmed breach.

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Federal Register / Vol. 87, No. 57 / Thursday, March 24, 2022 / Notices
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:

Electronic records in this system of
records are stored on security measure
protected (for example, eauthentication, password, restricted
access protocol, etc.) databases,
electronically on e-media devices
(computer hard drive, magnetic disc,
tape, digital media, CD, DVD, etc.).
Paper copies of records are stored
within secured or locked facilities.
POLICIES AND PRACTICES FOR RETRIEVEAL OF
RECORDS:

Records may be retrieved by the
individual’s name, unique identifier
assigned by the prime or subcontractor,
vaccination status, position, or facility
at which the employee will be working
on-site.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:

Records are maintained in file folders
and DOL computer systems at
applicable locations as set out above
under the heading ‘‘System Location.’’
System records will be retained and
disposed of according to DOL’s records
maintenance and disposition schedules
as well as any applicable General
Records Schedules.

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ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:

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RECORDS ACCESS PROCEDURES:

Prime and subcontractors enter and
review their own data in the system and
are responsible for ensuring that those
data are correct. If an individual wishes
to access their own data in the system
after it has been submitted, that
individual should consult the System
Manager.
CONTESTING RECORD PROCEDURES:

Individuals desiring to contest or
amend information maintained in the
system should direct their request to the
above listed System Manager and
should include the reason for contesting
it and the proposed amendment to the
information with supporting
information to show how the record is
inaccurate. A request for contesting
records pertaining to an individual
should contain:
• Name, and
• Any other pertinent information to
help identify the file.
NOTIFICATION PROCEDURES:

Records in this system of records are
safeguarded in accordance with
applicable rules and policies, including
all applicable DOL automated systems
security and access policies. Strict
controls have been imposed to minimize
the risk of compromising the
information that is being stored. Access
to the computer systems containing the
records in this system of records is
limited to those individuals who have a
need to know the information for the
performance of their official duties and
who have appropriate clearances or
permissions.
Records in the system are protected
from unauthorized access and misuse
through a combination of
administrative, technical, and physical
security measures. Administrative
measures include but are not limited to
policies that limit system access to
individuals within an agency with a
legitimate business need, and regular
review of security procedures and best
practices to enhance security. Technical
measures include but are not limited to
system design that allows prime
contractor and subcontractor employees
access only to data for which they are
responsible; role-based access controls
that allow government employees access
only to data regarding contracts
awarded by their agency or reporting

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unit; required use of strong passwords
that are frequently changed; and use of
encryption for certain data transfers.
Physical security measures include but
are not limited to the use of data centers
which meet government requirements
for storage of sensitive data.

An individual may request
information regarding this system of
records or information as to whether the
system contains records pertaining to
the individual from the System Manager
above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:

None.
HISTORY:

None.
Milton Stewart,
Senior Agency Official for Privacy, Office of
the Assistant Secretary for Administration
and Management, U.S. Department of Labor.
[FR Doc. 2022–06209 Filed 3–23–22; 8:45 am]
BILLING CODE 4510–04–P

NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
[Notice: (22–022)]

Heliophysics Advisory Committee;
Meeting
National Aeronautics and
Space Administration.
ACTION: Notice of meeting.

16769

Space Administration (NASA)
announces a meeting of the
Heliophysics Advisory Committee
(HPAC). This Committee functions in an
advisory capacity to the Director,
Heliophysics Division, in the NASA
Science Mission Directorate. The
meeting will be held for the purpose of
soliciting, from the science community
and other persons, scientific and
technical information relevant to
program planning.
DATES: Thursday, May 5, 2022, 2:30
p.m.–6:00 p.m.; and Friday, May 6,
2022, 11:00 a.m.–5:00 p.m., Eastern
Time.
FOR FURTHER INFORMATION CONTACT: Mrs.
KarShelia Kinard, Science Mission
Directorate, NASA Headquarters,
Washington, DC 20546, (202) 358–2355,
or karshelia.kinard@nasa.gov.
Dr. Janet Kozyra, Designated Federal
Officer, Science Mission Directorate,
NASA Headquarters, Washington, DC
20546, at janet.kozyra@nasa.gov, 202–
875–3278.
SUPPLEMENTARY INFORMATION: This
meeting will be virtual and will take
place telephonically and via WebEx.
Any interested person must use a touchtone phone to participate in this
meeting. Any interested person may call
the USA toll free number 1–877–939–
1570, or toll number 1–210–234–0110,
passcode 9775739, followed by the #
sign to participate in this meeting by
telephone on both days. The WebEx link
is https://nasaenterprise.webex.com/
nasaenterprise/j.php?MTID=md29775
a628286c1b87f1c28cc34d3b87; the
meeting number is 2763 347 9700 and
the password is HPACMay2022! (case
sensitive) on both days.
The agenda for the meeting includes
the following topic:
• Heliophysics Division Update
• Diversity, Equity, Inclusion and
Accessibility Efforts
• Research and Analysis Program
Trends
It is imperative that the meeting be
held on these dates to accommodate the
scheduling priorities of the key
participants.
Patricia Rausch,
Advisory Committee Management Officer,
National Aeronautics and Space
Administration.
[FR Doc. 2022–06126 Filed 3–23–22; 8:45 am]
BILLING CODE 7510–13–P

AGENCY:

In accordance with the
Federal Advisory Committee Act, as
amended, the National Aeronautics and

SUMMARY:

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NATIONAL SCIENCE FOUNDATION
Notice of Intent To Seek Approval To
Renew an Information Collection
AGENCY:

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National Science Foundation.

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