Office of the Secretary March 2005 – Federal Register Recent Federal Regulation Documents
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Strengthening America's Communities Advisory Committee
On March 1, 2005, the Department of Commerce (the ``Department'') published a notice in the Federal Register (70 FR 9916) announcing the formation of the Strengthening America's Communities Advisory Committee (the ``Committee'') and soliciting nominations for persons to serve on the Committee. The March 1, 2005 notice provides that all nominations of potential members must be received by the Department no later than 4 p.m. (EST) on March 11, 2005. The March 1, 2005 notice also provides additional information concerning the Committee and membership on the Committee. On March 11, 2005, the Department published a notice in the Federal Register (70 FR 12180) extending the deadline for submitting nominations of potential members until 4 p.m. (EST) on March 25, 2005. This notice reopens the nomination period from 4:01 p.m. (EST) on March 25, 2005 until 4 p.m. (EST) on April 1, 2005, in order to provide the public with a final opportunity to submit nominations. Other than extending the deadline for submitting nominations, the evaluation criteria for selecting members and the specific instructions for submitting nominations contained in the March 1, 2005 notice shall continue to apply.
Strengthening America's Communities Advisory Committee
The Strengthening America's Communities Advisory Committee (the ``Committee'') will hold its first meeting on April 15, 2005 in Fresno, California. At this meeting, the Committee will discuss topics relating to the successful implementation of the President's Strengthening America's Communities Initiative (the ``Initiative''). The objectives and duties of the Committee are to provide advice and recommendations to the Secretary of Commerce (the ``Secretary''), and to develop a comprehensive written report of policy parameters to assist in implementing the Initiative, including advising on its legislation, regulations and other guidance.
Strategic Advisory Group Meeting of the U.S. Strategic Command
The Strategic Advisory Group (SAG) will meet in a closed session on April 25 and 26, 2005. The mission of the SAG is to provide timely advice on scientific, intelligence, technical, and policy- related issues to the Commander, U.S. Strategic Command, during the development of the Nation's war plans. Full development of the topics will require discussion of information classified in accordance with Executive Order 12958, dated April 17, 1995, as amended March 25, 2003. Access to this information must be strictly limited to personnel having the requisite security clearances and the specific need-to-know. Unauthorized disclosure of the information to be discussed at the TAG meetings could cause serious damage to our national defense. In accordance with Section 10(d) of the Federal Advisory Committee Act (5 U.S.C. app. 2), it has been determined that this SAG meeting concerns matters listed in 5 U.S.C. section 552b(c), and that, accordingly, this meeting will be closed to the public.
National Security Education Board Group of Advisors Meeting
Pursuant to Public Law 92-463, notice is hereby given of a forthcoming meeting of the National Security Education Board Group of Advisors. The purpose of the meeting is to review and make recommendations to the Board concerning requirements established by the David L. Boren National Security Education Act, Title VIII of Public Law 102-183, as amended.
Threat Reduction Advisory Committee
The Threat Reduction Advisory Committee will meet in closed session on Thursday, April 7, 2005, at the Institute for Defense Analyses (IDA), and on Friday, April 8, 2005 in the Pentagon, Washington, DC. The Committee meets twice per year to advise the Under Secretary of Defense (Acquisition, Technology and Logistics) on reducing the threat from weapons of mass destruction. The Committee will receive classified briefings on chemical and biological warfare defense, nuclear deterrence transformation, combating weapons of mass destruction, and intelligence requirements. The Committee will hold classified discussions on these and related national security matters. In accordance with Section 10(d) of the Federal Advisory Committee Act, Public Law 92-463, as amended (5 U.S.C. Appendix II), it has been determined that this Committee meeting concerns matters listed in 5 U.S.C. 552b(c)(1), and that accordingly the meeting will be closed to the public.
Revised Non-Foreign Overseas Per Diem Rates
The Per Diem, Travel and Transportation Allowance Committee is publishing Civilian Personnel Per Diem Bulletin Number 238. This bulletin lists revisions in the per diem rates prescribed for U.S. Government employees for official travel in Alaska, Hawaii, Puerto Rico, the Northern Mariana Islands and Possessions of the United States. AEA changes announced in Bulletin Number 194 remain in effect. Bulletin Number 238 is being published in the Federal Register to assure that travelers are paid per diem at the most current rates.
Negotiated Rulemaking Advisory Commiteee on Minimum Standards for Driver's Licenses and Personal Identification Cards
This document sets forth the schedule for the meetings of the Negotiated Rulemaking Advisory Committee on Minimum Standards for Driver's Licenses and Personal Identification Cards. Pursuant to section 7212 of the Intelligence Reform and Terrorism Prevention Act of 2004, the Office of the Secretary, DOT, is establishing a committee to develop, through negotiated rulemaking procedures, recommendations for minimum standards to tighten the security for driver's licenses and personal identification cards issued by States, in order for these documents to be accepted for use by Federal agencies for any official purpose, including identification, a given time after the final rule goes into effect. The committee will consist of persons who represent the interests affected by the proposed rule, i.e., State offices that issue driver's licenses or personal identification cards, elected State officials, the Departments of Transportation and Homeland Security, and other interested parties.
Exxon Valdez Oil Spill Trustee Council; Notice of Meeting
The Department of the Interior, Office of the Secretary is announcing a public meeting of the Exxon Valdez Oil Spill Public Advisory Committee.
Privacy Act of 1974; System of Records
The Office of the Secretary of Defense proposes to add a system of records to its inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended.
Mineral Exploration and Extraction on DOD Lands
This document removes information in Title 32 of the Code of Federal Regulations concerning Mineral Exploration and Extraction on DOD Lands. This part has served the purpose for which it was intended in the CFR and is no longer necessary.
Contractors' Safety for Ammunition and Explosives
The Department of Defense (DoD) is codifying its revised explosives safety standards for ammunition and explosives (A&E) work performed under DoD contracts. This proposed rule is necessary to minimize the potential for mishaps that could interrupt DoD operations, delay project completion dates, adversely impact DoD production base or capability, damage or destroy DoD-owned material/equipment, cause injury to DoD personnel, or endanger the general public. The benefits of this proposed rule in terms of the protection of the public and ensuring contract performance are expected to balance its potential cost or administrative impacts. Only provisions related to conventional AE operations have been included in this proposed rule. No attempt was made to encompass general industrial safety, occupational health concerns, chemical warfare agents, radiation, or over-the-road transportation requirements, because these are either the responsibility of other regulatory agencies (for example DOT, DOL/OSHA, or NRC) or may be addressed elsewhere in the contract by the procuring activity. Budgetary effects of this proposed rule are minimal since existing DoD Federal Acquisition Regulation Supplement coverage already requires compliance with safety requirements in AE solicitations and contracts. Finally, because this proposed rule is needed to minimize the potential for AE mishaps that could adversely impact DoD and the public, timely publication in the Federal Register is important.
Privacy Act of 1974; Implementation of Exemptions; Correction
The Department of Homeland Security (DHS) is correcting a notice of proposed rulemaking that was published in the Federal Register on March 22, 2005, at 70 FR 14427 which gives notice that DHS is concurrently establishing a new system of records pursuant to the Privacy Act of 1974 for the Bureau of Immigration and Customs Enforcement, Student and Exchange Visitor Program. In that proposed rulemaking, the Department proposes to exempt portions of this system of records from one or more provisions of the Privacy Act because of criminal, civil and administrative enforcement requirements. In the Heading of the proposed rulemaking, DHS inadvertently mislabeled the DHS docket number associated with the rulemaking. DHS would like to announce that the DHS docket number for submitting comments via to this notice is DHS-2005-0016. Directions for submitting comments using this method are outlined within 70 FR 14427.
Privacy Act of 1974; System of Records; Correction
The Department of Homeland Security (DHS) is correcting a notice that was published in the Federal Register on March 22, 2005, at 70 FR 14477 which gives notice that the Bureau of Immigration and Customs Enforcement (ICE) proposes to add a new system of records to the Department's inventory of record systems. The system of records is the Student and Exchange Visitor Information System. In the Heading of the notice, DHS inadvertently mislabeled the DHS docket number associated with the notice. DHS would like to announce that the DHS docket number for submitting comments to this notice is DHS-2005-0015. Directions for submitting comments using this method are outlined within 70 FR 14477.
Findings of Scientific Misconduct
Notice is hereby given that the Office of Research Integrity (ORI) and the Acting Assistant Secretary for Health have taken final action in the following case: Eric T. Poehlman, Ph.D., University of Vermont: Based on the report of an investigation conducted by the University of Vermont (Report), admissions made by the respondent, and additional analysis conducted by ORI in its oversight review, the U.S. Public Health Service (PHS) found that Eric T. Poehlman, Ph.D., former Professor, Department of Medicine at the University of Vermont College of Medicine, engaged in scientific misconduct in research. The research was supported by National Institutes of Health (NIH) grants from the National Institute of Aging (NIA), the National Institute of Diabetes and Digestive and Kidney Diseases (NIDDK), and the National Center for Research Resources (NCRR). Specifically, PHS found that the respondent is responsible for scientific misconduct by engaging in the misleading and deceptive practices set forth herein below:
President's Information Technology Advisory Committee (PITAC)
This meeting is focused on the presentation and deliberation of PITAC's draft report on computational science. Public input will be solicited during a public comment period. An update will also be provided on the dissemination of PITAC's new report Cyber Security: A Crisis of Prioritization. A small fraction of the meeting time may be allocated for other PITAC updates at the discretion of the co-chairs and the designated Federal officer.
Transformation Advisory Group Meeting the U.S. Joint Forces Command
The Transformation Advisory Group (TAG) will meet in a closed session on May 2-3, 2005. The mission of the TAG is to provide timely advice on scientific, technical, and policy-related issues to the Commander, U.S. Joint Forces Command as he develops DoD transformation strategy. Full development of the topics will require discussion of information classified in accordance with Executive Order 12958, dated April 17, 1995, as amended March 25, 2003. Access to this information must be strictly limited to personnel having the requisite security clearances and the specific need-to-know. Unauthorized disclosure of the information to be discussed at the TAG meetings could cause serious damage to our national defense. The meeting will be closed for security reasons pursuant to 5 U.S.C. 552, Exemption (b)1, on protection of national security, and Exemption (b)3 regarding information protected under the Homeland Security Act of 2002, and in accordance with 41 CFR section 102-3.155.
Privacy Act of 1974; System of Records
In accordance with the Privacy Act of 1974, the Bureau of Immigration and Customs Enforcement, a component agency within the Directorate for Border and Transportation Security of the Department of Homeland Security is giving notice that it proposes to add a new system of records to the Department's inventory of record systems. The system of records is the Student and Exchange Visitor Information System.
Privacy Act of 1974: Implementation of Exemptions
The Department of Homeland Security is concurrently establishing a new system of records pursuant to the Privacy Act of 1974 for the Bureau of Immigration and Customs Enforcement, Student and Exchange Visitor Program. In this proposed rulemaking, the Department proposes to exempt portions of this system of records from one or more provisions of the Privacy Act because of criminal, civil and administrative enforcement requirements.
Data Privacy and Integrity Advisory Committee
This notice announces the date, time, location, and agenda for the inaugural meeting of the Department of Homeland Security Data Privacy and Integrity Advisory Committee.
Participation by Disadvantaged Business Enterprises in Airport Concessions
This rule revises and updates the Department's regulation concerning participation by airport concessionaire disadvantaged business enterprises (ACDBEs) in the concessions activities of airports receiving Federal financial assistance from the airport improvement program (AIP) of the Federal Aviation Administration (FAA). It makes the ACDBE concessions rule parallel in many important respects to the Department's DBE regulation for Federally-assisted contracts. It also addresses issues such as goal-setting, personal net worth and business size standards, and counting ACDBE participation by car rental companies.
Participation by Disadvantaged Business Enterprises in Airport Concessions
This SNPRM seeks further comment on the issue of business size standards for the Department of Transportation's airport concession disadvantaged business enterprise (ACDBE) program. It also requests comment on issues such as additional measures to combat fraud and abuse in the program and to provide additional flexibility for airports in implementing the program.
Meeting of the DOD Advisory Group on Electron Devices
The DoD Advisory Group on Electron Devices (AGED) announces a closed session meeting.
Notification of an Open Meeting of the Board of Visitors (BOV), National Defense University
The President, National Defense University has scheduled a meeting of the Board of Visitors. Request subject notice be published in the Federal Register. The National Defense University Board of Visitors is a Federal Advisory Board. The Board meets twice a year in proceedings that are open to the Public.
36(b)(1) Arms Sales Notification
The Department of Defense is publishing the unclassified text of a section 36(b)(1) arms sales notification. This is published to fulfill the requirements of section 155 of Public Law 104-164 dated 21 July 1996.
Notice of Proposed Changes to Procedures; Request for Comments
These proposed changes to procedures modify the Departmental Manual at 516 DM 2.5, Cooperating Agencies (40 CFR 1501.6). These proposed procedures clarify the responsibility of managers to offer this status to qualified agencies and governments, and to respond to requests for this status. These proposed procedures also make clear the role of cooperating agencies in the implementation of the Department's National Environmental Policy Act (NEPA) compliance process. When adopted, these procedures will be published and added to the Electronic Library of Interior Policies (ELIPS). ELIPS is located at: https://elips.doi.gov/. The proposed changes to the procedures are necessary to emphasize the importance of working with Federal and State agencies and Tribal and local governments through cooperating agency relationships in preparing environmental impact statements under NEPA.
Notice of the USDA Technology and eGovernment Advisory Council Meeting
In accordance with the Federal Advisory Committee Act, 5 U.S.C. App 2, the United States Department of Agriculture announces a meeting of the USDA Technology and eGovernment Advisory Council. The Council will advise the Secretary and the Chief Information Officer in planning and developing strategies for technology and eGovernment Initiatives.
Office of the Actuary; Notice of a Meeting
A meeting of the Board has been scheduled to execute the provisions of Chapter 56, Title 10, United States Code (10 U.S.C. 1114 et. seq.). The Board shall review DoD actuarial methods and assumptions to be used in the valuation of benefits under DoD retiree health care programs for Medicare-eligible beneficiaries. Persons desiring to: (1) Attend the DoD Medicare-Eligible Retiree Health Care Board of Actuaries meeting, or (2) make an oral presentation or submit a written statement for consideration at the meeting, must notify Bill Klunk at 703-696- 7404 by May 10, 2005. Notice of this meeting is required under the Federal Advisory Committee Act.
Civilian Health and Medical Program of the Uniformed Services (CHAMPUS); TRICARE Reserve Select for Certain Members of the Selected Reserve; Transitional Assistance Management Program; Early Eligibility for TRICARE for Certain Reserve Component Members
This interim final rule establishes requirements and procedures for implementation of TRICARE Reserve Select. It also revises requirements and procedures for the Transitional Assistance Management Program. In addition, it establishes requirements and procedures for implementation of the earlier TRICARE eligibility for certain reserve component members. The rule is being published as an interim final rule with comment period in order to comply with statutory effective dates.
Child Labor Education Initiative
The U.S. Department of Labor (USDOL), Bureau of International Labor Affairs (ILAB), intends to award approximately U.S. $17 million to organizations to develop and implement formal, non-formal, and vocational education programs as a means to combat exploitive child labor in the following countries: Mozambique, Angola, Sierra Leone, Liberia, Ecuador, Bolivia, and Guyana. ILAB intends to solicit cooperative agreement applications from qualified organizations (i.e., any commercial, international, educational, or non-profit organization capable of successfully developing and implementing education programs) to implement programs that promote school attendance and provide educational opportunities for working children or children at risk of starting to work. The programs should focus on innovative ways to provide educational services to children engaged, or at risk of engaging, in exploitive labor and should address the many gaps and challenges to basic education found in the countries mentioned above. Please refer to https://www.dol.gov/ILAB/grants/main.htm for examples of previous notices of availability of funds and solicitations for cooperative agreement applications. Information on the specific sectors, geographical regions, and funding levels on the potential projects in the countries listed above will be addressed in solicitations for cooperative agreement applications to be published prior to September 30, 2005. Thus, we request that inquiries to USDOL for such information be limited until publication of the solicitations. For a list of frequently asked questions on Child Labor Education Initiative Solicitations for Cooperative Agreement Applications, please visit https://www.dol.gov/ ILAB/faq/faq36.htm. USDOL will hold a bidder's meeting on Tuesday, April 12, 2005 to answer any questions potential applicants may have on Child Labor Education Initiative Solicitations for Cooperative Agreement Applications. Please see below for more information on the bidder's meeting.
Findings of Scientific Misconduct
Notice is hereby given that the Office of Research Integrity (ORI) and the Acting Assistant Secretary for Health have taken final action in the following case: Gary M. Kammer, M.D., Wake Forest University: Based on the Wake Forest University (WFU) Investigation Report, the respondent's admission, and additional analysis conducted by ORI in its oversight review, the U.S. Public Health Service (PHS) found that Gary M. Kammer, M.D., former Professor, Division of Rheumatology, Department of Internal Medicine, and Department of Microbiology and Immunology at the WFU School of Medicine, engaged in scientific misconduct by falsification and fabrication of research in grant application 2 R01 AR39501-12A1, ``T Lymphocyte Dysfunction in Lupus Erythematosus,'' submitted to the National Institute of Arthritis and Musculoskeletal Skin Diseases (NIAMS), National Institutes of Health (NIH), and in 1 R01 AI46526-01A2, ``Protein Kinase A-II in the Pathogenesis of Lupus,'' submitted to the National Institute of Allergy and Infectious Diseases (NIAID), NIH. Specifically, PHS found that: The respondent fabricated Families 2 and 3 in Figure 6 and related text in application 2 R01 AR39501-12A1 (pp. 29-30), entitled (``T Lymphocyte Dysfunction in Lupus Erythematosus'') by: a. Making up both of the pedigrees, b. Fabricating 13 PKA-I and 13 PKA-II values for these non-existent affected and unaffected family members, and c. Composing the false text describing these two fabricated families. The respondent falsified the text describing the results in Figure 20 (``Inhibition of c-fos luciferase activity in S49 T cells transiently transfected with pIRES2-RIIb-EGFP and treated with 8-Cl- cAMP'') in application 1 R01 AI46526-01A2 (p. 27), by falsely reporting N = 4, P less than 0.002, when the experiment had been performed only one time at the time that the application was submitted. PHS also concluded that the respondent further demonstrated a lack of present responsibility as a Principal Investigator by submitting NIH grant proposals with additional unsupported experimental results: The pedigree and data for the family reported in grant application 2 R01 AR39501-12 and for Family 1 in grant application 2 R01 AR39501-12A1 are incorrect and the data pertaining to this family that Dr. Kammer subsequently provided to WFU after the inquiry were not the data reported in the applications. Dr. Kammer stated that he did not recall who in his laboratory gave him this pedigree. ORI noted that the actual PKA data for the ``proof-of-principle'' family, while suggesting that low PKA values may be hereditary (the presence of low PKA-I values in three generations), do not support the claims of the fabricated and mixed up pedigree and data that show that low PKA-I values were associated with Systematic Lupus Erythematosus (SLE) (application 2R01 AR39501-12). In application, R01 AI39501-12A1, the following unsupported statement was also included: ``In both normal and disease controls, all T cells express CD59+ and there is no significant difference in its cell surface expression on CD4+, CD45RA+, CD4+, CD45RO+, CD8+, CD45RA+, CD8+, CD45RO+ subsets (n=4 each control group; data not shown).'' No data could be produced to support the information in the grant application about these control experiments. Dr. Kammer has entered into a Voluntary Exclusion Agreement (Agreement ) in which he has voluntarily agreed for a period of three (3) years, beginning on February 15, 2005: (1) To exclude himself from serving in any advisory capacity to PHS including but not limited to service on any PHS advisory committee, board, and/or peer review committee, or as a consultant, and (2) To exclude himself from any contracting or subcontracting with any agency of the United States Government and from eligibility or involvement in nonprocurement programs of the United States Government referred to as ``covered transactions'' as defined in the debarment regulations at 45 CFR part 76. This voluntary exclusion precludes the respondent from receiving Federal research, research training, or other research related funds from the Federal Government for three (3) years, but shall not apply to the respondent's participation in a Federal health care program as defined in section 1128B(f) of the Social Security Act and shall not apply to Federal funds used solely for purposes of teaching or training medical students, residents, or fellows in clinical medical matters.
Strengthening America's Communities Advisory Committee
On March 1, 2005, the Department of Commerce (the ``Department'') published a notice in the Federal Register (70 FR 9916) announcing the formation of the Strengthening America's Communities Advisory Committee (the ``Committee'') and soliciting nominations for persons to serve on the Committee. The March 1, 2005 notice provides that all nominations of potential members must be received by the Department no later than 4 p.m. (EST) on March 11, 2005. The March 1, 2005 notice also provides additional information concerning the Committee and membership on the Committee. This notice extends the deadline for submitting nominations of potential members until 4 p.m. (EST) on March 25, 2005, in order to provide the public with more time to consider and submit nominations. Other than extending the deadline for submitting nominations, the evaluation criteria for selecting members and the specific instructions for submitting nominations contained in the March 1, 2005 notice shall continue to apply.
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