Office of the Secretary 2007 – Federal Register Recent Federal Regulation Documents

On Friday, April 6, 2007 (72 FR 17136), the Department of Defense published a notice of a meeting of the President's Commission on Care for America's Returning Wounded Warriors. This notice makes corrections to that notice as follows:

The Department of Defense (the Department or DoD) proposes to amend our regulations by adding a new part to implement the consumer protections covered by Public Law 109-364, the John Warner National Defense Authorization Act for Fiscal Year 2007, section 670, ``Limitations on Terms of Consumer Credit Extended to Service Members and Dependents'' (October 17, 2006). Section 670 of Public Law 109-364 created 10 U.S.C. 987 and requires the Secretary of Defense to prescribe regulations to carry out the new section. The proposed regulation is intended to regulate the terms of consumer credit extended by creditors to active duty service members and their dependents.

Pursuant to the Federal Advisory Committee Act of 1972 (5 U.S.C., Appendix, as amended), the Sunshine in the Government Act of 1976 (5 U.S.C. 552b, as amended) and 41 Code of Federal Regulations (CFR) 102-3.140 through 160, the Department of Defense announces the following committee meeting: Name of Committee: Department of Defense Task Force on the Future of Military Health Care, a duly established subcommittee of the Defense Health Board. Date of Meeting: April 18, 2007. Time of Meeting: 9 a.m. to 4 p.m. Place of Meeting: National Transportation Safety Board Conference Center, 429 L'Enfant Plaza, Washington, DC 20594. Purpose of Meeting: To obtain, review, and evaluate information related to the Task Force's congressionally-directed mission to examine matters relating to the future of military health care. The Task Force members will receive briefings on topics related to the delivery of military health care during the public meeting. Agenda: Discussion topics include: Efficiencies of the military healthcare system; outreach programs and mail order pharmacy issues. Prior to the public meeting the Task Force will conduct an Administrative Work Meeting from 8:30 a.m. to 8:50 a.m. to discuss solely administrative matters of the Task Force, and to receive administrative information from the Department of Defense. In addition, the Task Force, following its public meeting, will conduct a Preparatory Work Meeting from 4:10 p.m. to 4:40 p.m. to solely analyze relevant issues and facts in preparation for the Task Force's next public meeting. Both the Administrative and Preparatory Meetings will be held at the National Transportation Safety Board Conference Center, and pursuant to 41 CFR 102-3.160(a) and (b), both the Administrative Work Meetings and the Preparatory Work Meetings are closed to the public. Additional information and meeting registration is available online at the Task Force Web site: www.DoDfuturehealthcare.net.

On March 30, 2007 (72 FR 15118) the Department of Defense published a notice on Department of Defense Task Force on the Future of Military Health Care. Pursuant to the Federal Advisory Committee Act (FACA) of 1972 (5 U.S.C., Appendix, as amended), the Sunshine in the Government Act of 1976 (5 U.S.C. 552b, as amended) and 41 Code of Federal Regulations (CFR) 102-3.140 thorough 160, the Department of Defense announced the Department of Defense Task Force on the Future of Military Health Care's April 9 and 10, 2007 meeting in San Antonio, Texas Following submission of that Federal Register notice the Task Force members, on March 28, 2007 changed the agenda for the scheduled meeting in San Antonio. Due to these changes and pursuant to 41 CFR 102-3.150, Department of Defense announces a Corrected Meeting Notice for the April 9-10, 2007 meeting of the Department of Defense Task Force on the Future of Military Health Care: Name of Committee: Department of Defense Task Force on the Future of Military Health Care (hereafter referred to as the Task Force), a duly established subcommittee of the Defense Health Board.

The Strategic Advisory Group (SAG) will meet in closed session on 8-10 May 2007. The mission of the SAG is to provide timely advice on scientific, technical, intelligence, and policy-related issues to the Commander, U.S. Strategic Command, during the development of the Nation's strategic war plans. Full development of the topics will require discussion of information classified in accordance with Executive Order 12958, dated April 17, 1995. Access to this information must be strictly limited to personnel having requisite security clearances and specific need-to- know. Unauthorized disclosure of the information to be discussed at the SAG meeting could have exceptionally grave impact upon national defense. In accordance with Section 10(d) of the Federal Advisory Committee Act (5 U.S.C. App.), it has been determined that this SAG meeting concerns matters listed in 5 U.S.C. Section 552b(c)(1), and that, accordingly, this meeting will be closed to the public.

This rule provides reimbursement to fixed-base general aviation operators and providers of general aviation ground support services at five metropolitan Washington, DC area airports, for the direct and incremental financial losses they incurred while the airports were closed due to Federal government actions taken after the terrorist attacks on September 11, 2001. The airports are: Ronald Reagan Washington National Airport; College Park Airport in College Park, Maryland; Potomac Airfield in Fort Washington, Maryland; Washington Executive/Hyde Field in Clinton, Maryland; and Washington South Capitol Street Heliport in Washington, DC.

Pursuant to the Privacy Act of 1974, the Department of Homeland Security, U.S. Citizenship and Immigration Services, proposes to add a new system of records to the Department's inventory, entitled Biometric Storage System. This new system will replace the following existing legacy systems, the Image Storage and Retrieval System (ISRS), 64 FR 18052, and portions of the Biometric Benefit Support System (BBSS).

The Department of Transportation is directing all interested persons to show cause why it should not issue an order finding Alaska Central Express, Inc., fit, willing, and able, and awarding it a certificate of public convenience and necessity to engage in interstate air transportation of persons, property and mail.

The Defense Business Board (DBB) will meet in open session on Thursday, April 26th at the Pentagon, Washington, DC, from 8:05 a.m. to 8:50 a.m. The mission of the DBB is to advise the Secretary of Defense on effective strategies for implementation of best business practices of interest to the Department of Defense. At this meeting, the Board will deliberate on findings from three task groups: Task Group on Review of Prior DBB Supply Chain Reports, Task Group on Tooth-to-Tail Analysis, and Task Group on Developing a Framework for Analyzing Executive Level Compensation. Copies of DRAFT Task Group presentations will be made available on April 18th by contacting the DBB Office. Members of the public who wish to provide input to the board should submit written comments by 5 p.m., Monday, April 23rd to allow time for distribution to the Board members prior to the meeting. Additionally, those who wish to attend the meeting must contact the Defense Business Board no later than Noon on Monday, April 23rd, for further information about escort arrangements in the Pentagon.

Notice is hereby given that on March 12, 2007 the Department of Health and Human Services (HHS) Debarring Official, on behalf of the Secretary of HHS, issued a final notice of debarment based on the misconduct in science findings of the U.S. Public Health Service (PHS) in the following case: Rebecca Uzelmeier (formerly known as Rebecca Marcus), Michigan State University: Based on the report of an investigation by Michigan State University (MSU) and additional information obtained by the Office of Research Integrity (ORI) during its oversight review, ORI found that Rebecca Uzelmeier, former doctoral student, Department of Pharmacology and Toxicology, MSU, committed misconduct in science by intentionally and knowingly fabricating and falsifying data in research supported by National Institute of Environmental Health Sciences (NIEHS), National Institutes of Health (NIH), granted R01 ES02520. ORI issued a charge letter enumerating the above findings of misconduct in science. However, on October 12, 2006, Ms. Uzelmeier filed a request for a hearing under 42 CFR part 93 to dispute these findings before the U.S. Department of Health and Human Services (HHS) Departmental Appeals Board (DAB). On October 19, 2006, ORI moved to dismiss Ms. Uzelmeier's hearing request because it failed to create a genuine dispute of either material fact or law, as required under 42 CFR 93.504. On March 5, 2007, the Administrative Law Judge (ALJ) with the DAB ruled in ORI's favor and dismissed Ms. Uzelmeier's hearing request pursuant to 42 CFR 93.504(a)(2). The ALJ found that Ms. Uzelmeier's hearing request raised defenses that either were immaterial to the charges of misconduct in science or that the ALJ had no authority to grant Ms. Uzelmeier's request for relief under Part 93. Specifically, Ms. Uzelmeier knowingly and intentionally; Fabricated and falsified data in her research notebook primarily by multiple instances of using data/results generated from one experiment to represent data/results purportedly obtained from one or more entirely different experiments; and Fabricated and falsified data in her thesis entitled ``Characterization of the Molecular Mechanism(s) Underlying the Interaction(s) between 2,3,7,8-tetrachlorodibenzo-p-Dioxin Mediated and Interferon Gamma Mediated Signal Transduction,'' including falsifying and fabricating autoradiographic films, computer image files scanned from those films, numerical data reduced from those computer files, documentation of those results in her black three-ring binder, and data in associated multiple figures and projection slides. Ms. Uzlmeier's research concerned the interaction between the environmental toxin, dioxin, and a cytokine, interferon, on cellular signaling in the immune system. The approach was to exploit dioxin, or ``TCDD'' (2,3,7,8-tetrachlorodibenzo-p-dioxin), as a probe that suppresses the immune system to delineate a role for the aryl hydrocarbon receptor protein (AhR), which is a cytosolic receptor that can be transported to the nucleus to also act as a nuclear transcription factor. The specific aim was to determine whether the mechanism of action of a naturally occurring regulatory factor, interferon-[gamma] (IFN-[gamma]), to antagonize the immunosuppressive actions of dioxin, was through reduced AhR signaling. Ms. Uzelmeier's actions caused the withdrawal of a manuscript that had been submitted for publication, the withdrawal of her mentor's PHS grant application, and her dismissal from graduate school. The following administrative actions have been implemented for a period of five (5) years, beginning on March 12, 2007: (1) Ms. Uzelmeier has been debarred 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 2 CFR 180 and 376; and (2) Ms. Uzelmeier is prohibited 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 consultant.

A meeting of the Board has been scheduled to execute the provisions of the Chapter 101, Title 10, United States Code (10 U.S.C. 2006). The Board shall review DoD actuarial methods and assumptions to be used in the valuation of the Department of Defense Education Benefits Fund. Persons desiring to attend the DoD Education Benefits Board of Actuaries meeting, or make an oral presentation or submit a written statement for consideration at the meeting, must notify Inger Pettygrove at (703) 696-7413 by August 13, 2007. Notice of this meeting is required under the Federal Advisory Committee Act.

This document adjusts the dollar limits and size limits used to define small businesses for the Department of Transportation's Airport Concessions Disadvantaged Business Enterprise (ACDBE) program. The Department of Transportation amends these size limits in order to ensure that the opportunity of small businesses to participate in the ACDBE program remains unchanged after taking inflation into account. This document, as required by statute, also adjusts the dollar limits used to define small businesses for the Department of Transportation's Disadvantaged Business Enterprise (DBE) program, which applies to State and local highway, transit, and airport recipients of DOT financial assistance. This document also corrects a reference error in a previous final rule. Finally, this document makes minor changes to the language of a previous rule in order to accurately explain the role of administrative guidance material.

The Defense Science Board Task Force on Nuclear Deterrence Skills will meet in closed session on April 26-27, 2007; at the Strategic Analysis, Inc., 3601 Wilson Boulevard, Arlington, VA. The mission of the Defense Science Board is to advise the Secretary of Defense and the Under Secretary of Defense for Acquisition, Technology & Logistics on scientific and technical matters as they affect the perceived needs of the Department of Defense. At these meetings, the Defense Science Board Task Force will: assess all aspects of nuclear deterrent skills as well as the progress Department of Energy (DoE) has made since the publication of the Chiles Commission report. In accordance with Section 10(d) of the Federal Advisory Committee Act, Pub. L. No. 92-463, as amended (5 U.S.C. App. II), it has been determined that these Defense Science Board Task Force meetings concern matters listed in 5 U.S.C. 552b(c)(1) and that, accordingly, the meetings will be closed to the public.

The Defense Science Board Task Force on National Guard and Reserves in the GWOT will meet in closed session on April 17-18, 2007; at the Strategic Analysis Inc., 3601 Wilson Boulevard, Arlington, VA. The mission of the Defense Science Board is to advise the Secretary of Defense and the Under Secretary of Defense for Acquisition, Technology & Logistics on scientific and technical matters as they affect the perceived needs of the Department of Defense. At these meetings, the Defense Science Board Task Force will: Assess the consequences for force structure, morale, and mission capability of deployments of members of the National Guard and the Reserves in the course of the global war on terrorism that are lengthy, frequent, or both. In accordance with Section 10(d) of the Federal Advisory Committee Act, P.L. No. 92-463, as amended (5 U.S.C. App. II), it has been determined that these Defense Science Board Task Force meetings concern matters listed in 5 U.S.C. 552b(c)(1) and that, accordingly, the meetings will be closed to the public.

The Department of the Interior announces adoption of a small business non-retaliation policy. If a small business questions or lodges a complaint regarding a policy or action of the Department or one of its bureaus, or seeks outside help in dealing with a Department or Bureau policy or action, the Department of the Interior will not retaliate in any fashion. The full policy is set out in the body of this notice.

Pursuant to the Federal Advisory Committee Act of 1972 (5 U.S.C., Appendix, as amended), the Sunshine in the Government Act of 1976 (5 U.S.C. 552b, as amended), and 41 CFR 102-3.150, the following meeting is announced: Name of Committee: Department of Defense Task Force on Mental Health, a duly established subcommittee of the Defense Health Board. Dates: April 16, 2007 (Morning and AfternoonOpen Session). Times: 9 a.m.-11:30 a.m. (Morning). 1 p.m.-3 p.m. (Afternoon). 3 p.m.-4 p.m. (Public Testimony). Location: Marriott Plaza, 555 South Alamo, San Antonio, Texas 78205. Agenda: Pursuant to 5 U.S.C. 552b, as amended, and 42 CFR 102-3.140 through 102-3.165, and the availability of space this meeting is open to the public. The purpose of the meeting is to obtain, review, and evaluate information related to the Mental Health Task Force's congressionally-mandated task of assessing the efficacy of mental health services provided to members of the Armed Forces by the Department of Defense. The Task Force members will publicly deliberate on the Elements of the Report outlined by Congress in regards to mental health care delivery to military service members, their families, and veterans. In addition to public deliberations, the Task Force will also conduct administrative sessions.

This notice announces the forthcoming public meeting of the Code Committee established by Article 146(a), Uniform Code of Military Justice, 10 U.S.C. 946(a), to be held at the Courthouse of the United States Court of Appeals for the Armed Forces, 450 E Street, NW., Washington, DC 20442-0001, at 10 a.m. on Tuesday, May 15, 2007. The agenda for this meeting will include consideration of proposed changes to the Uniform Code of Military Justice and the Manual for Courts- Martial, United States, and other matters relating to the operation of the Uniform Code of Military Justice throughout the Armed Forces.