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

Under the provisions of the Federal Advisory Committee Act of 1972 (5 U.S.C., Appendix, as amended) and the Sunshine in the Government Act of 1976 (5 U.S.C. 552b, as amended) the Department of Defense (DoD) announces the following Federal Advisory Committee meeting. Name of Committee: Missile Defense Advisory Committee (MDAC). Dates of Meeting: October 11-12, 2007. Location: 7100 Defense Pentagon, Washington, DC 20301-7100. Time: 8 a.m. to 5 p.m. Purpose of Meeting: At this meeting, the Committee will receive classified briefings by MDA senior staff, Program Managers, senior DoD leaders, representatives from industry and the Services on the appropriate role for MDA in Cruise Missile Defense (CMD). The mission of the MDAC is to provide the Department of Defense advice on all matters relating to missile defense, including system development, technology, program maturity and readiness of configurations of the Ballistic Defense System to enter the acquisition process. Proposed Agenda: Topics tentatively scheduled for discussion includes, but is not limited to administrative work; responsibilities for CMD development; current MDA CMD capabilities and responsibilities; review of governing directives; and CMD capabilities development programs for the Services.

Under the provisions of 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 102-3.65, the Department of Defense gives notice that it will renew the charter for the Department of Defense Historical Advisory Committee on January 23, 2008. The Task Force, under the provisions of the Federal Advisory Committee Act of 1972 (5 U.S.C., Appendix, as amended), provides independent advice and recommendations on matters regarding the professional standards, historical methodology, program priorities, liaison with professional groups and institutions, and adequacy of resources of the various historical programs and associated activities of the Department of Defense. The committee is comprised of the historians from the Office of the Secretary of Defense, the Offices of the Secretaries of the Army and Navy, and the Office of the Chairman of the Joint Chiefs of Staff. In addition, the committee is authorized to establish subcommittees, and it has two subcommittees that currently deal with history-related issues involving the Department of the Army and the Department of the Navy. Committee and subcommittee members appointed by the Secretary of Defense, who are not full-time Federal officers or employees, shall serve as Special Government Employees, and all members shall be appointed on an annual basis. With the exception of travel and per diem, the committee and subcommittee members will serve without compensation. The Department of Defense Historical Advisory Committee shall meet at the call of the committee's Designated Federal Officer, in consultation with the chairperson. The Designated Federal Officer shall be a full-time or permanent part-time DoD employee, and shall be appointed in accordance with established DoD policies and procedures. The Designated Federal Officer or duly appointed Alternate Designated Federal Officer shall attend all committee meetings and subcommittee meetings. The committee shall be authorized to establish subcommittees, as necessary and consistent with its mission, and these subcommittees or working groups shall operate under the provisions of the Federal Advisory Committee Act of 1972, the Sunshine in the Government Act of 1976 (5 U.S.C. 552b, as amended), and other appropriate Federal regulations. Such subcommittees or workgroups shall not work independently of the chartered committee, and shall report all their recommendations and advice to the parent committee for full deliberation and discussion. Subcommittees or workgroups have no authority to make decisions on behalf of the chartered committee nor can they report directly to the Department of Defense or any Federal officers or employees who are not committee members. Pursuant to 41 CFR 102-3.105(j) and 102-3.140, the public or interested organizations may submit written statements to the Department of Defense Historical Advisory Committee membership about the committee's mission and functions. Written statements may be submitted at any time or in response to the stated agenda of planned meeting of the Department of Defense Historical Advisory Committee. All written statements shall be submitted to the Designated Federal Officer for the Department of Defense Historical Advisory Committee, and this individual will ensure that the written statements are provided to the membership for their consideration. Contact information for the Designated Federal Officer can be obtained from the GSA's FACA Databasehttps://www.fido.gov/facadatabase/public.asp. The Designated Federal Officer, pursuant to 41 CFR 102-3.150, will announce planned meetings of the Department of Defense Historical Advisory Committee. The Designated Federal Officer, at that time, may provide additional guidance on the submission of written statements that are in response to the stated agenda for the planned meeting in question.

Under the provisions of the Federal Advisory Committee Act of 1972 (5 U.S.C., Appendix, as amended) and the Sunshine in the Government Act of 1976 (5 U.S.C. 552b, as amended) the Department of Defense (DoD) announces the following Federal Advisory Committee meeting. Name of Committee: Missile Defense Advisory Committee (MDAC). Dates of Meeting: October 11-12, 2007. Location: 7100 Defense Pentagon, Washington, DC 20301-7100. Time: 8 a.m. to 5 p.m. Purpose of Meeting: At this meeting, the Committee will receive classified briefings by MDA senior staff, Program Managers, senior DoD leaders, representatives from industry and the Services on the appropriate role for MDA in Cruise Missile Defense (CMD). The mission of the MDAC is to provide the Department of Defense advice on all matters relating to missile defense, including system development, technology, program maturity and readiness of configurations of the Ballistic Missile Defense System to enter the acquisition process. Proposed Agenda: Topics tentatively scheduled for discussion includes, but is not limited to administrative work; responsibilities for CMD development; current MDA CMD capabilities and responsibilities; review of governing directives; and CMD capabilities development programs for the Services.

DOT publishes the names of the persons selected to serve on the various Departmental PRBs as required by 5 U.S.C. 4314(c)(4).

This interim final rule revises requirements and procedures for TRICARE Reserve Select and restructures eligibility to include all Selected Reservists, except for those individuals either enrolled or eligible to enroll in a health benefit plan under Chapter 89 of Title 5, United States Code. The rule is being published as an interim final rule with comment period in order to comply with statutory effective dates.

On August 14, 2007, the Department of Defense published an interim final rule on TRICARE; Outpatient Hospital Prospective Payment System (OPPS) in error at 72 FR 45359. The rule has not been approved for publication and cannot take effect. This document withdraws that rule.

The Defense Finance and Accounting Service (DFAS) is proposing to add a system of records notice to its inventory of record systems subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended.

Under the provisions of the Federal Advisory Committee Act of 1972 (5 U.S.C., Appendix, as amended) and the Sunshine in the Government Act of 1976 (U.S.C. 552b, as amended) the Department of Defense announces the following Federal Advisory Committee Meeting:

The U.S. Department of Agriculture (USDA) is proposing to reestablish the Advisory Committee on Universal Cotton Standards (Committee). The Committee reviews official Universal Standards for American Upland cotton prepared by USDA and would make recommendations regarding the establishment or revision of standards.

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.

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.

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.

This interim final rule implements a prospective payment system for hospital outpatient services similar to that furnished to Medicare beneficiaries, as set forth in section 1833(t) of the Social Security Act. The rule also recognizes applicable statutory requirements and changes arising from Medicare's continuing experience with this system including certain related provisions of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003. The Department is publishing this rule as an interim final rule to implement existing statutory requirements for adoption of Medicare payment methods for institutional care. Interim final rule publication will ensure the expeditious implementation of a proven hospital OPPS, providing incentives for hospitals to furnish outpatient services in an efficient and effective manner. However, public comments are invited and will be considered for possible revisions to the final rule.

Notice is hereby given that the Office of Research Integrity (ORI), the Assistant Secretary for Health, and another Federal agency have taken final action in the following case: Juan Carlos Jorge-Rivera, Ph.D., Dartmouth College: Based on the findings of an inquiry conducted by Dartmouth College, an investigation conducted by another Federal agency, and additional analysis conducted by the Office of Research Integrity (ORI) during its oversight review, the U.S. Public Health Service (PHS) found that Juan Carlos Jorge- Rivera, Ph.D., former postdoctoral fellow, Department of Physiology, Dartmouth College, engaged in misconduct in science in research funded by National Institute of Neurological Disorders and Stroke (NINDS), National Institutes of Health (NIH), grant R01 NS28668. Specifically, Dr. Jorge-Rivera knowingly and intentionally falsified amplifier gain in at least eleven (11) experiments of his postdoctoral research aimed at measuring the effects of anabolic steroids on GABAnergic current in brain cells and reported the falsified data in Figures 4 and 6 of the following paper: Jorge-Rivera, J.C., McIntyre, K.L., & Henderson, L.P. ``Anabolic steroids induce region- and subunit-specific modulations of GABA receptor mediated currents in the rat forebrain.'' Journal of Neurophysiology 83:3299- 3309, 2000. Dr. Jorge-Rivera has been debarred by the Federal agency with joint jurisdiction for a period of two (2) years, beginning on January 11, 2007, and ending on January 11, 2009. ORI has implemented the following administrative actions: (1) For a period of three (3) years, beginning on June 23, 2007, and ending on June 22, 2010, Dr. Jorge-Rivera 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 a consultant; and (2) for a period of three (3) years, beginning at the end of his debarment period (January 11, 2009), and ending on January 10, 2012, Dr. Jorge-Rivera must submit, in conjunction with each application for PHS funds, annual reports, manuscripts, or abstracts of PHS-funded research in which he is involved, a certification that the data he provides are based on actual experiments or are otherwise legitimately derived and that the data, procedures, and methodology are accurately reported in the application or report.

Under the provisions of Executive Order 13426, 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 102-3.55, the Department of Defense gives notice that it is terminating the President's Commission on Care for America's Returning Wounded Warriors on August 30, 2007. The President's Commission on Care for America's Returning Wounded Warriors, pursuant to section 6, of Executive Order 13426, is terminated 30 days after it submits its report to the President through the Secretary of Defense and the Secretary of Veterans Affairs. The President's Commission on Care for America's Returning Wounded Warriors, which submitted its report to the President on July 30, 2007, was chartered to: 1. Examine the effectiveness of returning wounded service members' transition from deployment in support of the Global War on Terror to successful return to productive military service or civilian society, and recommend needed improvements; 2. Evaluate the coordination, management, and adequacy of the delivery of health care, disability, traumatic injury, education, employment, and other benefits and services to returning wounded Global War on Terror service members by Federal agencies as well as the private sector, and recommend ways to ensure that programs provide high-quality services; 3. (a) Analyze the effectiveness of existing outreach to service members regarding such benefits and services, and service members' level of awareness of an ability to access these benefits and services, (b) identify ways to reduce barriers to and gaps in the benefits and services; and 4. Consult with foundations, veterans service organizations, non- profit groups, faith-based organizations, and others as appropriate, in performing the Commission's functions. The President's Commission on Care for America's Returning Wounded Warriors' final report, title ``Serve, Support, Simplify'', contains the six recommendations and can be viewed at the Commission's Web site: https://www.pccww.gov/. Pursuant to 41 CFR 102-3.175(a), the Department of Defense, no later than July 30, 2008, shall submit a follow-up report on the recommendations made by the President's Commission on Care for America's Returning Wounded Warriors. This report will be submitted to the congressional oversight committees, the Committee Management Secretariat for the General Services Administration, and the Library of Congress.

In accordance with the President's Identity Theft Task Force's Strategic Plan, the Department of Commerce is issuing notice of intent to establish a new routine use to be added to all Privacy Act System of Records. We invite public comment on the proposed new routine use.

Pursuant to the Federal Advisory Committee Act, Appendix 2 of title 5, United States Code, Public Law 92-463, notice is hereby given that a meeting of the Advisory Council on Dependents' Education (ACDE) is scheduled to be held on September 21, 2007, from 8 a.m. to 5 p.m. The meeting will be held at the DoDEA headquarters building, 4040 North Fairfax Drive, Arlington, Virginia 22306. The purpose of the ACDE is to recommend to the Director, DoDEA, general policies for the operation of the Department of Defense Dependents Schools (DoDDS); to provide the Director with information about effective educational programs and practices that should be considered by DoDDS; and to perform other tasks as may be required by the Secretary of Defense. The meeting emphases will be the current operational qualities of schools and the institutionalized school improvement processes, as well as other educational matters. For further information contact Mr. Jim Jarrard at 703-588-3121, or at James.Jarrard@hq.dodea.edu.

This Notice is published in accordance with Section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463). The topic of the meeting on September 11-13, 2007 are to review new start and continuing research and development projects requesting Strategic Environmental Research and Development Program funds in excess of $1M. This meeting is open to the public. Any interested person may attend, appear before, or file statements with the Scientific Advisory Board at the time and in the manner permitted by the Board.

In accordance with the Paperwork Reduction Act of 1995, this notice announces the U.S. Department of Transportation's (DOT) intention to request extension of a previously approved information collection.

DOT is providing notice of a petition from the Board of Commissioners in Perry County, IN, to change the time zone boundary for the County from the Central Time Zone to the Eastern Time Zone, and DOT's request for additional information from Perry County to aid in its determination of whether this change would serve the convenience of commerce, the statutory standard for a time zone change. Other persons supporting or opposing the change to Perry County's time zone boundary are also requested to provide comment. The final rule will be based on all of the information received during the entire rulemaking proceeding and whether the statutory standard has been met.

The Department of Transportation is directing all interested persons to show cause why it should not issue an order finding Maine Aviation Aircraft Charter, LLC., fit, willing, and able, and awarding it commuter air carrier authority to conduct scheduled passenger and cargo commuter service.

This document is a new System of Records Notice (SORN) for the Automated Targeting System (ATS) and is subject to the Privacy Act of 1974, as amended. ATS is an enforcement screening tool consisting of six separate components, all of which rely substantially on information in the Treasury Enforcement Communications System (TECS). ATS historically was covered by the SORN for TECS. The Department of Homeland Security, U.S. Customs and Border Protection (CBP) published a separate SORN for ATS in the Federal Register on November 2, 2006. This SORN did not describe any new collection of information and was intended solely to provide increased notice and transparency to the public about ATS. Based on comments received in response to the November 2, 2006 notice, CBP issues this revised SORN, which responds to those comments, makes certain amendments with regard to the retention period and access provisions of the prior notice, and provides further notice and transparency to the public about the functionality of ATS. TECS is an overarching law enforcement information collection, risk assessment, and information sharing environment. It is also a repository for law enforcement and investigative information. TECS is comprised of several modules that collect, maintain, and evaluate screening data, conduct targeting, and make information available to appropriate officers of the U.S. government. ATS is one of those modules. It is a decision support tool that compares traveler, cargo, and conveyance information against intelligence and other enforcement data by incorporating risk-based targeting scenarios and assessments. As such, ATS allows DHS officers charged with enforcing U.S. law and preventing terrorism and other crimes to effectively and efficiently manage information collected when travelers or goods seek to enter, exit, or transit through the United States. Within ATS there are six separate and distinct components that perform screening of inbound and outbound cargo, conveyances, or travelers. These modules compare information received against CBP's law enforcement databases, the Federal Bureau of Investigation Terrorist Screening Center's Terrorist Screening Database (TSDB), information on outstanding wants or warrants, information from other government agencies regarding high-risk parties, and risk-based rules developed by analysts using law enforcement data, intelligence, and past case experience. The modules also facilitate analysis of the screening results of these comparisons. In the case of cargo and conveyances, this screening results in a risk assessment score. In the case of travelers, however, it does not result in a risk assessment score.

Under the provisions of 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 102-3.365, the Department of Defense gives notice that it will renew the charter for the Defense Task Force on Sexual Assault in the Military Services on September 22, 2007. The Task Force, under the provisions of the Federal Advisory Committee Act of 1972 (5 U.S.C. Appendix, as amended), and in accordance with section 576 of Public Law 108-375, shall conduct an examination of matters relating to sexual assault by members or against members of the Armed Forces of the United States. Pursuant to section 576(e) of Public Law 108-375, the Task Force, no later than one year after the initiation of its examination, shall submit to the Secretary of Defense and the Secretaries of the Army, Navy and Air Force on the activities of the Task Force and on the activities of the Department of Defense and the Armed Forces to respond to sexual assault. Within 90 days after receipt of the Task Force's report, the Secretary of Defense shall submit the Task Force's report, together with the Secretary of Defense's evaluation of the report, to the Committees on Armed Services of the Senate and House of Representatives. The Task Force shall be comprised of no more than fourteen members, and the membership shall be comprised of an equal number of military and civilian members. The Secretary of Defense shall select the military Co-Chairperson, and the civilian members shall select a civilian Co-Chairperson. Task Force members appointed by the Secretary of Defense, who are not full-time Federal officers or employees, shall serve as Special Government Employees, and all members shall be appointed on an annual basis for the duration of the Task Force. Task Force members who are Federal officers or employees shall serve without compensation (other than compensation to which they are entitled to as a Federal officer or employee). Other Task Force members shall be appointed under the authority of 5 U.S.C. 3161, and will receive compensation for their service. All Task Force members shall receive compensation for travel and per diem for official Task Force travel. The Defense Task Force on Sexual Assault in the Military Services shall meet at the call of the committee's Designated Federal Officer, in consultation with the Co-Chairpersons. The Designated Federal Officer shall be a full-time or permanent part-time DoD employee, and shall be appointed in accordance with established DoD policies and procedures. The Designated Federal Officer or duly appointed Alternate Designated Federal Officer shall attend all committee meetings and subcommittee meetings. The Task Force shall be authorized to establish subcommittees, as necessary and consistent with its mission, and these subcommittees or working groups shall operate under the provisions of the Federal Advisory Committee Act of 1972, the Sunshine in the Government Act of 1976 (5 U.S.C. 552b, as amended), and other appropriate Federal regulations. Such subcommittees or workgroups shall not work independently of the chartered Task Force, and shall report all their recommendations and advice to the Task Force for full deliberation and discussion. Subcommittees or workgroups have no authority to make decisions on behalf of the chartered Task Force nor can they report directly to the Department of Defense or any Federal officers or employees who are not Task Force members. Pursuant to 41 CFR 102-3.105(j) and 102-3.140, the public or interested organizations may submit written statements to the Defense Task Force on Sexual Assault in the Military Services membership about the committee's mission and functions. Written statements may be submitted at any time or in response to the stated agenda of planned meeting of the Defense Task Force on Sexual Assault in the Military Services. All written statements shall be submitted to the Designated Federal Officer for the Defense Task Force on Sexual Assault in the Military Services, and this individual will ensure that the written statements are provided to the membership for their consideration. Contact information for the Designated Federal Officer can be obtained from the GSA's FACA Databasehttps://www.fido.gov/facadatabase/public.asp. The Designated Federal Officer, pursuant to 41 CFR 102-3.150, will announce planned meetings of the Defense Task Force on Sexual Assault in the Military Services. The Designated Federal Officer, at that time, may provide additional guidance on the submission of written statements that are in response to the stated agenda for the planned meeting in question.