Office of the Secretary January 2011 – Federal Register Recent Federal Regulation Documents

The Department of Labor (DOL) hereby announces the submission of the Occupational Safety and Health Administration (OSHA) sponsored information collection request (ICR) titled, ``Gear Certification,'' to the Office of Management and Budget (OMB) for review and approval for continued use in accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. chapter 35).

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, and in accordance with Section 10(a)(2) of Public Law, DoD announces that the Defense Health Board (DHB) will meet March 7 and 8, 2011, in Herndon, Virginia.

The meeting of the Reserve Forces Policy Board, scheduled for Tuesday and Wednesday, January 25th and 26th, 2011, was cancelled. The meeting was announced in the Federal Register on December 8, 2010 (Volume 75, No. 235) FR (76423). The purpose of the meeting was an open meeting of the Reserve Forces Policy Board. The meeting was canceled due to the less than required number of attendees required to hold the meeting.

The Department of Labor (DOL) hereby announces the submission of the Wage and Hour Division (WHD) sponsored information collection request (ICR) titled, ``Information Collections Pertaining to Special Employment Under the Fair Labor Standards Act,'' to the Office of Management and Budget (OMB) for review and approval for use, as revised, in accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. chapter 35).

The Department of Labor (DOL) hereby announces the submission of the Wage Hour Division (WHD) sponsored information collection request (ICR) titled, ``Report of Construction Contractor's Wage Rates,'' to the Office of Management and Budget (OMB) for review and approval for continued use in accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. chapter 35).

In accordance with the requirements of the Privacy Act of 1974, the Department of the Treasury gives notice of an amendment to update its Privacy Act regulations, and to add an exemption from certain provisions of the Privacy Act for a system of records related to the Office of Foreign Assets Control (OFAC).

In accordance with section 2330a of Title 10 United States Code as amended by the National Defense Authorization Act for Fiscal Year 2008 (NDAA 08) Section 807, the Director of the Missile Defense Agency and the Office of the Director, Defense Procurement and Acquisition Policy, Office of Strategic Sourcing (DPAP/SS) will make available to the public the FY2009 inventory of activities performed pursuant to contracts for services. The inventory will be published to the Missile Defense Agency (MDA) Web site at the following location: https://www.mda.mil/business/acquisition_center.html.

The DOT's TIFIA Joint Program Office (JPO) announces the availability of funding to support new applications for credit assistance. Under TIFIA, the DOT provides secured (direct) loans, lines of credit, and loan guarantees to public and private applicants for eligible surface transportation projects of regional or national significance. Projects must meet statutorily specified criteria to be selected for credit assistance. Because demand for the TIFIA program can exceed budgetary resources, the DOT is utilizing periodic fixed-date solicitations that will establish a competitive group of projects to be evaluated against the program objectives. This notice outlines the process that applicants must follow. This notice supersedes the notice published in the Federal Register on January 19, 2011, at 76 FR 3190.

The Secretary of the Interior (Secretary), after consultation with the General Services Administration, has renewed the Trinity River Adaptive Management Working Group (Working Group) for 2 years. The Working Group provides recommendations on all aspects of the implementation of the Trinity River Restoration Program and affords stakeholders the opportunity to give policy, management, and technical input concerning Trinity River restoration efforts.

The Department of Labor (DOL) hereby announces submission of the Mine Safety and Health Administration (MSHA) sponsored information collection request (ICR) titled, ``Slope and Shaft Sinking Plans,'' to the Office of Management and Budget (OMB) for review and approval for continued use in accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. chapter 35).

Section 342(b) of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 1995, Public Law 103-337 (10 U.S.C. 2358 note), as amended by section 1109 of NDAA for FY 2000, Public Law 106- 65, and section 1114 of NDAA for FY 2001, Public Law 106-398, authorizes the Secretary of Defense to conduct personnel demonstration projects at DoD laboratories designated as Science and Technology Reinvention Laboratories (STRLs) to determine whether a specified change in personnel management policies or procedures would result in improved Federal personnel management. Section 1105 of the NDAA for FY 2010, Public Law 111-84, 123 Stat. 2486, October 28, 2009, designates additional DoD laboratories as STRLs for the purpose of designing and implementing personnel management demonstration projects for conversion of employees from the personnel system which applied on October 28, 2009. The ARDEC is listed in subsection 1105(a) of NDAA for FY 2010 as one of the newly designated STRLs.

The Per Diem, Travel and Transportation Allowance Committee is publishing Civilian Personnel Per Diem Bulletin Number 273. 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 273 is being published in the Federal Register to assure that travelers are paid per diem at the most current rates.

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 11 a.m. on Tuesday, March 1, 2011. 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.

The DOT's TIFIA Joint Program Office (JPO) announces the availability of funding to support new applications for credit assistance. Under TIFIA, the DOT provides secured (direct) loans, lines of credit, and loan guarantees to public and private applicants for eligible surface transportation projects of regional or national significance. Projects must meet statutorily specified criteria to be selected for credit assistance. Because demand for the TIFIA program can exceed budgetary resources, the DOT is utilizing periodic fixed-date solicitations that will establish a competitive group of projects to be evaluated against the program objectives. This notice outlines the process that applicants must follow.

The Department is publishing the following notice on the enforcement of its rules relating to disclosure of code-share service on Internet Web sites and elsewhere by air carriers, their agents, and third party sellers of air transportation in view of recent amendments to 49 U.S.C. 41712.

The Department is publishing this proposed rule to implement section 703 of the National Defense Authorization Act for Fiscal Year 2010 (NDAA for FY10). Specifically, that legislation amends the transitional health care dental benefits for Reserve Component members on active duty for more than 30 days in support of a contingency operation. The legislation entitles these Reserve Component members to dental care in the same manner as a member of the uniformed services on active duty for more than 30 days, thus providing care to the Reserve member in both military dental treatment facilities and authorized private sector dental care. This proposed rule does not eliminate any medical or dental care that is currently covered as transitional health care for the member. However the member's dependents are not entitled to this enhanced benefit. At present, the transitional health care dental benefits for Reserve Component members includes space available care in military dental treatment facilities and eligibility for the TRICARE Dental Program (TDP). The implementation of section 703 of NDAA for FY10 will enhance the dental benefit to include space required care in military dental treatment facilities; military dental treatment facility referred care to the private sector; and authorized remote dental care in the private sector during the 180 day transitional health care period. Both dental treatment facility referred care and remote care will be administered by TRICARE's Active Duty Dental Program (ADDP). TDP eligibility will begin after the transitional health care period ends. Reserve Component family members are also eligible for the TRICARE Dental Program (TDP). These family members pay 100% of the premiums while their sponsor is in Reserve status. If their sponsor is activated for more than 30 days, the TDP enrolled Reserve Component family members obtain the same benefits as any other TDP enrolled active duty family members with the Government subsidizing 60 percent of the premium cost for enrolled active duty family members. This change in status and subsidy occurs automatically. Upon the sponsor's deactivation, the family members automatically revert to Reserve Component family member TDP status and pay 100% of the TDP premium cost. With the proposed rule, there is no change to status or eligibility for family members.

This final rule adds coverage of National Cancer Institute (NCI) sponsored Phase I studies for certain beneficiaries. The NCI sponsored clinical treatment trials are conducted in a series of steps called phases. Phase I trials are the first studies conducted in people. They evaluate how a new drug should be given (by mouth, injected into the blood, or injected into the muscle), how often, and what dose is safe.

Under the provisions of section 596 of Public Law 110-417, section 594 of Public Law 111-84 and the Federal Advisory Committee Act of 1972, (5 U.S.C. Appendix), the Government in the Sunshine Act of 1976 (5 U.S.C. 552b), and 41 CFR 102-3.50, the Department of Defense gives notice that it is renewing the charter for the Military Leadership Diversity Commission (hereafter referred to as the ``Commission''). The Commission is a non-discretionary federal advisory committee that shall provide the President and Congress a comprehensive evaluation and assessment of minority promotion and advancement policies. The commission, pursuant to section 596(d) of Public Law 110-417, shall: a. Carry out a comprehensive study to evaluate and assess policies that provide opportunities for the promotion and advancement of minority members of the U.S. Armed Forces, including minority members who are senior officers; and b. In carrying out the study, the Commission shall examine the following: (1) The efforts to develop and maintain diverse leadership at all levels of the Armed Forces. (2) The successes and failures of developing and maintaining a diverse leadership, particularly at the general and flag officer positions. (3) The effect of expanding Department of Defense secondary educational programs to diverse civilian populations, to include military service academy preparatory schools. (4) The ability of current recruitment and retention practices to attract and maintain a diverse pool of qualified individuals in sufficient numbers in officer pre-commissioning programs. (5) The ability of current activities to increase continuation rates for ethnic- and gender-specific members of the Armed Forces. (6) The benefits of conducting an annual conference attended by civilian military, active-duty and retired military and corporate leaders on diversity, to include a review of current policy and the annual demographic data from the Defense Equal Opportunity Management Institute. (7) The status of prior recommendations made to the Department of Defense and to Congress concerning diversity initiatives within the Armed Forces. (8) The incorporation of private sector practices that have been successful in cultivating diverse leadership. (9) The establishment and maintenance of fair promotion and command opportunities for ethnic- and gender-specific members of the Armed Forces at the 0-5 grade level and above. (10) An assessment of pre-command billet assignments of ethnic- specific members of the Armed Forces. (11) An assessment of command selection of ethnic-specific members of the Armed Forces. (12) The development of a uniform definition, to be used throughout the Department of Defense, of diversity that is congruent with the core values and vision of the Department of Defense for the future workforce. (13) The existing metrics and milestones for evaluating the diversity plans of the Department of Defense (including the plans of the Military Departments) and for facilitating future evaluation and oversight. (14) The existence and maintenance of fair promotion, assignment, and command opportunities for ethnic- and gender-specific members of the Armed Forces at the levels of warrant officer, chief warrant officer, company and junior grade, field and mid-grade, and general and flag officer. (15) The current institutional structure of the Office of Diversity Management and Equal Opportunity of the Department of Defense, and of similar officers of the Military Departments, and their ability to ensure effective and accountable diversity management across the Department of Defense. (16) The options available for improving the substance or implementation of current plans and policies of the Department of Defense and the Military Departments. No later than 12 months after the date on which the Commission first meets, the Commission shall submit to the President and Congress a report on its study. The Commission's final report shall include, as a minimum, the following: a. The findings and conclusions of the Commission; b. The recommendations of the Commission for improving diversity within the U.S. Armed Forces; and c. Such other information and recommendations as the Commission considers appropriate. In addition, the Commission may submit interim reports to the President and Congress as the Commission considers appropriate. In carrying out its study the Commission, pursuant to section 596(d)(3) of Public Law 110-417, may consult with appropriate private, for-profit, and non-profit organizations and advocacy groups to learn methods for developing, implementing, and sustaining senior diverse leadership within the Department of Defense. The Commission, pursuant to section 596(b) of Public Law 110-417 and amended by section 594 of Public Law 111-84, shall be comprised of no more than thirty members to include the following: a. The Director of the Defense Manpower Data Center; b. The Commandant of the Defense Equal Opportunity Management Institute; c. An active commissioned officer from each of the Army, Navy, Air Force, and Marine Corps; d. An active commissioned officer from the National Guard, and an active commissioned officer from the Reserves, each of whom serves or has served in a leadership position with either a Military Department command or combatant command; e. A commissioned officer or noncommissioned officer of the Coast Guard on active duty; f. A retired general or flag officer from each of the Army, Navy, Air Force and Marine Corps, a retired general or flag officer from the National Guard, and a retired general or flag officer from the Reserves; g. A retired flag officer of the Coast Guard; h. A retired noncommissioned officer from each of the Army, Navy, Air Force and Marine Corps, a retired noncommissioned officer from the National Guard, and a retired noncommissioned officer from the Reserves; i. Five retired commissioned officers who served in leadership positions with either a Military Department command or combatant command, of whom no less than three shall represent the views of minority veterans; j. Four individuals with expertise in cultivating diverse leaders in private or non-profit organizations; and k. An attorney with appropriate experience and expertise in constitutional and legal matters related to the duties and responsibilities of the commission. The appointment of the Director of the Defense Manpower Data Center and the Commandant of the Defense Equal Opportunity Management Institute shall be based upon their ex-officio position within the Department of Defense. The Secretary of Defense shall appoint the remaining Commission members, who are not required to be appointed by ex-officio position. Commission members appointed by the Secretary of Defense, who are not full-time or permanent part-time employees of the Federal Government, shall be appointed to serve as experts and consultants under the authority of 5 U.S.C. 3109, and these individuals shall serve as special government employees, whose appointments shall be renewed on an annual basis. Pursuant to section 596(g)(1) of Public Law 110-417, the Secretary of Homeland Security, in consultation with the Commandant of the Coast Guard, shall appoint the two individuals who represent interests of the U.S. Coast Guard, see 13(e) and (g) above. All Commission members shall be appointed for the life of the Commission; however, each non-ex-officio appointment must be renewed by the Secretary of Defense, or the Secretary of Homeland Security (as applicable) on an annual basis. Any Commission vacancy shall be filled in the same manner as the original appointment and shall be renewed on an annual basis. Commission members, who are not full-time or permanent part-time federal employees, shall serve without compensation. All Commission members shall be provided travel and per diem for official committee travel. The Secretary of Defense, pursuant to section 596(b)(3) of Public Law 110-417, shall designate one member as the chairman of the Commission. With DoD approval, the Commission is authorized to establish subcommittees, as necessary and consistent with its mission. These subcommittees shall operate under the provisions of the Federal Advisory Committee Act of 1972, the Government in the Sunshine Act of 1976 (5 U.S.C. 552b), and other Governing Federal statutes and regulations. Such subcommittees shall not work independently of the chartered Commission, and shall report all their recommendations and advice to the Commission for full deliberation and discussion. Subcommittees have no authority to make decisions on behalf of the chartered Commission; nor can they report directly to the Department of Defense or any Federal officers or employees who are not Commission members. Subcommittee members, who are not Commission members, shall be appointed in the same manner as the Commission members. Such individuals, if not full-time or part-time government employees, shall be appointed to serve as experts and consultants under the authority of 5 U.S.C. 3019, and serve as special government employees, whose appointments must be renewed on an annual basis.

The Department of Defense Education Activity (DoDEA) seeks requests for consideration (RFC) from eligible local educational agencies (LEA).

The National Defense University (NDU), Designated Federal Officer, has scheduled a meeting of the Board of Visitors. 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.

This final rule establishes a permanent certification program for the purpose of certifying health information technology (HIT). This final rule is issued pursuant to the authority granted to the National Coordinator for Health Information Technology (the National Coordinator) by section 3001(c)(5) of the Public Health Service Act (PHSA), as added by the Health Information Technology for Economic and Clinical Health (HITECH) Act. The permanent certification program will eventually replace the temporary certification program that was previously established by a final rule. The National Coordinator will use the permanent certification program to authorize organizations to certify electronic health record (EHR) technology, such as Complete EHRs and/or EHR Modules. The permanent certification program could also be expanded to include the certification of other types of HIT.

On Tuesday, December 28, 2010 (75 FR 81589) the Department of Defense announced meeting date changes to the closed meetings of the Missile Defense Advisory Committee. Due to administrative matters, these meetings have been rescheduled from January 6-7, 2011 to January 19-20, 2011. There are no other changes to the notice announced on Tuesday, December 14, 2010 (75 FR 77848).

The Per Diem, Travel and Transportation Allowance Committee is publishing Civilian Personnel Per Diem Bulletin Number 273. 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 273 is being published in the Federal Register to assure that travelers are paid per diem at the most current rates.