Security Zones; Cruise Ships, Port of San Diego, CA; Correction, 5732-5733 [2011-2222]
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5732
Federal Register / Vol. 76, No. 22 / Wednesday, February 2, 2011 / Proposed Rules
Clearances’’ dated December 12, 2005 7
and July 17, 2006.8
(2) Personnel who have been
determined eligible for access to
classified information or a sensitive
position shall not be subject to
additional security reviews or
determinations unless potentially
disqualifying conditions are present that
have not been previously adjudicated.
This does not preclude requirements for
suitability determinations.
(3) Reciprocity for SCI eligibility shall
be executed in accordance with the ICD
704.
(i) National Security Agency (NSA)/
Central Security Service (CSS).
Employees, contractors, military
assignees, and others with similar
affiliations with the NSA/CSS must
maintain SCI eligibility for access to
sensitive cryptologic information in
accordance with chapter 23 of 50 U.S.C.
(j) Support of the Operation
Warfighter Program. PSIs in support of
wounded warriors may be submitted
and processed regardless of the time
remaining in military service.
Investigations will be accelerated
through a special program code
established by the Office of the USD(I)
to ensure expedited service by the
investigating and adjudicating agencies.
(1) Category 2 wounded, ill, or injured
Uniformed Service personnel who
expect to be separated with a medical
disability rating of 30% or greater may
submit PSIs for Top Secret clearance
eligibility prior to medical separation
provided they are serving in or have
been nominated for a wounded warrior
internship program.
(2) The investigations will be funded
by the DoD sponsoring agency that is
offering the internship. If the sponsoring
agency does not have funds available,
the owning Military Service may choose
to fund the investigation.
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§ 156.7 Procedures—common access card
investigation and adjudication.
(a) A favorably adjudicated National
Agency Check with Inquiries (NACI) is
the minimum investigation required for
the CAC.
(b) All final adjudicative
determinations must be made by cleared
and trained Government personnel.
Automated adjudicative processes shall
be used to the maximum extent
practicable.
(c) Adjudication decisions of CAC
investigations shall be incorporated into
7 Copies available on the Internet at https://
www.whitehouse.gov/sites/default/files/omb/assets/
omb/memoranda/fy2006/reciprocal121205.pdf.
8 Copies available on the Internet at https://
www.whitehouse.gov/sites/default/files/omb/assets/
omb/memoranda/fy2006/m06-21.pdf.
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Central Adjudication Facility
consolidation as directed by the Deputy
Secretary of Defense.
(d) CAC applicants or holders may
appeal CAC denial or revocation. No
separate administrative appeal process
is allowed when an individual has been
denied a CAC as a result of a negative
suitability determination under 5 CFR
part 731, an applicable decision to deny
or revoke a security clearance, or based
on the results of a determination to
disqualify the person from an
appointment in the excepted service or
from working on a contract for reasons
other than eligibility for a Federal
credential as described in the OPM
Memorandum, ‘‘Final Credentialing
Standards for Issuing Personal Identity
Verification Cards under HSPD–12.’’ If a
later denial or revocation of a CAC
results from an applicable denial or
revocation of a security clearance,
suitability decision or other action for
which administrative process was
already provided on grounds that
support denial or revocation of a CAC,
no separate appeal for CAC denial or
revocation is allowed.
(1) Civilian applicants who have been
denied a CAC, and for whom an appeal
is allowed under this paragraph, may
elect to appeal to a three member board
containing one security and one human
resources representative from the
sponsoring activity.
(2) Contractor employees who have
had their CAC revoked, and for whom
an appeal is allowed under this
paragraph, may appeal to the Defense
Office of Hearings and Appeals under
the established administrative process
set out in 32 CFR part 155. Decisions
following appeal are final.
(e) Reciprocity of CAC
Determinations. (1) The sponsoring
activity shall not readjudicate CAC
determinations for individuals
transferring from another Federal
department or agency, provided:
(i) Possession of a valid PIV or CAC
can be verified by the individual’s
former department or agency.
(ii) The individual has undergone the
required NACI or other equivalent
suitability, public trust, or national
security investigation and received
favorable adjudication from the former
agency.
(2) Reciprocity may be granted as long
as there is no break in service greater
than 24 months and the individual has
no actionable information since the date
of the last completed investigation.
(3) Reciprocity shall be based on final
adjudication only.
(4) Determinations for CACs issued on
an interim basis are not eligible to be
transferred.
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Dated: January 14, 2011.
Patricia L. Toppings,
OSD Federal Register Liaison Officer,
Department of Defense.
[FR Doc. 2011–2214 Filed 2–1–11; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2011–0038]
RIN 1625–AA87
Security Zones; Cruise Ships, Port of
San Diego, CA; Correction
Coast Guard, DHS.
Notice of proposed rulemaking;
correction.
AGENCY:
ACTION:
This document corrects the
preamble to a proposed rule published
in the Federal Register of January 27,
2011 (76 FR 4833), regarding security
zones for cruise ships in the Port of San
Diego, California. This correction
clarifies when a preliminary
environmental analysis checklist will be
available in the docket.
DATES: This correction is effective
February 2, 2011.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this document,
call or e-mail Commander Michael B.
Dolan, Prevention, Coast Guard Sector
San Diego, Coast Guard; telephone 619–
278–7261, e-mail Michael.B.Dolan@
uscg.mil. If you have questions on
viewing or submitting material to the
docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone
202–366–9826.
SUMMARY:
Correction
In the notice of proposed rulemaking
FR Doc. 2011–1804, beginning on page
4833 in the issue of January 27, 2011,
make the following correction in the
SUPPLEMENTARY INFORMATION section. On
page 4835 in the 2nd column, remove
the following sentence starting on line
9:
‘‘A preliminary environmental
analysis checklist supporting this
determination is available in the docket
where indicated under ADDRESSES.’’
And replace it with the following
sentence:
‘‘We intend to prepare a preliminary
environmental analysis checklist and
make it available in the docket where
indicated under ADDRESSES.’’
E:\FR\FM\02FEP1.SGM
02FEP1
Federal Register / Vol. 76, No. 22 / Wednesday, February 2, 2011 / Proposed Rules
Dated: January 27, 2011.
Kathryn A. Sinniger,
Chief, Office of Regulations and
Administrative Law.
[FR Doc. 2011–2222 Filed 2–1–11; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 3
RIN 2900–AN64
Clothing Allowance
Department of Veterans Affairs.
Proposed rule.
AGENCY:
ACTION:
The Department of Veterans
Affairs (VA) proposes to amend its
adjudication regulations regarding
clothing allowances. The amendment
would provide for annual clothing
allowances for each qualifying
prosthetic or orthopedic appliance worn
or used by a veteran for a serviceconnected disability or disabilities that
wears out or tears a distinct article of
the veteran’s clothing and for each
physician-prescribed medication used
by a veteran for a skin condition that is
due to a service-connected disability
that affects a distinct outergarment. The
amendment would also provide two
annual clothing allowances if a veteran
wears or uses more than one qualifying
prosthetic or orthopedic appliance,
physician-prescribed medication for
more than one skin condition, or an
appliance and a medication for a
service-connected disability or
disabilities and the appliances(s) or
medication(s) together cause a single
article of clothing to wear out faster than
if affected by a single appliance or
medication.
SUMMARY:
VA must receive comments on or
before April 4, 2011.
ADDRESSES: Written comments may be
submitted through https://
www.Regulations.gov; by mail or handdelivery to Director, Regulations
Management (02REG), Department of
Veterans Affairs, 810 Vermont Ave.,
NW., Room 1068, Washington, DC
20420; or by fax to (202) 273–9026.
(This is not a toll free number).
Comments should indicate that they are
submitted in response to ‘‘RIN 2900–
AN64—Clothing Allowance.’’ Copies of
comments received will be available for
public inspection in the Office of
Regulation Policy and Management,
Room 1063B, between the hours of 8
a.m. and 4:30 p.m., Monday through
Friday (except holidays). Please call
(202) 461–4902 for an appointment.
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DATES:
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(This is not a toll free number). In
addition, during the comment period,
comments may be viewed online
through the Federal Docket Management
System (FDMS) at https://
www.Regulations.gov.
FOR FURTHER INFORMATION CONTACT: Tom
Kniffen, Chief, Regulations Staff (211D),
Compensation and Pension Service,
Veterans Benefits Administration,
Department of Veterans Affairs, 810
Vermont Avenue, NW., Washington, DC
20420, (202) 461–9725. This is not a
toll-free number.
SUPPLEMENTARY INFORMATION: Section
1162 of title 38, United States Code,
authorizes VA to pay an annual clothing
allowance to each veteran who, because
of a service-connected disability, wears
or uses a prosthetic or orthopedic
appliance (including a wheelchair)
which VA determines tends to wear out
or tear the veteran’s clothing or uses
prescription medication for a skin
condition that is due to a serviceconnected disability which VA
determines causes irreparable damage to
the veteran’s outergarments. VA had
interpreted ‘‘a clothing allowance * * *
because of a service-connected
disability’’ in section 1162(1) and (2)
and the word ‘‘or’’ between paragraphs
(1) and (2) to mean that a veteran is
entitled to only one annual clothing
allowance, regardless of whether the
veteran uses multiple qualifying
appliances for more than one serviceconnected disability or uses a qualifying
appliance for a service-connected
disability and prescription medication
for a skin condition resulting from a
service-connected disability. In Sursely
v. Peake, 551 F.3d 1351, 1356 (Fed. Cir.
2009), VA, based upon this statutory
interpretation, rejected a claim for a
second clothing allowance for
‘‘independently qualifying orthopedic
appliances affecting different articles of
clothing.’’ The United States Court of
Appeals for the Federal Circuit (Federal
Circuit) disagreed with VA’s
interpretation and stated that, ‘‘by
linking receipt of the benefit to a single
qualifying appliance,’’ Congress
‘‘require[s]’’ VA ‘‘to pay multiple
clothing allowances to a veteran who
* * * uses multiple qualifying
appliances.’’ Id. and 1356 n.4. The
Federal Circuit also rejected the United
States Court of Appeals for Veterans
Claims’ conclusion that it would be
‘‘irrational’’ to permit multiple clothing
allowances for use of multiple
prosthetic appliances affecting a single
article of clothing because under such
circumstances the garment may wear
out faster than if affected by a single
appliance. Id. at 1357–58 and 1358 n.6
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5733
(quoting 22 Vet. App. 21, 25–26 (2007)).
However, the Federal Circuit noted that
VA could promulgate regulations
prohibiting multiple clothing
allowances if ‘‘damage to a single
garment resulting from multiple
prosthetic appliances is ‘overlapping.’ ’’
Id. at 1358 (quoting Esteban v. Brown,
6 Vet. App. 259, 262 (1994)).
VA proposes to amend 38 CFR
3.810(a) to implement Sursely. VA
would amend current § 3.810(a)(1) so
that it provides the criteria for
entitlement to one annual clothing
allowance currently set forth in
§ 3.810(a)(1) and (2). We would also
make a technical change in
§ 3.810(a)(1)(i) by changing the reference
to § 3.326(c) to § 3.326(b) to reflect a
longstanding regulatory amendment. VA
also would revise § 3.810(a)(2) to
provide the criteria for more than one
annual clothing allowance where
distinct garments are affected. New
§ 3.810(a)(2) would state that a veteran
is entitled to a clothing allowance for
each prosthetic or orthopedic appliance
or medication used by the veteran that
satisfies the requirements of paragraph
(1) of this subsection if each appliance
or medication affects a distinct article of
clothing or outergarment. This
regulation is consistent with the Sursely
holding that the veteran was entitled to
a second clothing allowance ‘‘for his
independently qualifying orthopedic
appliances affecting different articles of
clothing.’’ 551 F.3d at 1356.
VA also recognizes, as the Federal
Circuit did, that use of multiple
qualifying appliances or medications
may cause a single article of clothing to
wear out faster, requiring replacement of
the garment more frequently during the
course of the year than if the garment
were affected by only one appliance or
medication. Id. at 1358 n.6. VA
therefore also proposes to provide in
§ 3.810(a)(3) that a veteran is entitled to
two annual clothing allowances if: (1) A
veteran uses more than one qualifying
prosthetic or orthopedic appliance,
medication for more than one skin
condition, or an appliance and a
medication; and (2) the appliances(s) or
medication(s) each satisfy the
requirements of § 3.810(a)(1) and
together tend to tear or wear a single
article of clothing or irreparably damage
an outergarment at a faster rate,
requiring replacement sooner than if the
article of clothing or outergarment was
affected by a single qualifying appliance
or medication. In such circumstances,
VA would provide two annual clothing
allowances, rather than an allowance for
each appliance or medication, because
we believe that the wear and tear or
irreparable damage caused by three or
E:\FR\FM\02FEP1.SGM
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Agencies
[Federal Register Volume 76, Number 22 (Wednesday, February 2, 2011)]
[Proposed Rules]
[Pages 5732-5733]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-2222]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2011-0038]
RIN 1625-AA87
Security Zones; Cruise Ships, Port of San Diego, CA; Correction
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking; correction.
-----------------------------------------------------------------------
SUMMARY: This document corrects the preamble to a proposed rule
published in the Federal Register of January 27, 2011 (76 FR 4833),
regarding security zones for cruise ships in the Port of San Diego,
California. This correction clarifies when a preliminary environmental
analysis checklist will be available in the docket.
DATES: This correction is effective February 2, 2011.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
document, call or e-mail Commander Michael B. Dolan, Prevention, Coast
Guard Sector San Diego, Coast Guard; telephone 619-278-7261, e-mail
Michael.B.Dolan@uscg.mil. If you have questions on viewing or
submitting material to the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone 202-366-9826.
Correction
In the notice of proposed rulemaking FR Doc. 2011-1804, beginning
on page 4833 in the issue of January 27, 2011, make the following
correction in the SUPPLEMENTARY INFORMATION section. On page 4835 in
the 2nd column, remove the following sentence starting on line 9:
``A preliminary environmental analysis checklist supporting this
determination is available in the docket where indicated under
ADDRESSES.''
And replace it with the following sentence:
``We intend to prepare a preliminary environmental analysis
checklist and make it available in the docket where indicated under
ADDRESSES.''
[[Page 5733]]
Dated: January 27, 2011.
Kathryn A. Sinniger,
Chief, Office of Regulations and Administrative Law.
[FR Doc. 2011-2222 Filed 2-1-11; 8:45 am]
BILLING CODE 9110-04-P