Office of the Secretary 2005 – Federal Register Recent Federal Regulation Documents

By Order 2005-7-14, served on July 15, 2005, the Department tentatively concluded that GoJet Airlines, LLC is fit, willing, and able to provide interstate scheduled air transportation of persons, property and mail, and should be issued a certificate of public convenience and necessity authorizing such operations, subject to conditions. At that time, we directed interested parties to file objections no later than 14 days after the service date of the order (i.e., July 29, 2005). Subsequently, the Department published a notice in the Federal Register on July 21, 2005, inadvertently directing all interested parties wishing to file objections to do so by August 29, 2005. In order to correct this administrative error, while, at the same time, providing interested parties with a suitable period of time to file comments, we find it appropriate to direct persons wishing to file objections to our tentative decision to do so by August 15, 2005.

Notice is hereby given that the Office of Research Integrity (ORI), the Acting Assistant Secretary for Health, and the Director, Office of Acquisition Management and Policy, have taken final agency action in the following case: Randall Luce, University at Buffalo, State University of New York: Based on the report of an investigation conducted by the University of Buffalo (UB), State University of New York (SUNY) (UB Report), and a conviction of the criminal offense of grand larceny, as defined in section 110-155.30 of the New York Penal Law, in the Buffalo City Court of Erie County, State of New York (Case 2004ER009612M), the Department of Health and Human Services (HHS) debarred Mr. Randall Luce, former research technician in the UB Research Institute for Addictions (RIA), for a period of three (3) years, beginning on July 26, 2005, and ending on July 25, 2008. Mr. Luce pled guilty to grand larceny and admitted to the misappropriation of funds and the fabrication of research subject interviews in the conduct of an RIA study supported by the United States Public Health Service (PHS), National Institutes of Health (NIH), National Institute on Alcoholism and Alcohol Abuse (NIAAA), grant RO1 AA12452, ``A harm reduction approach for reducing DWI recidivism.'' This action is taken pursuant to the HHS nonprocurement debarment and suspension regulation at 45 CFR part 76.

The Department of Defense (DoD) proposes to consolidate parts 174 and 175, and amend part 176 of title 32, Code of Federal Regulations. These parts provide rules for the disposal of property at installations being closed and realigned and how to address the impacts of realignment at receiving installations. The resulting part 174 also contains amendments to address changes in the laws governing base closure and realignment (BRAC) made since the current parts 174 and 175 were promulgated. In addition to the amendments to address changes in law, additional amendments are proposed to reflect current DoD policy and to address various environmental requirements not currently addressed in parts 174 and 175. The amendment to part 176 is ministerial to reflect the renumbering of parts 174 and 175.

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 July 21, 1996.

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 23, 2005, from 8 a.m. to 5 p.m. The meeting will be held at the DoDEA headquarters building at 4040 North Fairfax Drive, Arlington, Virginia 22203. 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.

Pursuant to the Federal Advisory Committee Act (FACA), Public Law 96-463, notice is hereby given that the Independent Review Panel to Study the Relationships between Military Department General Counsels and Judge Advocates General will hold an open meeting at the Hilton Crystal City, 2399 Jefferson Davis Highway, Arlington, Virginia 22202, on August 12, 2005, from 8:30 a.m. to 11:30 a.m. and 1 p.m. to 4 p.m. Purpose: The Panel will meet on August 12, 2005, from 8:30 a.m. to 11:30 a.m. and 1 p.m. to 4 p.m., to conduct deliberations concerning the relationships between the legal elements of their respective Military Departments. These sessions will be open to the public, subject to the availability of space. The Panel has held seven public hearings and has provided the public oppportunities to address the Panel both person and in writing. The Panel has also deliberated in several sessions open to the public, including deliberations on an initial draft of a final report prepared by the Panel's staff. The Panel must complete its report during August so that Congress may consider it during this legislative session as envisioned in section 574 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005. Due to this exceptional circumstance, the Panel decided to hold its final deliberation session, open to the public, on August 12. This decision, based on that exceptional circumstance, was made on July 28, thus making it impossible for the Department to provide the 15 calendar days notice normally required for Panel meetings.

The Office of the Secretary of Defense is altering a system of records to its existing inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended.

The U.S. Department of Labor (USDOL), Bureau of International Labor Affairs (ILAB), intends to award U.S. $750,000 through a sole source cooperative agreement to Jesus Cares Ministries (JCM), a local, Zambian, faith-based organization. This funding will be used to support a three-year second phase of the JCM project ``Combating Child Labor Through Education''. Funding for this award is based on the FY 2005 appropriation to USDOL for improving ``access to basic education in international areas with a high rate of abusive and exploitative child labor'' through the Child Labor Education Initiative grant program. Since 1995, USDOL has awarded grants to international and non-governmental organizations working to eliminate the worst forms of child labor through the provision of basic education. ILAB is authorized to award and administer this program by the Consolidated Appropriations Act, 2005, Pub. L. 108-447, 118 Stat. 2809 (2004). The cooperative agreement awarded under this initiative will be managed by ILAB's International Child Labor Program (ICLP) to assure achievement of the stated goals. ILAB finds JCM is uniquely qualified by virtue of its institutional and individual knowledge of conditions in Zambia, its familiarity with local officials and support groups, and its readily available personnel and facilities, to provide the kinds of services needed to best reach the intended target group in Zambiachildren working in the worst forms of child labor and those at-risk of entering such work, including children working in stone crushing, in exploitive agricultural work, and those who live and work on streets in urban areas. The range of services provided by JCM includes counseling, provision of transitional and vocational education, and placement of children in formal schools. JCM also has been instrumental in protecting children affected by HIV/ AIDS from entering harmful labor conditions in Zambia, where the HIV/ AIDS pandemic has left hundreds of thousands of children vulnerable to such exploitation. USDOL's experience working with JCM dates back to 2002, when JCM submitted a proposal to USDOL in response to a solicitation for grant applications under USDOL's Child Labor Education Initiative (EI). As a result of that competitive procurement process, USDOL entered into a cooperative agreement with JCM to implement an EI project in Zambia. JCM has been innovative in using a community school approach to reach the over 2,000 children that it targeted in Phase 1 of the project. JCM was also successful in meeting all of the other goals it set for the first phase of the project. Moreover, this approach has encouraged local ownership and buy-in of the project. JCM has also secured additional funding from the Zambian government and from international organizations to complement its activities under their USDOL grant. JCM is staffed entirely by host country nationals and operates in several urban parts of the country, as well as in Zambia's Eastern Province. Given the extensive stakeholder relationships that JCM has nurtured in Zambia, their innovative community school approach, and efficient management structure, USDOL finds JCM to be uniquely qualified for this sole source award. The awarding of further USDOL support for JCM will allow it to reach many more vulnerable children and further expand its role as a leading local organization working to eliminate the worst forms of child labor in Zambia. For additional information on this award, please contact Kevin Willcutts at (202) 693-4843.

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 July 21, 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 July 21, 1996.

Name of Committee: The Defense Advisory Committee on Military Compensation (DACMC). Committee Membership: Chairman: ADM (Ret) Donald L. Pilling. Members: Dr. John P. White; Gen (Ret) Lester L. Lyles; Mr. Frederic W. Cook; Dr. Walter Oi; Dr. Martin Anderson; and Mr. Joseph E. Jannotta. General Function of the Committee: The Committee will provide the Secretary of Defense, through the Under Secretary of Defense (Personnel and Readiness), with assistance and advice on matters pertaining to military compensation. The Committee will examine what types of military compensation and benefits are the most effective for meeting the needs of the Nation. Agenda: On August 31, 2005, from 10 a.m. to 12 p.m. and 1 p.m. to 3 p.m. During the morning session, the Committee will deliberate on compensation issues identified by its Subcommittees on the areas of retirement compensation, health benefits, special and incentive pays, reserve compensation, and quality of life matters as it continues to prepare its interim report. In the afternoon, the Committee will conduct a discussion with invited groups. Procedure: Public participation in Committee discussions at this meeting will not be permitted. Written submissions of data, information, and views may be sent to the Committee contact person at the address shown. Submissions should be received by close of business August 24, 2005. Persons attending are advised that the Committee is not responsible for providing access to electrical outlets.

The Department of Transportation has granted an application by the International Air Transport Association (IATA) to permit IATA to implement certain resolutions and recommended practices of its worldwide Passenger Services Conference (PSC), without filing the resolutions and recommended practices for prior Approval by the Department and without obtaining immunity from the U.S. antitrust Laws.

This notice provides for the establishment of a Puerto Rico region specific per diem rates for low volume providers; the establishment of region specific per diem rates for both full-day and half-day TRICARE Partial Hospitalization Programs under the TRICARE Mental Health Per Diem Payment System for fiscal year 2005.

The U.S. Department of Labor, Bureau of International Labor Affairs, will award up to U.S. $4 million through one or more cooperative agreements to an organization or organizations to improve access to and quality of education programs as a means to combat exploitive child labor in Pakistan. Projects funded under this solicitation will provide educational and training opportunities to children as a means of removing and/or preventing them from engaging in exploitive work or the worst forms of child labor, as defined by ILO Convention 182. The activities funded will complement and expand upon existing projects and programs to improve basic education in Pakistan. Applications must respond to the entire Statement of Work outlined in this solicitation. In Pakistan, activities under these cooperative agreements will provide the direct delivery of quality basic education to working children and those at risk of entering work, and will result in their enrollment, persistence, and completion of an education or training program.

The Department of Transportation is directing all interested persons to show cause why it should not issue an order finding that Executive Jet Management, Inc. is fit, willing, and able under 49 U.S.C. 41738 to provide scheduled passenger service as a commuter air carrier and issue to it a Commuter Air Carrier Authorization

The Department of Homeland Security (DHS) expects to sponsor a Federally Funded Research and Development Center (FFRDC) to address the need for scientific research to better anticipate, prevent, and mitigate the consequences of biological attacks. The proposed FFRDC will be the National Biodefense Analysis and Countermeasures Center (NBACC) which is a critical component in the overarching Homeland Security national biodefense complex. The NBACC will both coordinate biodefense research activities among various Federal agencies and to execute its own research plan. Also required will be technical and program management capabilities to facilitate operation of the NBACC facility. This is the third of three notices which must be published over a 90 day period in order to advise the public of the agency's intention to sponsor an FFRDC.

In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection Request (ICR) abstracted below has been forwarded to the Office of Management and Budget (OMB) for renewal and comment. The ICR describes the nature of the information collection and its expected cost and burden. The Federal Register Notice with a 60-day comment period soliciting comments on the following collection of information was published on May 10, 2005 [FR Vol. 70, No. 89, pages 24670 and 24671]. No comments were received.

The Office of the Secretary published a document in the Federal Register on April 29, 2005, concerning a request for an extension of a previously approved information collection. We are correcting the document as set forth below.

The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden, conducts a pre-clearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed the proposed continued collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA) [44 U.S.C. 3506C(2)(A)]. This program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. A copy of the proposed information collection request (ICR) can be obtained by contacting the office listed below in the ADDRESSES section of this notice.