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

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 July 7-8, 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 July 7-8, 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. In keeping with the spirit of FACA, the Panel welcomes written comments concerning its work from the public at any time. Interested citizens are encouraged to attend the sessions.

Pursuant to the Federal Advisory Committee Act (FACA), Public Law 96-463, notice is hereby given that the Defense Acquisition Performance Assessment (DAPA) Project will hold an open meeting at the Anteon Conference Center, 1560 Wilson Blvd., Suite 400, Arlington, VA 22209, on July 15, 2005 from 9 to 12 noon. Purpose: The Panel will meet on July 15, 2005, from 9 a.m. until 12 noon, and this session will be open to the public, subject to the availability of space. Any interested citizens are encouraged to attend.

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 Pub. L. 104-164 dated July 1996.

In notice document 05-9284 beginning on page 24635 in the issue of Tuesday, May 10, 2005, make the following correction: On page 24635 in the first column, third sentence of Section II ``Award Information'', the language, ``The duration of the project(s) funded by this solicitation is four (4) years'', is incorrect. This sentence should be changed to read, ``The duration of the project(s) funded by this solicitation must be between 30 months and 48 months.''.

In notice document 05-10620 beginning on page 30791 in the issue of Friday, May 27, 2005, make the following correction: On page 30791, in the second column, third sentence of Section II ``Award Information'', the language, ``The duration of the project(s) funded by this solicitation is four (4) years'', is incorrect. This sentence should be changed to read, ``The duration of the project(s) funded by this solicitation must between 30 months and 48 months.''

The Office of the Secretary of Defense is exempting those records contained in DCIFA 01, entitled ``CIFA Operational and Analytical Records'' when an exemption has been previously claimed for the records in another Privacy Act system of records. The exemption will preserve the exempt status of the record when the purposes underlying the exemption for the original record is still valid and necessary to protect the contents of the record.

DSCA published a document in the Federal Register of June 1, 2005, concerning the sale of defense articles and services to Australia. The package contained the wrong cover letter.

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 is publishing the following notice to provide guidance to the aviation industry regarding the responsibility pursuant to section 145 of the Aviation and Transportation Security Act of certain air carriers to transport under certain conditions the ticketed passengers of a carrier that has ceased operations on a particular route or routes due to bankruptcy or insolvency.

In compliance with the Energy Policy Act of 1992 and Executive Order 13149, this notice announces the availability of the 2004 report which summarizes the U.S. Department of Labor's (DOL) compliance with the annual alternative fuel vehicle acquisition requirement for its fleet. The web site also contains the Department's previous annual reports for fiscal years 1999-2003. Additionally, the reports include data relative to the agency's effort in reducing petroleum consumption.

The U.S. Department of Labor (USDOL), Bureau of International Labor Affairs (ILAB), intends to fund up to U.S. $2 million to cooperative agreement E-9-K-5-0019 with the International Labor Organization (ILO) for the International HIV/AIDS Workplace Education Program. The Conference Report of the FY 2005 Labor-HHS- Education appropriation states that ``In implementing this agreement, the Departments and agencies should be guided by the language and instructions set forth in House Report 108-636 accompanying the bill H.R. 5006 and Senate Report 108-345 accompanying bill, S. 2810.'' The Conference Report likewise states that: ``The Conference agreement includes $2,000,000 for the purpose of assisting the International Labor Organization in implementing a program to confront HIV/AIDS in the workplace.''

Pursuant to the provisions of subsection (d) of section 10 of Public Law 92-463, as amended by section 5 of Public Law 94-409, notice is hereby given that a closed meeting of the DIA Advisory Board has been scheduled as follows:

Pursuant to 42 United States Code 13218(b), the Department of Health and Human Services gives notice that the Department's FY 2004 Fleet Alternative Fuel Vehicle Acquisition and Compliance Report is available on-line at https://www.knownet.hhs.gov/log/AgencyPolicy/ HHSLogPolicy/afvcompliance.htm

Notice is hereby given that the Office of Research Integrity (ORI), the Acting Assistant Secretary for Health, and another Federal agency have taken final action in the following case: Jason W. Lilly, Ph.D., Boyce Thompson Institute: Based on the report of an investigation conducted by the Boyce Thompson Institute (BTI Report), the investigation report of another Federal agency, and additional analysis conducted by ORI in its oversight review, the U.S. Public Health Service (PHS) found that Jason W. Lilly, Ph.D., former postdoctoral fellow at BTI, engaged in scientific misconduct in research supported by the National Research Service Award, National Institutes of Health (NIH) postdoctoral fellowship, F32 GM64276. This case has been jointly handled by ORI and another Federal agency under the government-wide debarment regulations. Specifically, PHS found that: A. Dr. Lilly falsified Figure 4, presenting a hierarchical cluster analysis of differential mRNA accumulation in cells grown in medium deficient in sulfate or phosphate in ``The Chlamydonomas reinhardtii organellar genomes respond transcriptionally and post-transcriptionally to abiotic stimuli,'' The Plant Cell 14:2681:2706, 2002 (hereafter referred to as the Plant Cell paper) by claiming it was an average of three experiments when only one had been conducted; B. Dr. Lilly further falsified Figure 4 of the Plant Cell paper by falsely coloring two cells in the blown-up portion of the figure that illustrated the induction of high levels of mRNA from the Sac1 gene; C. Dr. Lilly falsified the supplemental gene array experiments published online claimed to be replicate assays by manipulation of both spreadsheet and image data from a single assay to make the altered data sufficiently different to appear to be separate assays; D. Dr. Lilly falsified the text describing Figure 5 of the Plant Cell paper by claiming that the run-on assays had been replicated when they had not been; E. Dr. Lilly falsified the purported replicates of run-on transcription experiments provided in the on-line supplemental material by manipulation of a single assay to make the variant versions appear different; and F. Dr. Lilly falsified Figure 1 of the Plant Cell paper by using the same 16S control bands for RNA blots of two different genes (psbF and PsaG). Dr. Lilly has been debarred by the lead agency for a period of two (2) years, beginning on March 4, 2005, and ending on March 4, 2007, and has entered into a Voluntary Exclusion Agreement (Agreement ) with PHS in which he has voluntarily agreed: (1) To exclude himself 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, for a period of four (4) years, beginning on April 18, 2005; and (2) That he will ensure that any institution employing him submits, in conjunction with each application for PHS funds or report, manuscript, or abstract of PHS funded research in which Dr. Lilly is involved, a certification that the data provided by Dr. Lilly 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 for a period of two (2) years, beginning on April 18, 2007, approximately corresponding to the termination date of the debarment period initiated by the lead agency. Dr. Lilly must ensure that the institution also sends a copy of the certification to ORI.