Office of the Secretary May 2007 – Federal Register Recent Federal Regulation Documents
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Disclosure of Government Information; Responsibility for Responding to Freedom of Information Act Requests
The Department of Commerce (Commerce) publishes this action to finalize its interim final rule that established the date that the Department uses in identifying those records that it may consider when responding to a Freedom of Information Act request. The Department takes this action pursuant to a court order that enjoined it from further use of its regulations.
Notice of Request for Renewal of a Previously Approved Collection
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35, as amended) this notice announces that the Information Collection Request (ICR) abstracted below which will be forwarded to the Office of Management and Budget (OMB) for renewal. The ICR describes the nature of the information collection and its expected burden. The Federal Register Notice with a 60-day comment period soliciting comments on the following collection of information was published on Wednesday, February 14, 2007 (Vol. 72, FR 7110-7111). No comments were received.
Meeting of the President's Commission on Care for America's Returning Wounded Warriors
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 Code of Federal Regulations (CFR) 102-3.140 through 160, the Department of Defense announces the forthcoming public meeting:
36(b)(1) Arms Sales Notification
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.
Establishment of Federal Advisory Committee
Under the provisions of the Federal Advisory Committee Act of 1072, (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 intents to establish the Department of Defense Audit Advisory Committee, as a discretionary Federal advisory committee. This committee will provide the Secretary of Defense, through the Under Secretary of Defense (Comptroller)/Chief Financial Officer, independent advice on DoD's financial management, including the financial reporting process, systems of internal controls, audit process and processes for monitoring compliance with applicable laws and regulations. In accordance with DoD policy and procedures, the Under Secretary of Defense (Comptroller)/Chief Financial Officer is authorized to act upon the advice emanating from this advisory committee. The Department of Defense Audit Advisory Committee shall be composed of no more than five members who are eminent authorities in the fields of financial management and audit. Committee members appointed by the Secretary of Defense, who are not full-time Federal officers or employees, shall serve as Special Government Employees under the authority of 5 U.S.C. 3109. The Department of Defense Audit Advisory Committee, in keeping with DoD policy to make every effort to achieve a balanced membership, includes a cross section of experts directly affected, interested and qualified to advice on financial and audit matters. Committee members shall be appointed on an annual basis by the Secretary of Defense, and with the exception of travel and per diem for official travel, shall serve without compensation. The Under Secretary of Defense (Comptroller)/Chief Financial Officer shall select the committee's chairperson from the committee's membership at large. The Department of Defense Audit Advisory Committee shall meet at the call of the committee's Designated Federal Officer, in consultation with the Chairperson, and the estimated number of committee meetings if four per year. 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 Department of Defense Audit Advisory 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 (5 U.S.C., Appendix, as amended), the Sunshine in the Government Act of 1976 (5 U.S.C. 552b, as amended), and other appropriate Federal regulations. Such committees or workgroups shall not work independently of the chartered committee, and shall report all their recommendations and advice to the Department of Defense Audit Advisory 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 members of the Department of Defense Audit Advisory Committee.
Exemption of Certain Systems of Records Under the Privacy Act
This proposed rule would exempt the four system of records from subsections (c)(3), (d)(1) through (d)(4), (e)(4)(G) and (H), and (f) of the Privacy Act pursuant to 5 U.S.C. 552a(k)(2): The Automated Survey Processing Environment (ASPEN) Complaint/Incidents Tracking System (``ACTS''), HHS/CMS, System No. 09-70-0565; the Health Insurance Portability and Accountability Act (HIPAA) Information Tracking System (``HITS''), HHS/CMS, System No. 09-70-0544; the Organ Procurement Organizations System (``OPOS''), HHS/CMS, System No. 09-70-0575; and the Fraud Investigation Database (``FID''), HHS/CMS, System No. 09-70- 0527.
Privacy Act of 1974; Systems of Records
The Defense Logistics Agency is amending a system of records notice to its existing inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended.
Conduct on the Pentagon Reservation
This rule administrative revises DoD policy concerning conduct on the Pentagon Reservation and Raven Rock Mountain Complex. In 2003, Congress amended 10 U.S.C. 2674(g) so that the ``Pentagon Reservation'' also included the land and physical facilities at the Raven Rock Mountain Complex. Given this amendment, the Department has recognized the need to amend rules and regulations under 32 CFR Part 234 so that they are applicable to Raven Rock Mountain Complex. Therefore, minor and administrative changes to the rules and regulations were necessary.
Record of Decision for the Final Programmatic Environmental Impact Statement for Defense Threat Reduction Agency (DTRA) Activities on White Sands Missile Range, NM
Pursuant to the National Environmental Policy Act (NEPA) of 1969, as amended (42 U.S.C. 4321 et seq.), and the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA (40 CFR parts 1500-1508), the Defense Threat Reduction Agency (DTRA) has prepared and issued a Record of Decision for the proposed testing activities on White Sands Missile Range (WSMR) proposed in the WSMR Programmatic Environmental Impact Statement (PEIS). The PEIS addresses the potential environmental impacts associated with implementing the proposed action, alternative, and no action alternative over a 10-year period. The purpose of the proposed action is to provide adequate test areas and facilities to evaluate the lethality effectiveness of weapon systems used against simulated enemy ground targets producing, storing, or controlling Weapons of Mass Destruction (WMD). There is a need to improve the U.S. Military's weapon systems that are designed to defeat enemy military assets, including hardened and reinforced structures. These enemy military assets can house WMD and pose a significant threat to international stability and peaceful coexistence within and among nations. The military structures and equipment of the United States and its allies must also be refined to better withstand attack by enemy weapons systems to reduce collateral damage. The Record of Decision briefly summarizes the determination of the WSMR PEIS and announces DTRA's intended course of action with respect to the proposed alternatives and environmental mitigation measures presented in the WSMR PEIS.
Office of the Assistant Secretary for Planning and Evaluation; Request for Comments on the Departmental FY 2007-2012 Strategic Plan
The Department of Health and Human Services (HHS) is seeking public comment on its draft Strategic Plan for fiscal years 2007-2012.
Sub Committee Meeting of the President's Commission on Care for America's Returning Wounded Warriors
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 Code of Federal Regulations (CFR) 102-3.140 through 160, the Department of Defense announces the forthcoming sub committee meeting: Subcommittees of the Commission will conduct preparatory work meetings in the New Jersey area June 15th to gather information, conduct research and analyze relevant issues and facts in preparation for a meeting of the Commission. Pursuant to section 102-3.160(a) of 41 Code of Federal Regulations (CFR), these subcommittee meetings are not open to the public, and the subcommittees are required to report their findings to the Commission for further deliberation. Locations include the East Orange VA Health Center. Additionally, the Sub Committees may visit public and private hospitals in the area for investigation of Centers of Excellence that apply to the Commission's Charter.
Sub Committee Meeting of the President's Commission on Care for America's Returning Wounded Warriors
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 Code of Federal Regulations (CFR) 102-3.140 thorough 160, the Department of Defense announces the forthcoming sub committee meeting: Subcommittees of the Commission will conduct preparatory work meetings at Ft. Bragg and Camp Lejeune, North Caroline June 19th to gather information, conduct research and analyze relevant issues and facts in preparation for a meeting of the Commission. Pursuant to section 102-3.160(a) of 41 Code of Federal Regulations (CFR), these subcommittee meetings are not open to the public, and the subcommittees are required to report their findings to the Commission for further deliberation.
Solicitation for Members To Fill Vacancies to the National Agricultural Research, Extension, Education, and Economics Advisory Board
In accordance with the Federal Advisory Committee Act, 5 U.S.C. App., the United States Department of Agriculture announces solicitation for nominations to fill 10 vacancies on the National Agricultural Research, Extension, Education, and Economics Advisory Board.
Bureau of International Labor Affairs; National Advisory Committee for Labor Provisions of U.S. Free Trade Agreements
Pursuant to the provisions of the Federal Advisory Committee Act, the North American Agreement on Labor Cooperation (NAALC), and the Labor Provisions of U.S. Free Trade Agreements, the Secretary of Labor has determined that the renewal of the charter of the National Advisory Committee for Labor Provisions of U.S. Free Trade Agreements is necessary and in the public interest. The committee shall provide its views to the Secretary of Labor through the Bureau of International Labor Affairs of the U.S. Department of Labor, which is the point of contact for the NAALC and the Labor Provisions of U.S. Free Trade Agreements. The committee is to be comprised of twelve members, four representing the labor community, four representing the business community, and four representing the public. Purpose: In accordance with the provisions of the Federal Advisory Committee Act, Article 17 of the NAALC, Article 17.4 of the United States-Singapore Free Trade Agreement, Article 18.4 of the United States-Chile Free Trade Agreement, Article 18.4 of the United States- Australia Free Trade Agreement, Article 16.4 of the United States- Morocco Free Trade Agreement, Article 16.4 of the Central America- Dominican Republic-United States Free Trade Agreement (CAFTA-DR), and Article 15.4 of the United States-Bahrain Free Trade Agreement, the Secretary of Labor has determined that the renewal of the charter of the National Advisory Committee for Labor Provisions of U.S. Free Trade Agreements is necessary and in the public interest. The Bureau of International Labor Affairs is the point of contact within the U.S. Department of Labor for the NAALC and the labor provisions of the United States-Singapore, United States-Chile, United States-Australia Free Trade Agreements, United States-Morocco Free Trade Agreement, the Central America-Dominican Republic-United States Free Trade Agreement (CAFTA-DR), and the United States-Bahrain Free Trade Agreement. The committee shall provide its views to the Secretary of Labor through the Bureau of International Labor Affairs of the U.S. Department of Labor on the implementation of the NAALC and the labor chapters of the United States-Singapore Free Trade Agreement, the United States-Chile Free Trade Agreement, the United States-Australia Free Trade Agreement, United States-Morocco Free Trade Agreement, the Central America-Dominican Republic-United States Free Trade Agreement (CAFTA-DR), and the United States-Bahrain Free Trade Agreement. The committee may be asked to provide advice on labor provisions of other free trade agreements to which the United States may be a party or become a party. The committee should provide advice on issues within the scope of the NAALC and the labor provisions of the free trade agreements, including cooperative activities and the labor cooperation mechanism of each free trade agreement as established in the labor provisions and the corresponding annexes. The committee may provide advice on these and other matters as they arise in the course of administering the NAALC and the labor provisions of other free trade agreements to which the United States may be a party or become a party. The committee is to be comprised of twelve members, four representing the labor community, four representing the business community, and four representing the public. Unless already employees of the United States Government, none of these members shall be deemed to be employees of the United States Government.
Findings of Research Misconduct
Notice is hereby given that the Office of Research Integrity (ORI) and the Assistant Secretary for Health have taken final action in the following case: Kartik Prabhakaran, University of Pittsburgh: Based on the report of an inquiry conducted by the University of Pittsburgh (UP), extensive oral and written admissions by the Respondent, and additional analysis conducted by the Office of Research Integrity (ORI) during its oversight review, the U.S. Public Health Service (PHS) found that Mr. Kartik Prabhakaran, former graduate student in the joint M.D./Ph.D. program at UP, engaged in research misconduct while supported by National Institutes of Neurological Disorders and Stroke (NINDS), National Institutes of Health (NIH), grant F30 NS50905-01 and National Eye Institute (NEI), NIH, grants 5 R01 EY005945, 5 P30 EY008098, and 5 R01 EY015291. Specifically, Mr. Prabhakaran falsified and fabricated data that was included in a PowerPoint presentation and in a paper published in Immunity (Immunity 23:515-525, November 2005). Mr. Prabhakaran's research misconduct occurred while he was a student in the M.D./Ph.D. program for UP's School of Medicine. He is no longer in UP's Ph.D. program but is still enrolled in its M.D. program in the School of Medicine. The Immunity publication has been retracted (Immunity 24:657, May 2006). Mr. Prabhakaran has entered into a Voluntary Exclusion Agreement in which he has voluntarily agreed, for a period of four (4) years, beginning on March 15, 2007: (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 a consultant; and (2) That any institution that submits an application for PHS support for a research project on which Mr. Prabhakaran's participation is proposed, that uses him in any capacity on PHS supported research, or that submits a report of PHS-funded research in which he is involved must concurrently submit a plan for supervision of his duties to the funding agency for approval. The supervisory plan must be designed to ensure the scientific integrity of his research contribution. Mr. Prabhakaran agreed to ensure that a copy of the supervisory plan also is submitted to ORI by the institution. Mr. Prabhakaran agreed that he will not participate in any PHS-supported research until such a supervision plan is submitted to ORI.
National Security Education Board Group of Advisors Meeting
Pursuant to Public Law 92-463, notice is hereby given of a forthcoming meeting of the National Security Education Board Group of Advisors. The purpose of the meeting is to review and make recommendations to the Board concerning requirements established by the David L. Boren National Security Education Act, Title VIII of Public Law 102-183, as amended.
Submitting Airline Data via the Internet
The U.S. Department of Transportation (DOT) is hosting a public meeting to discuss the submission of air carrier traffic, financial, and consumer reports via a secure internet connection. The public meeting was requested by the Air Transport Association. DOT staff will demonstrate e-filing procedures and be available to answer questions. During the meeting, the DOT will propose a pilot program for a limited number of air carriers to test the internet filing system prior to the system becoming operational. A cross section of major, national, regional, commuter and foreign air carriers will be invited to volunteer to participate in the pilot program.
Reporting Requirements for Aircraft Gate Returns
The U.S. Department of Transportation (DOT) is hosting a public meeting to discuss the reporting of on-time aviation data, specifically the reporting of gate-departure time when an aircraft returns to the gate after an initial gate departure, but before the wheels-off time, and the need to report gate-departure time when the flight is ultimately cancelled.
Meeting of the President's Commission on Care for America's Returning Wounded Warriors
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 Code of Federal Regulations (CFR) Sec. Sec. 102-3.140 through 160, the Department of Defense announces the forthcoming sub committee meeting. Subcommittees of the Commission will conduct preparatory work meetings in the Chicago area to gather information, conduct research and analyze issues and facts in preparation for a meeting of the Commission. Pursuant to section 102-3.160(a) of 41 Code of Federal Regulations (CFR), these subcommittee meetings are not open to the public, and the subcommittees are required to report their findings to the Commission for further deliberation. Locations include the DoD/VA combined Health Center at Naval Training Center Great Lakes. Additionally, the Sub Committees will visit public and private hospitals in the area for investigation of Centers of Excellence that apply to the Commission's Charter.
Notification of an “Open Meeting” of the National Defense University Visitors (BOV)
The National Defense University (NDU), Designated Federal Officer, has scheduled a meeting of the Board of Visitors. Request subject notice be published in the Federal Register. 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.
Statement of Findings: Snake River Water Rights Act of 2004
The Secretary of the Interior is causing this notice to be published as required by section 10(a)(5) of the Snake River Water Rights Act of 2004 (Settlement Act), Public Law 108-447, Division J, Title X, 118 Stat. 3431, 3438-39. The publication of this notice causes the waivers and releases of certain claims to become effective as required by the Settlement Act.
Forestry Research Advisory Council
In accordance with the Federal Advisory Committee Act, 5 U.S.C. app., the United States Department of Agriculture (USDA) announces solicitation for nominations to fill eleven vacancies on the Forestry Research Advisory Council.
Meeting of the Defense Department Advisory Committee on Women in the Services (DACOWITS)
Pursuant to Section 10(a), Public Law 92-463, as amended, notice is hereby given of a forthcoming meeting of the Defense Department Advisory Committee on Women in the Services (DACOWITS), The purpose of the Committee meeting is to begin work on the 2007 report topics to include military women's health care in the theater of operations and spouses employment opportunities. The meeting is open to the public, subject to the availability of space. Interested person may submit a written statement for consideration by the Defense Department Advisory Committee on Women in the Services. Individuals submitting a written statement must submit their statement to the Point of Contact listed below at the address detailed below, NLT 5 p.m. May 24, 2007. If a written statement is not received by May 24, 2007 prior to the meeting, which is the subject of this notice, then it may not be provide to or considered by the Defense Department Advisory Committee on Women in the Services until its next open meeting. The Designated Federal Officer will review all timely submissions with the Defense Department Advisory Committee on Women in the Services Chairperson and ensure they are provided to the members of the Defense Department Advisory Committee on Women in the Services, If members of the public are interested in making an oral statement, a written statement must be submitted as above, After reviewing the written comments, the Chairperson and the Designated Federal Officer will allow the submitter of the comments to orally present their issue during an open portion of this meeting or at a future meeting permitting time allows and the topics are relevant to the Committee's activities. Two minutes will be allotted to persons desiring to make an oral presentation. Oral presentations by members of the public will be permitted only on Wednesday, 30 May from 4:30 p.m. to 5p.m. before the full Committee. Number of oral presentations to be made will depend on the number of requests received from members of the public.
Public Workshop: Privacy Impact Assessments at DHS-A Tutorial on How To Write PIAs for the Department of Homeland Security
The Department of Homeland Security Privacy Office will host a public workshop, ``Privacy Impact Assessments at DHSA Tutorial on How to Write PIAs.''
Department of Defense Task Force on the Future of Military Health Care
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 Code of Federal Regulations (CFR) Sec. 102-3.140 through 160, the Department of Defense announces the following committee meeting: Name of Committee: Department of Defense Task Force on the Future of Military Health Care, a duly established subcommittee of the Defense Health Board. Date of Meeting: May 22, 2007. Time of Meeting: 8:30 a.m. to 12 p.m. Place of Meeting: National Transportation Safety Board Conference Center, 429 L'Enfant Plaza, Washington, DC 20594. Purpose of Meeting: To obtain, review, and evaluate information related to the Task Force's congressionally-directed mission to examine matters relating to the future of military health care. The Task Force members will receive briefings on topics related to the delivery of military health care during the public meeting. Agenda: Discussion topic will be Disease Management issues related to the military healthcare system. Prior to the public meeting the Task Force will conduct a Preparatory Work Meeting from 8 a.m.-8:25 a.m. to solely analyze relevant issues and facts in preparation for the Task Force's next public meeting. In addition, the Task Force, following its public meeting, will conduct an additional Preparatory Work Meeting from 12:10 p.m. to 2 p.m. to analyze relevant issues and facts in preparation for the Task Force's next public meeting. Both Preparatory Meetings will be held at the National Transportation Safety Board Conference Center, and pursuant to 41 Code of Federal Regulations, Part 102-3.160(a), both Preparatory Work Meetings are closed to the public. Additional information and meeting registration is available online at the Task Force Web site: www.DoDfuturehealthcare.net.
36(b)(1) Arms Sales Notification
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.
36(b)(1) Arms Sales Notification
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.
Strategic Environmental Research and Development Program, Scientific Advisory Board
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 June 13-14, 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.
Application of Lynx Aviation, Inc., d/b/a Frontier Airlines, for Certificate Authority
The Department of Transportation is directing all interested persons to show cause why it should not issue an order finding Lynx Aviation, Inc., d/b/a Frontier Airlines, fit, willing, and able, and awarding it a certificate of public convenience and necessity to engage in interstate scheduled air transportation of persons, property, and mail.
Privacy Act of 1974; System of Records
The Office of the Secretary of Defense proposes to add a new ``Blanket Routine Uses'' to DoD systems of records to its inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended.
Privacy Act of 1974; Systems of Records
The Defense Threat Reduction Agency proposes to alter 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.
Privacy Act of 1974; System of Records
The Office of the Secretary of Defense proposes to add a system of records to its inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended.
Meeting of the President's Commission on Care for America's Returning Wounded Warriors
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 Code of Federal Regulations (CFR) 102-3.140 through 160, the Department of Defense announces the forthcoming public meeting: Name of Committee: President's Commission on Care for America's Returning Wounded Warriors (hereafter referred to as the Commission). Date of Meeting: May 24, 2007. Time of Meeting: 10 a.m. to (To Be Determined). Place of Meeting: San Diego California-San Diego Marriott Hotel and Marina, 333 West Harbor Drive, San Diego, CA 92101. Purpose of Meeting: To obtain, review, and evaluate information related to the Commission's mission to examine the care provided to wounded service members. The Commission will receive briefings on topics relating to the care and rehabilitation of wounded service members.
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