Office of the Secretary December 2007 – Federal Register Recent Federal Regulation Documents

Submission for OMB Review: Comment Request
Document Number: E7-25371
Type: Notice
Date: 2007-12-31
Agency: Office of the Secretary, Department of Labor
Reaffirmation of Statement of Findings: Southern Arizona Water Rights Settlement Amendments Act of 2004
Document Number: E7-25290
Type: Notice
Date: 2007-12-28
Agency: Office of the Secretary, Department of the Interior
The Secretary of the Interior (Secretary) is publishing this notice in accordance with section 302(b) of the Southern Arizona Water Rights Settlement Amendments Act of 2004 (Settlement Amendments Act), Public Law 108-451, 118 Stat. 3536, 3571-72, and H.R. 3739 (Public Law Number forthcoming). Congress enacted the Settlement Amendments Act as Title III of the Arizona Water Settlements Act (AWSA), Public Law 108- 451, 118 Stat. 3478 et seq. The publication of this notice causes the amendments to the Southern Arizona Water Rights Settlement Act of 1982 (1982 Act), Public Law 97-293, 96 Stat. 1274 (as amended), made by the Settlement Amendments Act to take effect.
Human Capital, Performance and Partnerships; National Invasive Species Council
Document Number: E7-25262
Type: Notice
Date: 2007-12-28
Agency: Office of the Secretary, Department of the Interior
Pursuant to Executive Order 13112, the National Invasive Species Council (NISC) is announcing the availability of the draft of the 2008-2012 National Invasive Species Management Plan for a 45-day public comment period. The Order established NISC as an inter-agency council to prevent and control invasive species in order to minimize their economic, ecological and human health impacts. The Council, which is co-chaired by the Secretaries of Agriculture, Commerce and the Interior also includes the Departments of State, Defense, Transportation, Homeland Security, Treasury, Health and Human Services, as well as the Environmental Protection Agency, the U.S. Trade Representative, the U.S. Agency for International Development and the National Aeronautics and Atmospheric Administration. The Plan is intended to address invasive species in the areas of prevention, early detection and rapid response, control, restoration and organizational collaboration. Text of the 2008-2012 National Invasive Species Management Plan is available in PDF format at www.invasivespeciesinfo.gov.
Proposed Collection, Comment Request
Document Number: E7-25196
Type: Notice
Date: 2007-12-28
Agency: Office of the Secretary, Department of Defense
Proposed Collection; Comment Request
Document Number: E7-25195
Type: Notice
Date: 2007-12-28
Agency: Office of the Secretary, Department of Defense
Proposed Collection; Comment Request
Document Number: E7-25193
Type: Notice
Date: 2007-12-28
Agency: Office of the Secretary, Department of Defense
In compliance with Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Defense Finance and Accounting Service announces a proposed public information collection and seeks public comment on the provisions thereof. Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden of the proposed information collection; (c) ways to enhance the quality, utility and clarity of the information to be collected; and (d) ways to minimize the burden of the information collection on respondents, including through the use of automated collection techniques or other forms of information technology.
Revisions to Procedures for the Departmental Appeals Board and Other Departmental Hearings
Document Number: 07-6221
Type: Proposed Rule
Date: 2007-12-28
Agency: Department of Health and Human Services, Office of the Secretary, Centers for Medicare and Medicaid Services, Office of the Inspector General, Centers for Medicare & Medicaid Services
The Department of Health and Human Services (Department) proposes to amend Departmental regulations governing administrative review by the Departmental Appeals Board (DAB) and certain other administrative review regulations to ensure that the final administrative decision of the Department reflects the considered opinion of the Secretary of Health and Human Services (Secretary). Current regulations at 45 CFR Part 16 governing the review of grant disputes do not specifically require the DAB to follow published guidance issued by the Secretary or a Departmental component. The DAB decision is currently the final administrative decision of the Department on such disputes and currently there is no Secretarial review of this final decision. Similarly, the DAB currently provides the final agency review of the imposition of civil monetary penalties (CMPs) for which administrative appeal is available under 45 CFR Part 160, Subpart E, enforcement sanctions under 42 CFR Part 422 and 423, determinations subject to reconsideration and appeal under 42 CFR Part 498 and the imposition by the Inspector General of the Department (I.G.) or the Centers for Medicare and Medicaid Services (CMS) of exclusions, CMPs and assessments subject to appeal under 42 CFR Part 1005. As in 45 CFR Part 16, the decisions of the DAB under these processes are considered the final agency action on matters, though they are not subject to Secretarial review. This proposed rule would amend DAB regulations to require that the DAB follow published guidance that is not inconsistent with applicable statutes and regulations and would permit the Secretary an opportunity to review DAB decisions to correct errors in the application of law, or deviations from published guidance, in such disputes. This proposed rule would make technical changes to the regulations at 45 CFR Part 16. This proposed rule would also amend hearing and appeal procedures at 45 CFR Part 160, Subpart E and at 42 CFR Parts 422, 423 and 498 to include a parallel statement regarding the treatment of published guidance. Similarly, this proposed rule would amend the procedures at 45 CFR Part 81 to provide a similar statement regarding the treatment of published guidance by hearing examiners and reviewing authorities. In addition, this proposed rule would amend the hearing and appeal procedures at 45 CFR Part 160, Subpart E and 42 CFR Parts 422, 423, 498 and 1005 to provide a parallel opportunity for Secretarial review of DAB decisions. Finally, this proposed rule would revise the procedures for Head Start grantee appeals by applying the current 60-day time limit for ``final decisions'' to the Board's decision.
Implementation of Limitations on Terms of Consumer Credit Extended to Service Members and Dependents
Document Number: E7-25119
Type: Notice
Date: 2007-12-27
Agency: Office of the Secretary, Department of Defense
The Department of Defense is preparing to draft a report to Congress and invites public comments and suggestions. An Item of Special Interest in the Senate Report 110-077 accompanying the National Defense Authorization Act for Fiscal Year 2008 (FY 2008 NDAA), requests the Department of Defense to report on the implementation of limitations on terms of consumer credit extended to Service members and dependents. The guidance from the Senate Armed Services Committee on drafting the report can be found at Senate Report 110-077, at pages 355-356, accompanying the FY 2008 NDAA.
Notice of Procedural Guidelines for the Development and Maintenance of the List of Goods From Countries Produced by Child Labor or Forced Labor; Request for Information
Document Number: E7-25036
Type: Notice
Date: 2007-12-27
Agency: Office of the Secretary, Department of Labor
This notice sets forth final procedural guidelines (``Guidelines'') for the development and maintenance of a list of goods from countries that the Bureau of International Labor Affairs (``ILAB'') has reason to believe are produced by child labor or forced labor in violation of international standards (``List''). The Guidelines establish the process for public submission of information, and the evaluation and reporting process to be used by the U.S. Department of Labor's (``DOL'') Office of Child Labor, Forced Labor, and Human Trafficking (``Office'') in maintaining and updating the List. DOL is required to develop and make available to the public the List pursuant to the Trafficking Victims Protection Reauthorization Act of 2005. This notice also requests information on the use of child labor and/or forced labor in the production of goods internationally, as well as information on government, industry, or third-party actions and initiatives to address these problems. This information will be used by DOL as appropriate in developing the initial List.
Submission for OMB Review: Comment Request
Document Number: E7-25021
Type: Notice
Date: 2007-12-27
Agency: Office of the Secretary, Department of Labor
Submission for OMB Review: Comment Request
Document Number: E7-24904
Type: Notice
Date: 2007-12-26
Agency: Office of the Secretary, Department of Labor
36(b)(1) Arms Sales Notification
Document Number: 07-6177
Type: Notice
Date: 2007-12-26
Agency: Office of the Secretary, Department of Defense
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
Document Number: 07-6151
Type: Notice
Date: 2007-12-26
Agency: Office of the Secretary, Department of Defense
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
Document Number: 07-6150
Type: Notice
Date: 2007-12-26
Agency: Office of the Secretary, Department of Defense
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.
Application of Taga Air Charter Service, Inc. for Commuter Air Carrier Authorization
Document Number: E7-24868
Type: Notice
Date: 2007-12-21
Agency: Office of the Secretary, Department of Transportation
The Department of Transportation is directing all interested persons to show cause why it should not issue an order finding that Taga Air Charter Service, Inc., is not a U.S. citizen, as defined in 49 U.S.C. 40102(a)(15), and that its application for Commuter Air Carrier Authorization under section 41738 of the Statute is denied. In addition, we propose to cancel its existing air taxi registration pursuant to 49 U.S.C. 40109(f) and 14 CFR part 298.
Submission for OMB Review; Comment Request
Document Number: E7-24833
Type: Notice
Date: 2007-12-21
Agency: Office of the Secretary, Department of Defense
Submission for OMB Review; Comment Request
Document Number: E7-24828
Type: Notice
Date: 2007-12-21
Agency: Office of the Secretary, Department of Defense
Submission for OMB Review; Comment Request
Document Number: E7-24827
Type: Notice
Date: 2007-12-21
Agency: Office of the Secretary, Department of Defense
Submission for OMB Review; Comment Request
Document Number: E7-24823
Type: Notice
Date: 2007-12-21
Agency: Office of the Secretary, Department of Defense
Submission for OMB Review: Comment Request
Document Number: E7-24810
Type: Notice
Date: 2007-12-21
Agency: Office of the Secretary, Department of Labor
Submission for OMB Review: Comment Request
Document Number: E7-24777
Type: Notice
Date: 2007-12-21
Agency: Office of the Secretary, Department of Labor
Board of Regents of the Uniformed Services University of the Health Sciences
Document Number: 07-6178
Type: Notice
Date: 2007-12-21
Agency: Office of the Secretary, Department of Defense
Under the provisions of the Federaql Advisory Committee Act of 1972 (5 U.S.C., Appendix, as amended) and the Sunshine in the Government Act of 1976 (5 U.S.C. 552b, as amended) announcement of the following meeting:
National Task Force To Develop Model Contingency Plans To Deal With Lengthy Airline On-Board Ground Delays
Document Number: E7-24745
Type: Notice
Date: 2007-12-20
Agency: Office of the Secretary, Department of Transportation
OST is establishing a National Task Force to develop model contingency plans to deal with lengthy airline on-board ground delays. The Task Force will be composed of individuals appointed by the Secretary of Transportation who represent a cross-section of the diverse agencies, organizations and individuals that represent airlines, airports and consumer groups in the U.S. The Task Force will also ensure that members of the public are able to present their views to it. The purpose of this notice is to invite interested parties, organizations, and individuals, to submit applications to be considered for representation on the Task Force.
TRICARE Program; Overpayments Recovery
Document Number: E7-24707
Type: Proposed Rule
Date: 2007-12-20
Agency: Office of the Secretary, Department of Defense
This rule proposes amendments to the CHAMPUS and TRICARE program regulation that governs the recoupment of erroneous payments. The proposed rule implements changes required by the Debt Collection Improvement Act of 1996 and the revised Federal Claims Collection Standards.
DoD Freedom of Information Act (FOIA) Program Regulation
Document Number: E7-24359
Type: Proposed Rule
Date: 2007-12-19
Agency: Office of the Secretary, Department of Defense
The Department of Defense is proposing to update current policies and procedures to reflect the DoD FOIA Program as prescribed by Executive Order 13392. The proposed changes will ensure appropriate agency disclosure of information, and offer consistency with the goals of section 552 of title 5, United States Code.
DoD Freedom of Information Act (FOIA) Program
Document Number: E7-24355
Type: Rule
Date: 2007-12-19
Agency: Office of the Secretary, Department of Defense
The Department of Defense is updating current policies and procedures reflecting the DoD FOIA Program as prescribed by Executive Order 13392. The changes will ensure appropriate agency disclosure of information and offer consistency with the goals of section 552 of title 5, United States Code.
Provision of Early Intervention and Special Education Services to Eligible DoD Dependents
Document Number: E7-24353
Type: Rule
Date: 2007-12-19
Agency: Office of the Secretary, Department of Defense
The Department of Defense (DoD) school systems [DoD Dependents Schools (DoDDS) and the Defense Dependents Elementary and Secondary Schools (DDESS)] are required by law to provide services and safeguards to children with disabilities consistent with the ``Individuals With Disabilities Education Act'' (IDEA). This will bring the DoDDS and DDESS under a single rule codified at 32 CFR part 57. The rule integrates previous DoD policy memoranda.
Exxon Valdez Oil Spill Trustee Council; Notice of Meeting
Document Number: E7-24502
Type: Notice
Date: 2007-12-18
Agency: Office of the Secretary, Department of the Interior
The Department of the Interior, Office of the Secretary is announcing a public meeting of the Exxon Valdez Oil Spill Public Advisory Committee.
36(b)(1) Arms Sales Notification
Document Number: 07-6063
Type: Notice
Date: 2007-12-18
Agency: Office of the Secretary, Department of Defense
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
Document Number: 07-6062
Type: Notice
Date: 2007-12-18
Agency: Office of the Secretary, Department of Defense
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
Document Number: 07-6060
Type: Notice
Date: 2007-12-18
Agency: Office of the Secretary, Department of Defense
The Department of Defense is publishing the unclassified text of a section 36(b)91) arms sales notification. This is published to fulfill the requirements of section 155 of Public Law 104-164 dated 21 July 1996.
Manual for Courts-Martial; Proposed Amendments
Document Number: E7-24388
Type: Notice
Date: 2007-12-17
Agency: Office of the Secretary, Department of Defense
The JSC is forwarding final proposed amendments to the MCM to the Department of Defense. The proposed changes constitute the 2007 annual review required by the MCM and DoD Directive 5500.17, ``Role and Responsibilities of the Joint Service Committee (JSC) on Military Justice,'' May 3, 2003. The proposed changes concern the rules of procedure and evidence and the punitive articles applicable in trials by courts-martial. These proposed changes have not been coordinated within the Department of Defense under DoD Directive 5500.1, ``Preparation, Processing and Coordinating Legislation, Executive Orders, Proclamations, Views Letters Testimony,'' June 15, 2007, and do not constitute the official position of the Department of Defense, the Military Departments, or any other Government agency.
Statement of Findings: Southern Arizona Water Rights Settlement Amendments Act of 2004
Document Number: E7-24258
Type: Notice
Date: 2007-12-14
Agency: Office of the Secretary, Department of the Interior
The Secretary of the Interior is publishing this notice in accordance with section 302(b) of the Southern Arizona Water Rights Settlement Amendments Act of 2004 (Settlement Amendments Act), Public Law 108-451, 118 Stat. 3536, 3571-72. Congress enacted the Settlement Amendments Act as Title III of the Arizona Water Settlements Act (AWSA), Public Law 108-451, 118 Stat. 3478 et seq. The publication of this notice causes the amendments to the Southern Arizona Water Rights Settlement Act of 1982 (1982 Act), Public Law 97-293, 96 Stat. 1274 (as amended), made by the Settlement Amendments Act to take effect.
Statement of Findings: Gila River Indian Community Water Rights Settlement Act of 2004
Document Number: E7-24257
Type: Notice
Date: 2007-12-14
Agency: Office of the Secretary, Department of the Interior
The Secretary of the Interior is publishing this notice in accordance with section 207(c) of the Gila River Indian Community Water Rights Settlement Act of 2004 (Settlement Act), Public Law 108-451, 118 Stat. 3499, 3519-20. Congress enacted the Settlement Act as Title II of the Arizona Water Settlements Act (AWSA), Public Law 108-451, 118 Stat. 3478 et seq. The publication of this notice causes the waivers and releases of certain claims to become effective as required by the Settlement Act.
Amendment to Department of Defense Federal Advisory Committees
Document Number: E7-24224
Type: Notice
Date: 2007-12-14
Agency: Office of the Secretary, Department of Defense
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 41 CFR 102-3.85, the Department of Defense gives notice that it is amending the charter for the Defense Advisory Board for Employer Support of the Guard and Reserve (hereafter referred to as the Board). The Department of Defense hereby authorizes the Board to establish and use subcommittees as necessary and consistent with its mission. These subcommittees or working groups shall operate under the provisions of the Federal Advisory Committee Act of 1972, the Sunshine in the Government Act of 1976, and other appropriate Federal regulations. Such subcommittees or workgroups shall not work independently of the chartered Board, and shall report all their recommendations and advice to the Board for full deliberation and discussion. Subcommittees or workgroups have no authority to make decisions on behalf of the chartered Board nor can they report directly to the Department of Defense or any federal officers or employees who are not Board Members.
Privacy Act of 1974; Revision of System of Records and Proposed New Routine Uses
Document Number: E7-24056
Type: Notice
Date: 2007-12-12
Agency: Office of the Secretary, Department of Agriculture
The United States Department of Agriculture gives notice that it is proposing to revise its Privacy Act System of Records, USDA/FSA-2 entitled ``Farm Records File (Automated).''
Privacy Act of 1974; Revision of Systems of Records and Proposed New Routine Uses
Document Number: E7-23974
Type: Notice
Date: 2007-12-11
Agency: Office of the Secretary, Department of Agriculture
Pursuant to the Privacy Act (5 U.S.C. 552a), the United States Department of Agriculture (USDA) gives notice that it proposes to amend five Privacy Act Systems of Records maintained by the Risk Management Agency (RMA).
Provision of Free Public Education for Eligible Children Pursuant to Section 6, Public Law 81-874
Document Number: 07-6006
Type: Rule
Date: 2007-12-11
Agency: Office of the Secretary, Department of Defense
The Department of Defense is removing 32 CFR Part 68, ``Provision of Free Public Education for Eligible Children Pursuant to Section 6, Public Law 81-874.'' The part has served the purpose for which it was intended and is no longer valid.
Renewal of Federal Advisory Committee
Document Number: E7-23765
Type: Notice
Date: 2007-12-07
Agency: Office of the Secretary, Department of Defense
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 41 CFR 102-3.65, the Department of Defense gives notice that it will renew the charter for the Board of Visitors National Defense Intelligence College. The purpose of the Board of Visitors for the National Defense Intelligence College (hereafter referred to as the Board of Visitors) is to provide the Secretary of Defense independent advice on matters relating to the mission of the National Defense Intelligence College. The Director, Defense Intelligence Agency may act upon the Board of Visitor's advice and recommendations The Board of Visitors shall be comprised of no more than twelve members, and the Department of Defense, to achieve a balanced membership, will include a cross-section of experts and eminent authorities in the fields of national intelligence, defense and academia. The Secretary of Defense approves the appointment of the members, and those who are not full-time Federal officers or employees are appointed as Special Government Employees under the authority of 5 U.S.C. 3109. With the exception of travel and per diem for official travel, the members shall server without compensation. The Director, Defense Intelligence Agency shall select the committee's chairperson from the Board of Visitors at large. The Board of Visitors 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 subcommittees or workgroups shall not work independently of the chartered committee, and shall report all their recommendations and advice to the Board of Visitors 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 Board of Visitors.
Submission for OMB Review: Comment Request
Document Number: E7-23535
Type: Notice
Date: 2007-12-05
Agency: Office of the Secretary, Department of Labor
Autism Services Demonstration Project for TRICARE Beneficiaries Under the Extended Care Health Option Program
Document Number: E7-23477
Type: Notice
Date: 2007-12-04
Agency: Office of the Secretary, Department of Defense
This notice is to advise interested parties of a Military Health System (MHS) demonstration project entitled Enhanced Access to Autism Services Demonstration Project. The Department proposes a demonstration program under the Department's demonstration authority under 10 United States Code (U.S.C.) 1092 to expand the availability of Intensive Behavioral Intervention (IBI) services (defined as an intensive application of certain behavior modification interventions) to Extended Care Health Option (ECHO) program beneficiaries with autism. The demonstration program will permit TRICARE cost sharing of services by IBI tutors under a modified corporate services model. This demonstration will determine whether military families are able to make more effective use of the special education benefit in the ECHO program. Additionally, the demonstration will help determine the effectiveness of expanding the provider base in improving the access to services for TRICARE and attendant improvement in functional outcome for those military dependent children receiving services. For purposes of this demonstration, provider qualifications will be established by the Department pending development of national standards by a nationally recognized certifying body for ABA providers, which standards the Department determines appropriate for acceptance in the delivery of quality care under the program. The Department intends to retain the ECHO benefit as currently outlined in 32 Code of Federal Regulations (CFR) 199.5, except for the changes that will be implemented in the demonstration program noted above.
Submission for OMB Review: Comment Request
Document Number: E7-23461
Type: Notice
Date: 2007-12-04
Agency: Office of the Secretary, Department of Labor
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