Office of the Secretary September 2008 – Federal Register Recent Federal Regulation Documents
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Nondiscrimination on the Basis of Disability in Air Travel
The Department of Transportation is publishing the following document regarding the provisions on conflict of laws and equivalent alternative determinations contained in the Office of the Secretary (OST) final rule on ``Nondiscrimination on the Basis of Disability in Air Travel'' (73 FR 27614; May 13, 2008). The document announces the availability of electronic submissions for conflict of law waiver requests and applications for equivalent alternative determinations through the Federal Docket Management System (FDMS). It also provides guidance to U.S. and foreign air carriers on how to submit such requests and applications through FDMS.
Testimony by Employees and the Production of Documents in Proceedings Where the United States Is Not a Party
This rule amends Part 2 of Title 45 of the Code of Federal Regulations, which provides that employees and former employees of the Department of Health and Human Services (HHS or Department) may not provide testimony as part of their official duties in litigation where the United States or a federal agency is not a party, without the approval of the head of the agency. The purpose of these amendments is to modify the definition of ``employee'' contained in 45 CFR part 2. Under these amendments, the definition of employee will be revised to reflect changes in Medicare contracting, including changes brought about by the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (MMA) (Pub. L. 108-173). In addition, the definition of employee will be modified to include employees of a state agency performing survey, certification, or enforcement functions under Title XVIII of the Social Security Act or Section 353 of the Public Health Service Act. Further, the definition of employee with respect to employees of entities covered by the Federally Supported Health Centers Assistance Act, as amended, 42 U.S.C. 233(g)-(n) (FSHCAA), will be limited to testimony requested in medical malpractice tort litigation which relates to medical functions performed at a time when the center was covered under FSHCAA.
Privacy Act of 1974; Abolish Obsolete System of Records
The records formerly maintained in this Privacy Act System of Records, USDA/FS-05 Certified Cost Collectors are no longer maintained, and the System of Records is obsolete. Therefore, this system is being abolished and removed from the inventory of USDA System of Records in accordance with 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 is amending a system of records notice in its existing 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.
Privacy Act of 1974; System of Records
The Office of the Secretary of Defense is adding a new system of records notice in its existing 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 is amending a system of records notice in its existing inventory of record systems subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended.
Closed Meeting of the Defense Policy Board Advisory Committee
The Defense Policy Board Advisory Committee announced a closed session in the Federal Register on August 22, 2008 (73 FR 49652). This notice is being published to announce a change in the meeting times. The Defense Policy Board Advisory Committee will now meet on September 25, 2008 from 0800 until 1930 and September 26, 2008 from 0800 until 1500.
Missile Defense Advisory Committee Closed Meeting
Under the provisions of the Federal Advisory Committee Act of 1972 (5 U.S.C., Appendix, as amended) and the Government in the Sunshine Act of 1976 (5 U.S.C. 552b, as amended) and 41 CFR 102-3.150, the Department of Defense announces the following Federal advisory committee meeting of the Missile Defense Advisory Committee.
Privacy Act of 1974; Systems of Records
The Defense Logistics Agency is deleting a system of records notice in its existing inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended.
Membership of the Performance Review Board
This notice announces the appointment of the members of the Performance Review Board (PRB) of the Missile Defense Agency (MDA). The publication of PRB membership is required by 5 U.S.C. 4314(c) (4). The PRB provides fair and impartial review of Senior Executive Service performance appraisals and makes recommendations regarding performance ratings and performance scores to the Director, MDA.
U.S. Nuclear Command and Control System Comprehensive Review Advisory Committee
Under the provisions of the Federal Advisory Committee Act of 1972 (5 U.S.C., Appendix, as amended), the Government in the Sunshine Act of 1976 (5 U.S.C. paragraph 552b, as amended), and 41 CFR 102- 3.150, the Department of Defense announces the following Federal Advisory Committee of the U.S. Nuclear Command and Control System Comprehensive Review Advisory Committee.
Renewal of Department of Defense Federal Advisory Committees
Under the provisions of the Federal Advisory Committee Act of 1972, (5 U.S.C. Appendix, as amended), the Government in the Sunshine Act of 1976 (5 U.S.C. 552b, as amended), and 41 CFR 102-3.65, the Department of Defense gives notice that it is renewing the charter for the Board on Coastal Engineering Research (hereafter referred to as the Board). The Board is a non-discretionary Federal advisory committee established by the Secretary of Defense to provide the Department of Defense, the Coastal Engineering Research Center, the Chief of Engineers, and the U.S. Army Corps of Engineers independent advice and recommendations on reports of investigations made concerning shore erosion on coastal and lake waters, and the protection of such shores. The Board, in accomplishing its mission: (a) Recommended the priorities and allocation of funds for coastal projects and research and development (R&D); (b) created major programs in areas such as education/training, environment, and technology transfer; (c) developed the Regional Sediment Management Program, the Shore Protection Project Performance Program and the National Shoreline Erosion Control Development and Demonstration Program; and (d) led the international effort to create an open source, physics-based numerical model of regional storm characteristics and impacts. The Board shall be composed of not more than 7 members, who are distinguished authorities in the field of coastal engineering. Board members appointed by the Secretary of Defense, who are not Federal officers or employees, shall be appointed as experts and consultants under the authority of 5 U.S.C. 3109 and with the exception of travel and per-diem for official travel. The Secretary of the Army, pursuant to 33 U.S.C 462-2, may compensate Board Members who are not full-time Federal officers or employees for each day of attendance at Board Meetings, not to exceed thirty days per year. Board Members shall be appointed on an annual basis and serve two-year terms on the Board. The Secretary of the Army or designee shall select the Board President. The Board 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, the Government in the Sunshine 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.
Renewal of Department of Defense Federal Advisory Committees
Under the provisions of the Federal Advisory Committee Act of 1972, (5 U.S.C. Appendix, as amended), the Government in the Sunshine Act of 1976 (5 U.S.C. 552b, as amended), and 41 CFR 102-3.65, the Department of Defense gives notice that it is renewing the charter for the Board of Visitors of the U.S. Air Force Academy (hereafter referred to as the Board). The Board is a non-discretionary federal advisory committee established by the Secretary of Defense to provide the Department of the Air Force, Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives independent advice and recommendations on all matters relating to the U.S. Air Force Academy, to include but not limited to morale, discipline, and social climate, the curriculum, instruction, physical equipment, fiscal affairs, academic methods and other matters relating to the Academy that the Board decides to consider. The Board, in accomplishing its mission: (a) Provided sound leadership and unwavering loyalty, and dedication to the Academy's mission; (b) provided insightful perspectives which were instrumental in establishing a renewed spirit and cultural change; (c) improved the quality and character of incoming cadets, by developing a Character and Leadership Capacity Assessment; and (d) provided advice, views, and recommendations on USAFA mission, faculty enhancement, physical and financial improvements to the USAFA facility, curriculum enhancements, increased cultural diversity among the staff and cadet population, more effective utilization of the Congressional Nomination Process, enhancement of USAFA's Strategic Vision, and increased Cadet empowerment in cadet related activities/ issues. Pursuant to 10 U.S.C. 9355(a) and (b)(2), the Board members shall be composed of 15 members: (1) Six persons designated by the President, at least two of whom shall be graduates of the Academy; (2) The chairperson of the Committee on Armed Services of the House of Representatives, or his designee; (3) Four persons designated by the Speaker of the House of Representatives, three of whom shall be members of the House of Representatives and the fourth of whom may not be a member of the House of Representatives; (4) The chairperson of the Committee on Armed Services of the Senate, or his designee; and (5) Three other members of the Senate designated by the Vice President or the President pro tempore of the Senate, two of whom are members of the Committee on Appropriations of the Senate. Board members appointed by the Secretary of Defense, who are not federal officers or employees, shall serve as Special Government employees and shall be appointed as experts and consultants under the authority of 5 U.S.C. 3109 and with the exception of travel and per diem for official travel, shall serve without compensation, unless otherwise authorized by the Secretary of Defense. Board Members designated by the President shall serve for three years except that any Member whose term of office has expired shall continue to serve until a successor is appointed. In addition, the President shall designate persons each year to succeed the Members whose terms expire that year. Each of the additional nine board members serves a minimum term of one year, and may continue to serve until a successor is appointed. The board Members shall select the Board chairperson and Vice Chairperson from the total membership. The Chairperson and Vice Chairperson shall serve for a period of one year commencing with the beginning of the following calendar year and until their re-election or the election of their successors. If a member of the Board dies or resigns or is terminated as a member of the Board, a successor shall be designated for the unexpired portion of the term by the official who designated the member. If a member of the Board fails to attend two successive Board meetings, except in a case in which an absence is approved in advance for good cause by the Board chairperson, such failure shall be grounds for termination from membership on the Board. Termination of membership on the Board pursuant to 10 U.S.C. 9355(c)(2), shall in the case of a member of the Board who is not a member of Congress, may be made by the Board chairperson; and in the case of a member of the Board who is a member of Congress, may be made only by the official who designated the member. When a member of the Board is subject to termination from membership on the Board under this absenteeism provision, the Board chairperson shall notify the official who designated the member. Upon receipt of such a notification with respect to a member of the Board who is a member of Congress, the official who designated the member shall take such action as that official considers appropriate. The Board 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, the Government in the Sunshine 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; U.S. Immigration and Customs Enforcement Bond Management Information System (BMIS) System of Records
In accordance with the Privacy Act of 1974 and as part of the Department of Homeland Security's ongoing effort to review and update legacy system of record notices, U.S. Immigration and Customs Enforcement (ICE) proposes to republish a legacy record system titled Justice/INS.008, Bond Management Information System (63 FR 70159, Dec. 18, 1998) as an ICE system of records titled Bond Management Information System. Categories of individuals, categories of records, and the routine uses of this legacy system of records notice has been consolidated and updated to better reflect the agency's immigration bond administration and financial management records. This system will be included in the Department of Homeland Security's inventory of record systems. ICE is not claiming any Privacy Act exemptions for this system of records.
Privacy Act of 1974; Abolish Obsolete System of Records
A review of this Privacy Act System of Records has concluded that this system is no longer in effect and obsolete. This system is being abolished from the Forest Service System of Records in accordance with the Privacy Act of 1974 (5 U.S.C. 552a), as amended.
Pricing and Multilateral Affairs Division; Agency Information Collection Activities; Request for Comments; [Renewed Approval of] Information Collection: Exemption From Passenger Tariff-filing Requirements in Certain Instances, and Mandatory Electronic Filing of Residual Passenger Tariffs
In accordance with the Paperwork Reduction Act of 1995, Public Law 104-13, this notice announces the Department of Transportation (DOT), Office of the Secretary's (OST) intention to request clearance and renewal of a previously approved information collection. This Information Collection Request (ICR) describes the nature of the information collection and its expected burden. The purpose of this notice is to allow the public to submit comments on our application to renew ICR 2106-0009, 14 CFR Part 221Constructing, Publications, Filing and Posting of Tariffs of Air Carriers and Foreign Air Carriers. The pre-existing information collection request previously approved by OMB expires on September 30, 2008.
Privacy Act of 1974; Abolish Obsolete System of Records
A review of this Privacy Act System of Records has concluded that this system is no longer in effect and obsolete. This system is being abolished from the Forest Service System of Records in accordance with the Privacy Act of 1974 (5 U.S.C. 552a), as amended.
National Task Force To Develop Model Contingency Plans To Deal With Lengthy Airline On-Board Ground Delays
This notice announces a meeting of the National Task Force to Develop Model Contingency Plans to Deal with Lengthy Airline On-Board Ground Delays.
Notice of Request for Extension of a Previously Approved Collection
In compliance with the Paperwork Reduction Act of 1995, Public Law 104-13, this notice announces the Department of Transportation's (DOT) intention to request extension of a previously approved information collection.
Office of the Assistant Secretary for Planning and Evaluation; State Long-Term Care Partnership Program: State Reciprocity Standard
Under section 6021 of Public Law 109-171, the Deficit Reduction Act of 2005 (DRA), States may provide asset disregards (and related estate recovery offsets) for Medicaid applicants who receive benefits under qualified long term care insurance policies (Partnership policies) that were purchased in the same State. This notice sets forth standards for states that choose to enter into a reciprocity agreement under section 6021(b) of the DRA, under which they agree to provide the same disregards and offsets for qualified Partnership policies that a Medicaid applicant purchased in another State that participates in the reciprocity agreement.
Privacy Act; Implementation
In accordance with the requirements of the Privacy Act of 1974, as amended, the Department of the Treasury gives notice of an amendment to its Privacy Act regulations by revising the title of one Privacy Act system of records and by removing five other Privacy Act systems of records. These systems of records are related to the functions of the Alcohol and Tobacco Tax and Trade Bureau (TTB).
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