Office of the Secretary 2008 – Federal Register Recent Federal Regulation Documents
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Reestablishment of the Lake Champlain Sea Lamprey Control Alternatives Workgroup
The Secretary of the Interior (Secretary), after consultation with the General Services Administration, has reestablished the Lake Champlain Sea Lamprey Control Alternatives Workgroup (Workgroup) for 2 years. The Workgroup provides an opportunity for stakeholders to give policy and technical input on efforts to develop and implement sea lamprey control techniques alternative to lampricides in Lake Champlain.
Notification of Upcoming Meeting of the Defense Advisory Board for Employer Support of the Guard and Reserve (DAB-ESGR)
This notice announces a meeting of the Defense Advisory Board for Employer Support of the Guard and Reserve. This meeting will focus on the status of recruitment efforts for the Board and recommendations made at prior meetings. This meeting is open to the public.
Defense Science Board
The Defense Science Board Task Force on Nuclear Weapons Surety will meet in closed session.
Privacy Act of 1974; As Amended; Addition of a New System of Records.
In accordance with the Privacy Act of 1974 (5 U.S.C. 552a), the Office of Historical Trust Accounting of the Department of the Interior is issuing public notice of its intent to add a new Privacy Act system of records: Interior, OS-11, ``Accounting Reconciliation Tool (ART).''
Application of Priester Aviation, LLC for Certificate Authority
The Department of Transportation is directing all interested persons to show cause why it should not issue an order finding Priester Aviation, LLC, fit, willing, and able, and awarding it certificates of public convenience and necessity to engage in interstate and foreign charter air transportation of persons, property and mail.
Notice of the Specialty Crop Committee's Stakeholder Listening Sessions
In accordance with the Federal Advisory Committee Act, 5 U.S.C. App 2, the United States Department of Agriculture announces three stakeholder listening sessions of the Specialty Crop Committee, under the auspices of the National Agricultural Research, Extension, Education, and Economics Advisory Board.
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.
Privacy Act of 1974, As Amended; Establishment of a New System of Records
In accordance with the Privacy Act of 1974, as amended (5 U.S.C. 552a), the Department of the Interior is issuing public notice of its intent to add a new Privacy Act system of records notice to its inventory: Interior, DOI-89, ``Grants and Cooperative Agreements: FBMS.'' This new notice covers records previously covered in Privacy Act system of records notice Interior, DOI-90, ``Federal Financial System.''
Privacy Act of 1974; Amendment of Existing System of Records
In accordance with the Privacy Act of 1974 (5 U.S.C. 552a), the Office of the Secretary of the Department of the Interior is issuing public notice of its intent to amend an existing Privacy Act system of records notice, Interior, OS-86, ``Accounts Receivable.'' The changes will update the name of the system, system location, categories of individuals covered by the system, categories of records in the system, routine use of records, storage and safeguard requirements, retrievability of records, and system managers(s) and addresses.
Privacy Act of 1974; Amendment of Existing System of Records
In accordance with the Privacy Act of 1974 (5 U.S.C. 552a), the Office of the Secretary of the Department of the Interior is issuing public notice of its intent to amend an existing Privacy Act system of records notice, Interior, OS-88, ``Travel Management Records.'' The changes will update the name of the system, system location, categories of individuals covered by the system, categories of records in the system, routine use of records, storage and safeguard requirements, retrievability of records, and system managers(s) and addresses.
Privacy Act of 1974; Amendment of Existing System of Records
In accordance with the Privacy Act of 1974 (5 U.S.C. 552a), the Office of the Secretary of the Department of the Interior is issuing public notice of its intent to amend an existing Privacy Act system of records notice, Interior, DOI-90, ``Federal Financial System.'' The changes will update the name of the system, system location, categories of individuals covered by the system, categories of records in the system, routine uses of records, storage and safeguard requirements, retrievability of records, and system manager(s) and address(es).
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.
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.
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.
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.
Privacy Act of 1974; U.S. Customs and Border Protection-Non-Federal Entity Data System, Systems of Records
In accordance with the Privacy Act of 1974, U.S. Customs and Border Protection, Department of Homeland Security proposes to add the following system of records to its inventory of records systems, the Non-Federal Entity Data System. Certain States, Native American Tribes, Canadian Provinces and Territories, and other non-Federal Governmental Authorities may make available travel documents, such as Enhanced Driver's Licenses (EDLs), that may be deemed by the Secretary of DHS as denoting identity and citizenship for purposes of the Western Hemisphere Travel Initiative (WHTI), upon implementation, as mandated by the Intelligence Reform and Terrorism Prevention Act of 2004, Pub. L. 108-458, 118 Stat. 3638 (2004). It is anticipated that all such documents will utilize facilitative technology such as Radio Frequency Identification (RFID), and contain a Machine Readable Zone (MRZ) using Optical Character Recognition (OCR) technology. In certain instances, other non-federal and foreign government authorities may provide to CBP biographical information and photographs that have been voluntarily submitted to the issuing entity by individuals choosing to apply for such travel documents, with the understanding that this information will be provided to DHS and CBP. DHS will use this information to facilitate the validation of travel documents when an individual crosses the border.
Privacy Act of 1974; U.S. Customs and Border Protection-Border Crossing Information, Systems of Records
Pursuant to the Privacy Act of 1974, the Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP) gives notice that it is establishing a distinct System of Records, Border Crossing Information (BCI). BCI will receive and maintain border crossing information on travelers who are admitted or paroled into the United States, this information includes: Certain biographical information; a photograph; certain itinerary information provided by air and sea carriers and any other forms of passenger transportation, including rail, which is or may subsequently be mandated, or is or may be provided on a voluntary basis; and the time and location of the border crossing. Previously, maintenance of this border crossing information was covered by the Treasury Enforcement Communications System (TECS) ``system of records notice.'' See 66 FR 52984, dated October 18, 2001. As part of DHS's ongoing effort to increase transparency regarding the collection of information at the Department, as well as its efforts to specifically review the personally identifiable information maintained on the TECS information technology platform, DHS and CBP have identified different data sets that call for individual notice so as to provide appropriate routine uses, retention, and exemptions to the Privacy Act. This system of records notice does not identify or create any new collection of information, rather, the Department is providing additional notice and transparency with respect to the handling of an existing collection of information, by separately noticing its collection as a distinct system of records.
Privacy Act of 1974: Implementation of Exemptions; Border Crossing Information
The Department of Homeland Security is proposing to amend its regulations to exempt portions of a system of records from certain provisions of the Privacy Act. Specifically, the Department proposes to exempt portions of the Border Crossing Information from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements. This document is a republication of the Treasury Department exemption regulation (title 31, Code of Federal Regulations, part 1) which previously covered the Border Crossing Information as part of the Treasury Enforcement Communications System (TECS) System of Records Notice.
Civilian Health and Medical Program of the Uniformed Services (CHAMPUS)/TRICARE: Inclusion of TRICARE Retail Pharmacy Program in Federal Procurement of Pharmaceuticals
Section 703 of the National Defense Authorization Act for Fiscal Year 2008 (NDAA-08) states with respect to any prescription filled on or after the date of enactment of the NDAA, the TRICARE retail pharmacy program (TRRx) shall be treated as an element of the DoD for purposes of procurement of drugs by Federal agencies under section 8126 of title 38, United States Code (U.S.C.), to the extent necessary to ensure pharmaceuticals paid for by the DoD that are provided by network retail pharmacies under the program to eligible covered beneficiaries are subject to the pricing standards in such section 8126. NDAA-08 was enacted on January 28, 2008. The statute requires implementing regulations. This proposed rule is to implement section 703 of the NDAA 2008.
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 paragraph 102-3.150, the Department of Defense announces the following Federal Advisory Committee meetings of the U.S. Nuclear Command and Control System Comprehensive Review Advisory Committee.
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.
Findings of Scientific 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: Roxana Gonzalez, Carnegie Mellon University: Based on reports submitted by Carnegie Mellon University's (CMU) inquiry and investigation committees, the Respondent's own admission in sworn testimony, and additional analysis conducted by the Office of Research Integrity (ORI) during its oversight review, the U.S. Public Health Service (PHS) found that Roxana Gonzalez, graduate student, Department of Social and Decision Sciences and Psychology, CMU, engaged in scientific misconduct in research supported by National Institute of Mental Health (NIMH), National Institutes of Health (NIH), grants R01 MH56880, R03 MH62376, and R24 MH67346. Specifically, PHS found that Ms. Gonzalez engaged in the following acts of scientific misconduct: 1. Respondent altered the main dependent variable (life events; life expectation) in the electronic file and the manipulation check variables for ease-of-thought generation so that the reported study results are largely unsupported in: (a) Publication: Lerner, J.S., & Gonzalez, R.M. ``Forecasting one's future based on fleeting subjective experiences.'' Personality and Social Psychology Bulletin 31:454-466, 2005; (b) 2005 Manuscript: Lerner, J. S., & Gonzalez, R. M. ``On perceiving the self as triumphant when happy or angry''; (c) Review Article: Lerner J. S., Tiedens, L.Z., & Gonzalez, R. M. ``Portrait of the angry decision maker: How appraisal tendencies shape anger's influence on cognition.'' Journal of Behavioral Decision Making: Special Issue on Emotion and Decision Making. 2. Respondent falsified cortisol values, and possibly cardiovascular measures and optimistic appraisals (as measured by LOT), so that a large portion of the mediation analyses of Table 3 does not reflect the data actually collected and analyzed for the study reported in a publication (Lerner, J.S., Gonzalez, R.M., Dahl, R.E., Hariri, A.R., & Taylor, S.E. ``Facial expressions of emotion reveal neuroendocrine and cardiovascular stress responses.'' Biological Psychiatry 58:743-750, 2005). Respondent further allowed one of her collaborators to report the results from this study at the Annual Meeting of the American Psychological Society held in Los Angeles, California in May 2005, although Respondent's collaborator did not know at the time that the results were tainted by Respondent's acts of research misconduct. 3. Respondent falsified the analyses based on participants' responses to the manipulation check items (including the data for self reported fear) in a study reported in a publication (Fischhoff, B., Gonzalez, R.M., Lerner, J.S., & Small, D.A. ``Evolving judgments of terrorism's risks: Foresight, hindsight, and emotion.'' Journal of Experimental Psychology: Applied 11:124-139, 2005. 4. Respondent falsified the main dependent variable (reservation price, BDM) in the electronic file for 48 of the 175 subjects participating in a study reported in a 2005 manuscript (Lerner, J.S., Gonzalez, R.M., Small, D.A., Lowenstein, G., & Dahl, R.E. ``Emotional influence on economic behavior among adolescents.''). Respondent directed the alteration of the paper files for those subjects in order to match the altered electronic file. One of Respondent's collaborators included a qualitative description of the results of the research that is the subject of this study in an NIH grant application, although Respondent's collaborator did not know at the time that the results were tainted by the Respondent's acts of research misconduct. ORI acknowledges Ms. Gonzalez' extensive cooperation with CMU's research misconduct proceedings. Ms. Gonzalez has entered into a Voluntary Exclusion Agreement (Agreement) in which she has voluntarily agreed, beginning on June 26, 2008: (1) To exclude herself 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 or contractor to PHS, for a period of three (3) years; (2) That for a period of three (3) years, any institution that submits an application for PHS support for a research project on which the Respondent's participation is proposed or that uses the Respondent in any capacity on PHS supported research, or that submits a report of PHS-funded research in which the Respondent is involved, must concurrently submit a plan for supervision of the Respondent's duties to the funding agency for approval; the supervisory plan must be designed to ensure the scientific integrity of the respondent's research contribution; Respondent agrees to ensure that a copy of the supervisory plan is also submitted to ORI by the institution; Respondent agrees that she will not participate in any PHS-supported research until such a supervisory plan is submitted to ORI; (3) for a period of three (3) years to ensure that any institution employing her submits, in conjunction with each application for PHS funds or report, manuscript, or abstract of PHS-funded research in which the Respondent is involved, a certification that the data provided by the Respondent are based on actual experiments or are otherwise legitimately derived, and that the data, procedures, analyses, and methodology are accurately reported in the application, report, manuscript or abstract; the Respondent must ensure that the institution sends a copy of the certification to ORI; and (4) to write ORI-approved letters to (a) collaborators/coauthors of the manuscripts and published papers cited above, stating what she falsified/fabricated and offering restitution; and (b) editors of the journals in which papers were published (even if they have been retracted/corrected) to state that her falsifications/fabrications were the underlying reason for the retraction/correction.
Privacy Act of 1974; System of Records
The Office of the Secretary of Defense proposes to alter a system of records to its inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended.
Defense Advisory Committee on Military Personnel Testing
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 102-3.150, the Department of Defense announces the following Federal Advisory Committee Meeting of the Defense Advisory Committee on Military Personnel Testing.
Defense Task Force on Sexual Assault in the Military Services
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), 41 CFR 102-3.140 and 41 CFR 102- 3.150, announcement is made of the following committee meeting of the Defense Task Force on Sexual Assault in the Military Services (hereafter referred to as the Task Force).
Board of Visitors Meeting
The next meeting of the Defense Acquisition University (DAU) Board of Visitors (BoV) will be held at Defense Acquisition University, Fort Belvoir, VA. The purpose of this meeting is to report back to the BoV on continuing items of interest.
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 Missile Defense Advisory Committee (hereafter referred to as the Committee). The Committee is a discretionary federal advisory committee established by the Secretary of Defense to provide the Department of Defense and the Director, Missile Defense Agency independent advice and recommendations on all matters relating to missile defense, including system development, technology, program maturity and readiness of configurations of the Ballistic Missile Defense System. The Committee, in accomplishing its mission: (a) Conducted an assessment of the MDA's Capabilities-Based Acquisition approach; (b) made recommendations in the areas of Approach, Transition to Production and Sustainment, Block Names, and MDA-Managed Systems; (c) assessed the U.S. ballistic missile defense capabilities against a certain potential level of threat; and (d) set forth recommendation in the areas of Deterrence, Research and Development, and Combatant Commands and Services. The Committee shall be composed of not more than 10 members, who are distinguished authorities in the field of national defense policy, acquisition and technical areas relating to Ballistic Missile Defense System Programs. Committee 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, shall serve without compensation, unless otherwise authorized by the Secretary of Defense. The Secretary of Defense shall renew the appointments of these Special Government Employees on an annual basis. The Committee shall select the Chairperson from the total Committee membership. The 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, the Government in the Sunshine Act of 1976, 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 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 Committee members.
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 Sunshine in Government 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. The need to conduct this meeting was identified less than 15 calendar days prior to the schedule date. As a result, the meeting notice is being published with less than 15 calendar days notice.
Findings of Scientific 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: J. Keith Hampton, St. Luke's Hospital: Based on the report of an investigation conducted by St. Luke's Hospital (SLH) in Chesterfield, MO, and additional analysis conducted by the Office of Research Integrity (ORI) during its oversight review, the U.S. Public Health Service (PHS) found that J. Keith Hampton, MSN, APRN, former Clinical Research Associate, SLH, engaged in scientific misconduct in research supported by National Cancer Institute (NCI), National Institutes of Health (NIH), awards U10 CA69651, U10 CA12027, and U10 CA33601. PHS found that Mr. Hampton engaged in scientific misconduct by falsifying and fabricating data that were reported to the National Surgical Adjuvant Breast & Bowel Project (NSABP) and Cancer and Leukemia Group B (CALGB) cooperative research groups. Specifically, PHS found that: 1. For protocol CALGB 90206, Respondent: (a) Falsified a patient's CT scan reports and registration forms and reported the falsified CT scan reports and registration worksheet to CALGB, (b) Falsified a patient's performance status records (giving 80% performance status) and registration forms and reported the falsified performance status report and registration form to CALGB. 2. For protocol NSABP B-35, Respondent: (a) Falsified eligibility data related to hematology and chemistry assays and to the performance of a pelvic exam on one patient's registration form and reported the falsified registration forms to the National Cancer Institute Cancer Trial Support Unit (CTSU), (b) Falsified pelvic exam eligibility on a second patient's registration form and reported the falsified registration form to the CTSU, (c) Falsified hematology and chemistry assay eligibility on a third patient's registration form and reported the falsified registration form to the CTSU. 3. For protocol NSABP B-36, Respondent falsified a patient's multigated acquisition test (MUGAa test of heart function) records, cardiac function, and registration forms, certified the patient's eligibility, and reported the falsified MUGA test, cardiac function, and registration forms to the CTSU. 4. For protocol NSABP B-38, Respondent falsified hematology, chemistry, and MUGA eligibility for a patient on the registration form and reported the falsified registration form to the CTSU. 5. For protocol NSABP C-08, Respondent: (a) Falsified urine protein/creatinine ratio eligibility for one patient on the registration form and reported the falsified registration form to the CTSU, (b) Falsified urine protein/creatinine ratio eligibility for a second patient on the registration form and reported the falsified registration form to the CTSU, (c) Falsified claims of the urine protein/creatinine ratio and PT(INR) eligibility for a third patient on the registration form and reported the falsified registration form to the CTSU. 6. For protocol NSABP R-04, Respondent falsified a patient's colonoscopy report and eligibility at registration and reported the falsified colonoscopy report and registration form to the CTSU. Mr. Hampton has entered into a Voluntary Exclusion Agreement (Agreement) in which he has voluntarily agreed for a period of three (3) years, beginning on June 17, 2008: (1) To exclude himself from any contracting or subcontracting with any agency of the United States Government and from eligibility or involvement in nonprocurement programs of the United States Government referred to as ``covered transactions'' pursuant to HHS' Implementation (2 CFR part 376 et seq.) of OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (2 CFR part 180); and (2) 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 or contractor to PHS.
Edward R. Madigan United States Agricultural Export Excellence Board of Evaluators: Nominations
Notice is hereby given that nominations are being sought for six (6) qualified persons to serve on the Edward R. Madigan United States Agricultural Export Excellence Board of Evaluators (Board). The role of the Board is to provide the Secretary of Agriculture with advice and recommendations for the selection of recipients of the Edward R. Madigan United States Agricultural Export Excellence Award.
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.
Office of Inspector General; Medicare and State Health Care Programs: Fraud and Abuse; Issuance of Advisory Opinions by the OIG
OIG is adopting in final form, without change, an interim final rule published on March 26, 2008 (73 FR 15937). We received no comments to the interim final rule. The interim final rule revised the process for advisory opinion requestors to submit payments for advisory opinion costs.
Notice of Appointment of Members 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 6 vacancies on the National Agricultural Research, Extension, Education, and Economics Advisory Board.
Published Privacy Impact Assessments on the Web
The Privacy Office of the Department of Homeland Security (DHS) is making available ten (10) Privacy Impact Assessments on various programs and systems in the Department. These assessments were approved and published on the Privacy Office's Web site between October 1, 2007, and December 31, 2007.
Published Privacy Impact Assessments on the Web
The Privacy Office of the Department of Homeland Security (DHS) is making available sixteen (16) Privacy Impact Assessments on various programs and systems in the Department. These assessments were approved and published on the Privacy Office's Web site between January 1 and March 31, 2008.
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