Office of the Secretary 2008 – Federal Register Recent Federal Regulation Documents
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Privacy Act of 1974; System of Records
In accordance with the Privacy Act of 1974, the Department of Homeland Security is giving notice that it will remove ten systems of records notices from its inventory of record systems because the Federal Emergency Management Agency no longer requires these systems. These ten obsolete systems are: FEMA/PER-2 Equal Employment Opportunity Complaints of Discrimination Files, FEMA/PER-3 Payroll and Leave Accounting, FEMA/FIA-1 Federal Crime Insurance Program, FEMA/REG-1 State and Local Civil Preparedness Instruction Program, FEMA/SLPS-1 Application for Enrollment in Architectural Engineering Professional Development Program, FEMA/SLPS-2 Military Reserve Program, FEMA/SLPS-3 Radioactive Material Inventory, FEMA/SLPS-4 Maintenance and Calibration, FEMA/SLPS-5 Radiation Exposure and Radioactive materials; Radiation Committee Records, and FEMA/CGC-1 Cerro Grande Fire Assistance Claim Files.
Privacy Act of 1974; System of Records
In accordance with the Privacy Act of 1974, the Department of Homeland Security is giving notice that it will remove one system of records notice from its inventory of record systems because the Federal Law Enforcement Training Center no longer requires the system. The obsolete system is Treasury/FLETC.004 FLETC Administrative Records.
Data Privacy and Integrity Advisory Committee
The Data Privacy and Integrity Advisory Committee will meet on December 3, 2008, in Arlington, VA. This meeting will be open to the public.
Request for OMB Clearance of an Information Collection
In compliance with the Paperwork Reduction Act of 1995, (44 U.S.C. 3501 et seq.), the U.S. Department of Transportation invites the general public, industry and other governmental parties to comment on the information collection request (ICR) OMB No. 2105-0009, Advisory Committee Candidate Biographical Information Request Form. The current information collection request approved by the Office of Management and Budget (OMB) expires on March 31, 2009.
DoDEA FY 2009 Grant Competition Announcement
The Department of Defense Education Activity (DoDEA) is announcing the Promoting Student Achievement at Schools Impacted by Military Force Structure Changes grant competition and requesting letters of intent and concept papers. Approximately $30 million is expected to be awarded, depending on availability of funding. The period of performance is expected to be 39 months (01 Jul 2009-30 Sept 2012). Awards will be based on military student enrollment and will range in size from $300,000 to $2,000,000, depending on the number of military students at the target schools. The Department's aim is to enhance the education of military students, but funds may be used to raise student achievement for all students at the target school(s). Projects will enhance student learning opportunities, student achievement, and educator professional development at military- connected schools that are experiencing significant military growth between 2007 and 2009 due to force structure changes based on the Report to Congress (March 2008). The Department has a priority of awarding grants to schools with low student achievement. This solicitation is open only to school districts serving 22 military installations, as shown in the list of eligible school districts below. Concept papers are expected to be reviewed in March, 2009; full proposals, in June, 2009. Awards are expected to be made on or about July 1, 2009. The Department will take into account geographic distribution and Military Service representation when making grant awards.
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 review and edit the second draft of the 2008 Report, review findings, and vote on recommendations. The meeting is open to the public, subject to the availability of space.
Privacy Act of 1974; Customs and Border Protection Advanced Passenger Information System 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 expanding its system of records for collecting certain biographical information on all passengers and crew members who arrive in or depart from, or transit through (and crew that over fly) the United States on a covered air or vessel carrier, and, in the case of crew members, those who continue domestically on a foreign air or vessel carrier, to additionally encompass private aircraft, rail, and bus travel. The system of records is the Advance Passenger Information System.
Agency Information Collection Request; Activity Under OMB Review; (14 CFR Part 221-Exemption from Passenger Tariff-filing Requirements in Certain Instances and Mandatory Electronic Filing of Residual Passenger Tariffs)
In compliance with the Paperwork Reduction Act of 1995, Public Law 104-13, (44 U.S.C. 3501 et seq.) this notice announces that the Information Collection Request, abstracted below, is being forwarded to the Office of Management and Budget for notice and request for comments of currently approved (Exemption from Passenger Tariff-Filing Requirements in Certain Instances, and Mandatory Electronic Filing of Residual Passenger Tariffs). A Federal Register Notice with a 60-day comment period was published on September 9, 2008, Volume 73, Number 175, Pages 52445-52447. The agency did not receive any comments to its previous notice.
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 will take place.
Privacy Act of 1974; Retirement of System of Records
In accordance with the Privacy Act of 1974, the Department of Homeland Security is giving notice that it proposes to retire the following Privacy Act system of records notice, Treasury/CS.064 (October 18, 2001), from its inventory of record systems and rely upon the Government-wide system of records notice issued by the General Services Administration, GSA/GOVT-6 GSA SmartPay Purchase Charge Card Program (November 3, 2006), which is written to cover all Federal government purchase charge card record systems.
Privacy Act of 1974; Department of Homeland Security Internal Affairs 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 records notices, the Department of Homeland Security proposes to consolidate two legacy record systems titled, Treasury/ CS.127 Internal Affairs Records System, and Justice/INS.002 INS Office of Internal Audit Investigations Index and Records into one Department of Homeland Security-wide system of records notice titled Internal Affairs. This system will allow the Department of Homeland Security to collect and maintain records on applicants, past and present employees, contractors, and contractor applicants relating to investigations conducted by Department of Homeland Security Headquarters or its components with the exception of investigations conducted by the Office of the Inspector General, which are covered by DHS/OIG-002 Investigations Data Management System. Categories of individuals, categories of records, and the routine uses of these legacy system of records notices have been consolidated and updated to better reflect the Department's internal affairs record systems. Additionally, DHS is issuing a Notice of Proposed Rulemaking (NPRM) concurrent with this SORN elsewhere in the Federal Register. The exemptions for the legacy system of records notices will continue to be applicable until the final rule for this SORN has been completed. This consolidated system will be included in the Department of Homeland Security's inventory of record systems.
Establishment of Department of Defense Federal Advisory Committees
Under the provisions of section 581 of Public Law 110-181, 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 is establishing the Department of Defense Military Family Readiness Council (hereafter referred to as the Council). The Council is a non-discretionary federal advisory committee established under the authority of section 581 of Public Law 110-181 and 41 CFR 102-3.50(a) to: (a) Review and make recommendations to the Secretary of Defense regarding the policy and plans required under 10 U.S.C. 1781b; (b) monitor requirements for the support of military family readiness by the Department of Defense; and (c) evaluate and assess the effectiveness of the military family readiness programs and activities of the Department of Defense. The Department of Defense Military Family Readiness Council is required by statute to submit an annual report to the Secretary of Defense and the congressional oversight committees on military family readiness. This report must be submitted no later than February 1st of each year. The Department of Defense Military Family Readiness Council shall be composed of a chairperson and no more than eleven additional members. Pursuant to federal statute, the membership shall be: 1. The Under Secretary of Defense for Personnel and Readiness, who shall serve as the chair of the Council; 2. One representative of each Military Service; 3. Three individuals appoint by the Secretary of Defense from among representatives of military family organizations; and 4. The senior enlisted advisors of each Military Service. With regard to the representatives from each Military Service, the Secretary of Defense has appointed the deputies of each Military Service to serve on the Council; their appointment will be based upon their ex-officio position in the Department of Defense. As for the representatives of the military family organizations, these individuals will be appointed as experts and consultants under the authority of 5 U.S.C. 3109, and they will serve as special government employees. With the exception of travel and per diem for official travel, the special government employees shall serve without compensation. The Department of Defense intends to authorize the Department of Defense Military Family Readiness Council to establish and use subcommittees, and the Council, to include any subcommittees, will operate under the provisions of the Federal Advisory Committee Act of 1972, the Sunshine in the Government Act of 1976 (5 U.S.C. 552b, as amended), and 41 CFR, Parts 102-3 through 102-3.185. Such subcommittees or workgroups shall not work independently of the chartered Council, and shall report all their recommendations and advice to the Council for full deliberation and discussion. Subcommittees or workgroups have no authority to make decisions on behalf of the chartered Council nor can they report directly to the Department of Defense or any federal officers or employees who are not Council Members.
Agency Information Collection; Request for Comments; Clearance and Renewal of a Previously Approved Collection; Disclosure of Change-of-Gauge Services
In compliance with the Paperwork Reduction Act of 1995, Public Law 104-13, (44 U.S.C. 3501 et seq.) this notice announces that the Information Collection Request, abstracted below, is being forwarded to the Office of Management and Budget for renewal and comment. The ICR describes the nature of the information collection and its expected cost burden. The Federal Register Notice with a 60-day comment period soliciting comments on the following collection of information was published on September 9, 2008 [FR Vol. 73, pages 5154751548]. No comments were received.
Indian Trust Management Reform
This final rule amends several Bureau of Indian Affairs (BIA) and Office of the Secretary regulations related to Indian trust management in the areas of probate, probate hearings and appeals, tribal probate codes, and life estates and future interests in Indian land. This rule allows the Secretary to further fulfill his fiduciary responsibilities to federally recognized tribes and individual Indians and to meet the Indian trust management policies articulated by Congress in the Indian Land Consolidation Act (ILCA), as amended by the American Indian Probate Reform Act of 2004 (AIPRA).
Privacy Act of 1974; System of Records
The Defense Logistics Agency is proposing 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; Systems of Records
The Defense Finance and Accounting Service (DFAS) is proposing to add 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 Defense Logistics Agency 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; Systems of Records
The Defense Finance and Accounting Service (DFAS) is proposing to add a new 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 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.
Meeting of the Defense Policy Board Advisory Committee
The Defense Policy Board Advisory Committee will meet in closed session on December 1, 2008 from 0800 hrs until 1730 hrs and on December 2, 2008 from 0800 hrs until 1130 hrs at the Pentagon. The purpose of the meeting is to provide the Secretary of Defense, Deputy Secretary of Defense and Under Secretary of Defense for Policy with independent, informed advice on major matters of defense policy. The Board will hold classified discussions on national security matters. In accordance with Section 10(d) of the Federal Advisory Committee Act, Public Law No. 92-463, as amended [5 U.S.C. App II (1982)], it has been determined that this meeting concerns matters listed in 5 U.S.C. 552B(c)(1)(1982), and that accordingly this meeting will be closed to the public.
TRICARE, Formerly Known as the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS); Fiscal Year (FY) 2009 Mental Health Rate Updates
This notice provides the updated regional per diem rates for low volume mental health providers; the update factor for hospital- specific per diems; the updated cap per diem for high-volume providers; the beneficiary per diem cost share amount for low-volume providers; and, the updated per diem rates for both full-day and half-day TRICARE Partial Hospitalization Programs for FY 2009.
Privacy Act of 1974; System of Records
The Office of the Secretary of Defense is altering 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 is proposing to alter 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 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.
Defense Health Board (DHB) Meeting
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 CFR102-3.150, and in accordance with section 10(a)(2) of Public Law, the following meeting of the Defense Health Board is announced:
Privacy Act of 1974; Department of Homeland Security Correspondence Records System of Records
In accordance with the Privacy Act of 1974, the Department of Homeland Security is giving notice that it proposes to consolidate two legacy record systems: Treasury/CS.056 Congressional and Public Correspondence File, October 18, 2001, FEMA/ADM-1 Office Files, September 7, 1990, into a new record system, titled Department of Homeland Security Correspondence Records. The Department of Homeland Security also proposes to partially consolidate Treasury/USSS.008 Public Affairs Record System, August 28, 2001, into this new record system. This system will allow the Department of Homeland Security to collect and maintain incoming information and responses to inquiries, comments, or complaints made to the Department. Categories of individuals, categories of records, and the routine uses of these system of records notices have been consolidated and updated to better reflect the Department's correspondence record systems. This consolidated system will be included in the Department of Homeland Security's inventory of record systems.
Privacy Act of 1974; Department of Homeland Security Biographies and Awards 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, the Department of Homeland Security proposes to consolidate four legacy record systems: Treasury/CS.032 Biographical Files (Headquarters), October 18, 2001, FEMA/EX-1 Biographies, September 7, 1990, FEMA/EX-2 President's and Director's Award Nominees, September 7, 1990, and DOT/CG 671 Biographical Statement, April 11, 2000, into one Department-wide system of records. The Department of Homeland Security also proposes to partially consolidate Treasury/USSS.008 Public Affairs Record System, August 28, 2001, into this new record system. This system will allow the Department of Homeland Security to collect and maintain the biographical information of Department of Homeland Security employees and other individuals, as well as Departmental award recipients who are not employed by the Department of Homeland Security. Departmental award recipients who are Department of Homeland Security employees are covered under OPM/GOVT-2 Performance File System Records. Categories of individuals, categories of records, and the routine uses of these legacy system of records notices have been consolidated and updated to better reflect the Department's biographies record systems. This consolidated system, titled Biographies and Awards, will be included in the Department's inventory of record systems.
Notice of Request for Extension and Revision of a Currently Approved Information Collection
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35, as amended), this notice announces the White House Liaison's intention to request approval from the Office of Management and Budget for an extension and revision of a currently approved information collection for Advisory Committee and Research and Promotion Board Membership Background Information (AD-755).
Privacy Act of 1974: System of Records
DOT proposes to add a system of records under the Privacy Act of 1974. The system is DOT's implementation of the Department of Interior's (DOI's) Federal Personnel and Payroll System (FPPS). The system of records consists of human resources (HR) and payroll data moved from DOT's legacy HR and payroll systems to FPPS as well as new data added to FPPS. This system would not duplicate any other DOT system of records.
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: Jusan Yang, M.S., M.D., University of Iowa: Based on the report of an investigation conducted by the University of Iowa (UI) and additional analysis conducted by the Office of Research Integrity (ORI) in its oversight review, this settlement resolves proposed U.S. Public Health Service (PHS) findings that Dr. Jusan Yang, former Assistant Research Scientist, UI, engaged in scientific misconduct in research supported by National Heart, Lung, and Blood Institute (NHLBI), National Institutes of Health (NIH), grant R01 HL48058. PHS finds the Respondent engaged in scientific misconduct by falsifying and fabricating data that were reported in a scientific manuscript intended for publication entitled ``Increased renin transcription after inhibition of NF-YA with RNAi reveals through regulation of Ea element and Ear2'' and at two professional scientific meetings. Specifically, PHS found that: 1. Respondent falsified Figure 1 in the manuscript that purports to show the effectiveness of four plasmids targeting different parts of the NF-Y coding sequence in inhibiting NF-Y expression by (1) Claiming in Figure 1A that the loading control bands were obtained by reprobing a Western blot with antibody to GAPDH when he used a prominent background (nonspecific) band from the blot probed with antibody to NF- YA, (2) inappropriately enhancing and manipulating the NF-YA band in Figure 1A claiming decreased expression of NF-YA in cultures transfected with 2 of the 4 constructs, and (3) falsely claiming in Figure 1B that the quantitative data for NF-YA expression obtained by scanning Western blot films were based on an n of 4 and that the expression of NF-YA in cultures treated with two constructs was statistically significantly lower than the control. Versions of the same falsified blot and histogram also were reported in several of the Respondent's public presentations. 2. Respondent falsified Figures 4, 5, 6, and 8 in the manuscript by claiming in the figure legends that 4 independent repetitions contributed to each figure's results when the actual numbers of repetitions were n=3 for Figure 4, n=1 for Figure 5, n=3 for Figure 6, and n=2 for Figure 8; in Figure 5, error bars based on the Student's t test further falsely claim that n was >2. He further falsified Figures 6 and 8 by reporting smaller standard errors of the mean than were obtained from the actual data, thereby giving an enhanced impression of rigor for the reported experiments. Respondent reported Figures 5, 6, and 8 (without legends) at the American Heart Association Council for High Blood Pressure meeting in September 2003, and he reported Figures 5 and 8 at the Experimental Biology meeting in April 2004. Respondent stated that he does not intend to apply for or engage in PHS-supported research. However, if such a circumstance were to arise, Respondent agreed for a period of five (5) years, beginning on October 14, 2008: (1) That any institution that submits an application for PHS support for a research project on which the Respondent's participation is proposed or which 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 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 agreed to ensure that a copy of the supervisory plan is also submitted to ORI by the institution; Respondent agreed that he will not participate in any PHS- supported research until such a supervision plan is approved by ORI; (2) That any institution employing the Respondent submits, in conjunction with each application for PHS funds or report, manuscript, or abstract of PHS funded research in which he 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, and methodology are accurately reported in the application or report; the Respondent must ensure that the institution also sends a copy of the certification to ORI; and (3) 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.
Performance Review Board appointments
This notice provides the names of individuals who have been appointed to serve as members of the 2008 Department of the Interior Performance Review Board.
Proposed Collection of Information; Comment Request
The Department of Labor, Office of the Secretary published a notice in the Federal Register. Proposed Collection of Information; Comment Request. The Department is issuing a correction of the comment date as this should have been published as a 60 day notice.
Natural Resource Damages for Hazardous Substances
The Department of the Interior is correcting a final rule that appeared in the Federal Register on October 2, 2008 (73 FR 57259). The document issued a final rule that will regulate restoring, replacing, or acquiring the equivalent of public natural resources that are injured or destroyed as a result of releases of hazardous substances
Invasive Species Advisory Committee
Pursuant to the provisions of the Federal Advisory Committee Act, notice is hereby given of meetings of the Invasive Species Advisory Committee. The purpose of the Advisory Committee is to provide advice to the National Invasive Species Council, as authorized by Executive Order 13112, on a broad array of issues related to preventing the introduction of invasive species and providing for their control and minimizing the economic, ecological, and human health impacts that invasive species cause. The Council is co-chaired by the Secretary of the Interior, the Secretary of Agriculture, and the Secretary of Commerce. The duty of the Council is to provide national leadership regarding invasive species issues. The purpose of a meeting on November 18-19, 2008 is to convene the full Advisory Committee and to discuss implementation of action items outlined in the 2008-2012 National Invasive Species Management Plan, which was finalized on August 1, 2008.
Defense Transportation Regulation, Part IV
The Department of Defense has published Phase II Interim Final Business Rules for the Families First Personal Property Program in the Defense Transportation Regulation (DTR) Part IV (DTR 4500.9-R). These Phase II Business Rules were made available for public comment under a Federal Register Notice that published on April 1, 2008 (73 FR 17327). All comments have been reviewed and disposition is located on the USTRANSCOM Web site at https://www.transcom.mil/j5/pt/dtr_part_iv.cfm.
Membership of the Performance Review Board
This notice announces the appointment of the members of the Performance Review Board (PRB) of the Defense Finance and Accounting Service (DFAS). The publication of PRB membership is required by 5 U.S.C. 4314(C)(4). The Performance Review Board (PRB) provides fair and impartial review of Senior Executive Service performance appraisals and makes recommendations regarding performance ratings and performance scores to the Director, DFAS.
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 will take place.
TRICARE; Civilian Health and Medical Program of the Uniformed Services (CHAMPUS); Fiscal Year 2009 Diagnosis Related Group (DRG) Updates
This notice describes the changes made to the TRICARE DRG- Based Payment System in order to conform to changes made to the Medicare Prospective Payment System (PPS). It also provides the updated fixed loss cost outlier threshold, cost-to-charge ratios, and the Internet address for accessing the updated adjusted standardized amount and DRG relative weights to be used for Fiscal Year (FY) 2009 under the TRICARE DRG-Based Payment System.
Privacy Act of 1974: Implementation of Exemptions; U.S. Immigration and Customs Enforcement Trade Transparency Analysis and Research (TTAR) System of Records
The Department of Homeland Security (DHS) is giving concurrent notice of a new system of records pursuant to the Privacy Act of 1974 for the U.S. Immigration and Customs Enforcement Trade Transparency Analysis and Research (TTAR) system and this proposed rulemaking. In this proposed rulemaking, the Department proposes to exempt portions of the system of records from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.
Privacy Act of 1974; Department of Homeland Security Drug Free Workplace System of Records
In accordance with the Privacy Act of 1974 the Department of Homeland Security is issuing a system of records notice for the Department's Drug Free Workplace Records. This record system will allow the Department of Homeland Security to collect maintain information gathered by and in the possession of Department of Homeland Security Drug Free Workplace Program Officials, used in the course of their duties in verifying positive test results for illegal use of controlled substance, and possession, distribution, or trafficking of controlled substances. This new system will be included in the Department's inventory of record systems.
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