Office of the Secretary February 2011 – Federal Register Recent Federal Regulation Documents

This document amends the delegations of authority within the Department of Agriculture (USDA) to reflect the establishment of the Office of the Chief Scientist within the Research, Education, and Economics (REE) mission area of USDA, and to identify the authorities of the Under Secretary for REE (Chief Scientist of the Department) and the Director of the Office of the Chief Scientist with respect to scientific integrity within USDA and the coordination of agricultural research, education, and extension programs and activities.

The Department of Labor (DOL) is submitting the Office of Workers' Compensation Programs (OWCP) sponsored information collection request (ICR) titled, ``Request for Information on Earnings, Dual Benefits, Dependents, and Third Party Settlements,'' to the Office of Management and Budget (OMB) for review and approval for continued use in accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. chapter 35).

The Department of Labor (DOL) is submitting the Bureau of Labor Statistics (BLS) sponsored information collection request (ICR) titled, ``Census of Fatal Occupational Injuries,'' to the Office of Management and Budget (OMB) for review and approval for continued use in accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. chapter 35).

The Department of Labor (DOL) is submitting the Wage and Hour Division (WHD) sponsored information collection request (ICR) titled, ``Disclosures to Workers under the Migrant and Seasonal Agricultural Worker Protection Act,'' to the Office of Management and Budget (OMB) for review and approval for continued use, as revised, in accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. chapter 35).

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 CFR 102-3.150, the Department of Defense announces the following Federal advisory committee meeting:

FMCSA proposes to establish the system of records called ``Medical Exemption Program'' in compliance with the terms of the Privacy Act of 1974 (5 U.S.C. 552a). FMCSA has established the Medical Exemption Program to support the paper-based Federal Vision Exemption Program (FVEP), the paper-based Federal Diabetes Exemption Program (FDEP), and the web-based Med-Ex application managed by the FMCSA Office of Medical Programs. Medical Exemption Program is maintained by MANILA Consulting Group, Inc. (MANILA), an FMCSA contractor. The mission of the FMCSA Office of Medical Programs is to improve the safety of U.S. roadways by disseminating and implementing the medical regulations, guidelines, and policies that ensure commercial motor vehicle (CMV) drivers engaged in interstate commerce are physically qualified to do so. Only authorized DOT personnel with a specific ``need to know'' can access CMV driver exemption information in Medical Exemption Program. A request from any other individual or entity (e.g., a law firm) for CMV driver exemption information in Medical Exemption Program is treated as a Freedom of Information Act (FOIA) request by FMCSA and processed accordingly. FMCSA performs routine audits of the Medical Exemption Program to ensure that privacy and security objectives are met. More detailed information concerning the Medical Exemption Program system of records is located within this document. A System of Records Notice (SORN) for the Medical Exemption Program will be published in the Federal Register and posted on the DOT Web site. The Privacy Impact Assessment (PIA) for the Medical Exemption Program will be located on the DOT Web site (https://www.dot.gov/pia.html).

On February 4, 2011, the Department of Commerce published a Request for Information (FRI) seeking input on a range of policy matters that can affect our innovativeness and competitiveness but particularly the Administration's Innovation Strategy (see https:// www.Commerce.gov/competes for a link to the report). Due to an inadvertent error, that RFI contained an incorrect e-mail address where the public may submit comments and an incorrect phone number for the public contact. This notice provides the correct e-mail address and contact phone number. The public may submit e-mail comments to competitiveness@doc.gov and may contact Sabrina L. Montes at 202-482- 6495 for any questions on the notice.

In accordance with Executive Order 13563, ``Improving Regulation and Regulatory Review,'' the Department of Transportation (Department or DOT) is conducting a review of its existing regulations to evaluate their continued validity and determine whether they are crafted effectively to solve current problems. As part of this review, the Department invites the public to participate in a comment process designed to help the Department ensure that it has a plan for periodically analyzing existing significant rules to determine whether they should be modified, streamlined, expanded, or repealed and identify specific rules that may be outmoded, ineffective, insufficient, or excessively burdensome. The Department also will hold a public meeting to discuss and consider comments from members of the public.

In accordance with the Privacy Act of 1974, the Department of Homeland Security proposes to establish a new Department of Homeland Security system of records titled, ``Department of Homeland Security/ ALL032 Official Passport Application and Maintenance Records System of Records.'' This system of records will allow the Department of Homeland Security to collect and maintain a copy of an official passport application or maintenance record on Department of Homeland Security employees and former employees, including political appointees, civilian, and military personnel (and dependents and family members that accompany military members assigned outside the continental United States) assigned or detailed to the Department, individuals who are formally or informally associated with the Department, including advisory committee members, employees of other agencies and departments in the federal government, and other individuals in the private and public sector who are on official business with the Department, who in their official capacity, are applying for an official passport or updating their official passport records where a copy is maintained by the Department. Passport applications and updated passport records are transmitted to the Department of State for passport issuance. Official passport application and maintenance records maintained by the Department of State are covered by Department of State26 Passport Records, January 9, 2008, found at https://www.state.gov/m/a/ips/c25533.htm. This newly established system will be included in the Department of Homeland Security's inventory of record systems.

In accordance with the Privacy Act of 1974, the Department of Homeland Security proposes to amend a U.S. Immigration and Customs Enforcement system of records titled DHS/ICE-004 Bond Management Information System (Dec. 21, 2009) to expand the categories of records and system purpose, and to modify an existing routine use. An existing category of records has been expanded to include records collected, created, or maintained for income tax purposes. The purpose has been updated to include the withholding of income taxes from payments made to bond obligors. A routine use has been modified to clarify the scope of disclosures made from the system to the U.S. Department of the Treasury.

The Department of Transportation (DOT) invites public comments on a request to the Office of Management and Budget (OMB) to approve the revision and amendment of a previously approved Information Collection Request (OMB Control 2105-0563) in accordance with the requirements of the Paperwork Reduction Act of 1995 (Pub. L. 104- 13, 44 U.S.C. 3501 et seq.). The previous approval granted the Department of Transportation authority to collect information involving National Infrastructure Investments or ``TIGER II'' Discretionary Grants pursuant to Title I of the Transportation, Housing and Urban Development, and Related Agencies Appropriations Act for 2010 (the ``FY 201 Appropriations Act''). The Office of the Secretary of Transportation (``OST'') is referring to these grants as ``TIGER II Discretionary Grants.'' The original collection of information was necessary in order to receive applications for grant funds pursuant to the Transportation, Housing and Urban Development, and Related Agencies Appropriations Act of 2010 (``FY 2010 Appropriations Act''), Title IDepartment of Transportation, Office of the Secretary, National Infrastructure Investments, Public Law 111-117, 123 Stat. 3034. The purpose of the TIGER II Discretionary Grants program is to advance projects that will have a significant impact on the Nation, Metropolitan area or a region. This revision revises the original request to include an additional information collection. The additional information to be collected will be used to, and is necessary to, evaluate the effectiveness of projects that have been awarded grant funds and to monitor project financial conditions and project progress in support of the Supplemental Discretionary Grants for Capital Investments in Surface Transportation Infrastructure, referred to by the Department as ``Grants for Transportation Investment Generating Economic Recovery'', or ``TIGER'' Discretionary Grants program authorized and implemented pursuant to the American Recovery and Reinvestment Act of 2009 (the ``Recovery Act'') (OMB Control Number: 2105-0560) and the grants for National Infrastructure Investments under the FY 2010 Appropriations Act or TIGER II'' Discretionary Grants. The purposes of the TIGER and TIGER II Discretionary Grant programs include promoting economic recovery and supporting projects that have a significant impact on the Nation, a metropolitan area, or a region.

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.

The Defense Logistics Agency (DLA) executes the DoD Procurement Technical Assistance Program (PTAP) by awarding cost sharing cooperative agreements to assist eligible entities in establishing or maintaining procurement technical assistance centers (PTACs) pursuant to Chapter 142 of title 10, United States Code. Eligible entities include states, local governments, private nonprofit organizations, tribal organizations and economic enterprises. In order to maintain continuity of the program, DLA will be issuing a Solicitation for Cooperative Agreement Applications (SCAA) for tribal organizations and economic enterprises, as defined by 10 U.S.C. 2411(1)(D) (a separate SCAA was previously issued for other eligible entities; see 75 FR 24663). This SCAA will be a follow-on to SCAA issued on April 7, 2008 and to the SCAA issued on May 5, 2009. When issued, the SCAA will govern the submission of applications to be considered for base year cost sharing cooperative agreement awards in Fiscal Year 2011. The SCAA will also allow for two option period awards in Fiscal Years 2012 and 2013. A proposed version of this SCAA, which contains a number of changes from previous solicitations, will be posted for comment on or about February 15, 2011 at https://www.dla.mil/db/ptap.asp (select ``Information for PTAP funding recipients'' at the bottom of the page). Printed copies are not available for distribution. Written comments regarding this proposed SCAA may be submitted via mail to Headquarters, Defense Logistics Agency, Office of Small Business Programs (Attn: Grants Officer), 8725 John J. Kingman Road, Suite 1127, Fort Belvoir, VA 22060-6221 or via e-mail to PTAP@dla.mil. All comments must be received by March 22, 2011 for them to receive consideration. It is anticipated that the final SCAA will be posted on the DLA Web site by April 4, 2011. A notice will be posted at Grants.gov announcing the SCAA along with details on how to submit applications.

This final rule adds a definition of Bariatric Surgery, amends the definition of Morbid Obesity, and revises the language relating to the treatment of morbid obesity to allow benefit consideration for newer bariatric surgical procedures that are considered appropriate medical care. The final rule removes language that specifically limits the types of surgical procedures to treat co-morbid conditions associated with morbid obesity and retains the TRICARE Program exclusion of non-surgical interventions related to morbid obesity, obesity and/or weight reduction. This final rule is necessary to allow coverage for other surgical procedures that reduce or resolve co-morbid conditions associated with morbid obesity and the use of the Body Mass Index (BMI), which is the more accurate measure for excess weight to estimate relative risk of disease. As new technologies or procedures evolve from investigational into generally accepted norms for medical practice, the statutes and regulations governing the TRICARE Program allow the Department to offer beneficiaries these new benefits. These changes are required in order to allow the Department to provide these newer technologies and procedures for the treatment of morbid obesity as they evolve.

The Defense Information Systems Agency is deleting three systems of records notices in its existing inventory of record systems subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended.

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 meeting is open to the public, subject to the availability of space.

Section 342(b) of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 1995, Public Law (Pub. L.) 103-337 (10 U.S.C. 2358 note), as amended by section 1109 of NDAA for FY 2000, Public Law 106-65, and section 1114 of NDAA for FY 2001, Public Law 106-398, authorizes the Secretary of Defense to conduct personnel demonstration projects at DoD laboratories designated as Science and Technology Reinvention Laboratories (STRLs). The above-cited legislation authorizes DoD to conduct demonstration projects to determine whether a specified change in personnel management policies or procedures would result in improved Federal personnel management. Section 1105 of the NDAA for FY 2010, Public Law 111-84, 123 Stat. 2486, October 28, 2009, designates additional DoD laboratories as STRLs for the purpose of designing and implementing personnel management demonstration projects for conversion of employees from the personnel system which applied on October 28, 2009. The NAWCAD and the NAWCWD are listed in subsection 1105(a) of NDAA for FY 2010 as two of the newly designated STRLs. These two STRLs will be the participants in the demonstration project proposal described in this Federal Register Notice (FRN).

The Office of the Secretary of Defense proposes to alter a system of records in its inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended.

This interim final rule implements the latest statutory changes to the Indian Land Consolidation Act, as amended by the 2004 American Indian Probate Reform Act and later amendments (ILCA/AIPRA). These changes primarily affect the probate of permanent improvements owned by a decedent that are attached to trust or restricted property owned by the decedent. These changes also affect the purchase of small fractional interests at probate by restricting who may purchase without consent and what interests may be purchased without consent.

The Office of the National Coordinator for Health Information Technology has reorganized one of its functions in order to more effectively meet the mission outlined by The Health Information Technology for Economic and Clinical Health (HITECH) Act, part of the American Recovery and Reinvestment Act of 2009 (ARRA). The reorganization affects two of the Director-level offices: The Office of the Chief Scientist and the Office of Economic Analysis and Modeling.

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), the Defense Threat Reduction Agency (DTRA), and the Department of Veterans Affairs (VA) announce the following advisory board meeting of the Veterans' Advisory Board on Dose Reconstruction (VBDR).