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

The Department of Labor (DOL) is submitting the proposed Employment and Training Administration (ETA) sponsored information collection request (ICR) titled, ``Evaluation of the Aging Worker Initiative Grants,'' to the Office of Management and Budget (OMB) for review and approval for use in accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. chapter 35).

In compliance with Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Headquarters U.S. Marine Corps, Division of Public Affairs, Community Relations Branch announces a proposed new public information collection and seeks public comment on the provisions thereof. Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden of the proposed information collection; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the information collection on respondents, including through the use of automated collection techniques or other forms of information technology.

The Department of Labor (DOL) hereby announces the submission of the Employment and Training Administration (ETA) sponsored information collection request (ICR) titled, ``Petition for Classifying Labor Surplus Areas,'' 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).

Under the provisions of 33 U.S.C. 2251 and the Federal Advisory Committee Act of 1972, (5 U.S.C. Appendix), the Government in the Sunshine Act of 1976 (5 U.S.C. 552b), and 41 CFR 102-3.50(a), the Department of Defense gives notice that it is renewing the charter for the Inland Waterways Users Board (hereafter referred to as the Board). The Board is a non-discretionary federal advisory committee that shall provide the Secretary of Defense through the Secretary of the Army and the Assistant Secretary of the Army for Civil Works, independent advice and recommendations on matters relating to construction and rehabilitation priorities and spending levels on the commercial navigation features and components of the U.S. inland waterways and inland harbors as defined in Public Law 95-502 and amended by Public Law 99-662. The Board shall annually file their recommendations with the Secretary of the Army and with the Congress. The Secretary of the Army may act upon the Board's advice and recommendations. Pursuant to 33 U.S.C. 2251(a), the Board shall be composed of eleven members appointed by the Secretary of Defense. The members shall be selected so as to represent various regions of the country and a spectrum of the primary users and shippers utilizing the inland and intra-coastal waterways for commercial purposes. Due considerations shall be given to assure a balance among the members based on the ton- mile shipment of the various categories of commodities shipped on inland waterways. Board members appointed by the Secretary of Defense, who are not full-time federal officers or employees, shall be appointed as experts and consultants under the authority of 5 U.S.C. 3109, and these individuals shall serve as Special Government Employees. Board members shall, with the exception of travel and per diem for official travel, serve without compensation. Board members shall serve two-year terms, with their appointments renewed on an annual basis by the Secretary of Defense. No member, unless otherwise selected by the Secretary of the Army and approved by the Secretary of Defense, shall serve more than four consecutive years on the Board. Appointments vacated prior to the expiration of the term of appointment shall be filled only for the remainder of the term. The Secretary of the Army shall select the Board's Chairperson and Vice-Chairperson from the total membership, and these individuals shall serve at the discretion of the Secretary of the Army. The Vice Chairperson will act as Chairperson in the absence or incapacity of the Chairperson, or in the event of a vacancy in the office of the Chairperson. The Secretary of the Army shall designate, and the Secretaries of Agriculture, Transportation and Commerce may designate, representatives to act as non-voting observers of the Board. In addition, the Secretary of the Army through the Secretary of Defense may appoint consultants with special expertise to assist the Board on an ad hoc basis. With DoD approval, the Board is authorized to establish subcommittees, as necessary and consistent with its mission and these subcommittees shall operate under the provisions of the Federal Advisory Committee Act of 1972, the Government in the Sunshine Act of 1976 (5 U.S.C. 552b), and other appropriate federal regulations. Such subcommittees 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 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. Subcommittee members, who are not Commission members, shall be appointed in the same manner as the Board members. Such individuals, if not full-time or part-time government employees, shall be appointed to serve as experts and consultants under the authority of 5 U.S.C. 3019, and serve as special government employees, whose appointments must be renewed by the Secretary of Defense on an annual basis.

The Secretary of Agriculture has renewed the charter of the Forestry Research Advisory Council (FRAC), a statutory committee established in accordance with the Agriculture and Food Act of 1981, Section 1441(c). Chartered under the Federal Advisory Committee Act, the Council provides advice to the Secretary of Agriculture on accomplishing efficiently the purposes of the Act of October 10, 1962 (16 U.S.C. 582a, et seq.), commonly known as the McIntire-Stennis Act of 1962. The Council also provides advice relative to the Forest Service research program, authorized by the Forest and Rangeland Renewable Resources Research Act of 1978 (Pub. L. 95-307, 92 Stat.353, as amended; 16 U.S.C. 1600 (note)). FRAC serves as a joint council between the Forest Service and Cooperative State Research, Education, and Extension Service, agencies within USDA.

The Department of the Interior (DOI) is proposing to revise the Department of the Interior Acquisition Regulation (DIAR) in order to make minor corrections to DOI acquisition procedures to be consistent with the Federal Acquisition Regulation (FAR), and to add a new clause covering contract administration roles and responsibilities. Some DIAR coverage is being revised and obsolete material is being removed.

In accordance with the requirements of the Federal Advisory Committee Act, 5 U.S.C. App., 2, the U.S. Department of the Interior, Office of the Secretary, Wildland Fire Executive Council (WFEC) will meet as indicated below.

The Department of the Interior, Office of the Secretary is announcing a public meeting of the Exxon Valdez Oil Spill Public Advisory Committee.

The National Defense University, Designated Federal Officer, has scheduled a meeting of the Board of Visitors. The National Defense University Board of Visitors is a Federal Advisory Board. The Board meets twice a year in proceedings that are open to the public.

Mrs. Katrina McFarland, President, Defense Acquisition University (DAU), will host a forum to discuss implementation of Better Buying Power: Guidance for Obtaining Greater Efficiency and Productivity in Defense Spending, outlined in the Dr. Ashton B. Carter, Undersecretary of Defense, Acquisition, Technology & Logistics, 14 September 2010 memorandum to acquisition professionals. Name of Event: Defense Acquisition University Industry Day: ``Better Buying Power'' Initiatives.

The Defense Logistics Agency is proposing to amend 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.

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.

Under the provisions of the Federal Advisory Committee Act of 1972, (5 U.S.C. Appendix), 41 CFR 102-3.55(a)(1), the Government in the Sunshine Act of 1976 (5 U.S.C. 552b), and the Sunset provisions of Section 506 of Public Law 111-84, effective March 5, 2011 the Department of Defense gives notice that it is terminating the Independent Panel Review of Judge Advocate Requirements of the Department of the Navy.

Pursuant to the Federal Advisory Committee Act (FACA), as amended (5 U.S.C. App. 2), the North American Agreement on Labor Cooperation (NAALC), and the Labor Provisions of U.S. Free Trade Agreements, the Secretary of Labor has determined that the reestablishment of the charter of the National Advisory Committee for Labor Provisions of U.S. Free Trade Agreements is necessary and in the public interest and will provide information that can not be obtained from other sources. The committee shall provide its views to the Secretary of Labor through the Bureau of International Labor Affairs of the U.S. Department of Labor, which is the point of contact for the NAALC and the Labor Provisions of U.S. Free Trade Agreements. The committee is to be comprised of twelve members, four representing the labor community, four representing the business community, and four representing the public. Purpose: In accordance with the provisions of the Federal Advisory Committee Act, Article 17 of the NAALC, Article 17.4 of the United StatesSingapore Free Trade Agreement, Article 18.4 of the United StatesChile Free Trade Agreement, Article 18.4 of the United States Australia Free Trade Agreement, Article 16.4 of the United States Morocco Free Trade Agreement, Article 16.4 of the Central America Dominican RepublicUnited States Free Trade Agreement (CAFTA-DR), Article 15.4 of the United StatesBahrain Free Trade Agreement, Article 16.4 of the United StatesOman Free Trade Agreement, and Article 17.5 of the United StatesPeru Trade Promotion Agreement, the Secretary of Labor has determined that the reestablishment of the charter of the National Advisory Committee for Labor Provisions of U.S. Free Trade Agreements (FTAs) is necessary and in the public interest and will provide information that can not be obtained from other sources. The Bureau of International Labor Affairs serves as the U.S. point of contact under the FTAs listed above. The committee shall provide its advice to the Secretary of Labor through the Bureau of International Labor Affairs of the U.S. Department of Labor concerning the implementation of the NAALC and the labor chapters of U.S. FTAs. The committee may be asked to provide advice on the implementation of labor provisions of other free trade agreements to which the United States may be a party or become a party. The committee should provide advice on issues within the scope of the NAALC and the labor provisions of the free trade agreements, including cooperative activities and the labor cooperation mechanism of each free trade agreement as established in the labor provisions and the corresponding annexes. The committee may be asked to provide advice on these and other matters as they arise in the course of administering the NAALC and the labor provisions of other free trade agreements. The committee shall be comprised of twelve members, four representing the labor community, four representing the business community, and four representing the public. Unless already employees of the United States Government, no members of the Committee shall be deemed to be employees of the United States Government for any purpose by virtue of their participation on the Committee. Members of the Committee will not be compensated for their services or reimbursed for travel expenses.

The Department of Labor (DOL) is soliciting comments concerning the information collections contained in the Vendor Outreach Session Information Management System.

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 notice titled, ``Department of Homeland Security Office of Operations Coordination and Planning002 National Operations Center Tracker and Senior Watch Officer Logs System of Records.'' This system of records consists of a National Operations Center and Senior Watch Officer Tracker Logs. The Senior Watch Officer Tracker Log is a synopsis, in the form of a word document, that records all significant information received and actions taken by the Senior Watch Officer during the shift. The National Operations Center Tracker Log is the underlying cumulative repository of responses to all-threats and all-hazards, man-made disasters and acts of terrorism, and natural disasters, and requests for information that require a National Operations Center tracking number. The National Operations Center tracker numbers are used in a wide variety of products originated by the Department or external sources. They are shared inside and outside of the Department and serve as shorthand for tying data, used in internal and external reports, and agency actions to the event that caused them. The National Operations Center Tracker Log contains a copy of all documents and information that is requested, shared, and/or researched between all National Operations Center Watch Officer Desks. Because of the depth and breadth of information that the NOC receives, categories of individuals and records are broad so as to cover the possibility of this personally identifiable information entering this Privacy Act system of records within the NOC. Some of the records in this system are in part transferred from the Department of Homeland Security/Information Analysis and Infrastructure Protection001 Homeland Security Operations Center Database system of records, April 15, 2005, with the overall intent of narrowing the focus of these records to the specific purpose outlined in this system of records notice. It is the Department's intent, after all records are transferred into this and other system of records, to retire the Department of Homeland Security/Information Analysis and Infrastructure Protection001 Homeland Security Operations Center Database system of records. The Department of Homeland Security has issued a Notice of Proposed Rulemaking consistent with this system of records elsewhere in the Federal Register. This newly established system will be included in the Department of Homeland Security's inventory of record systems.

The Office of Small and Disadvantaged Business Utilization of the Department of the Interior is hosting a Vendor Outreach Workshop for small IT businesses in the National Capitol region of the United States that are interested in doing business with the Department. This outreach workshop will review market contracting opportunities for the attendees. Business owners will be able to share their individual perspectives with Contracting Officers, Program Managers and Small Business Specialists from the Department.

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 TARDEC is listed in subsection 1105(a) of NDAA for FY 2010 as one of the newly designated STRLs.

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

This notice announces the following proposed changes to Rules 9(e) and 41(b) of the Rules of Practice and Procedure, United States Court of Appeals for the Armed Forces.

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 Fiscal Year 2011.

The Defense Policy Board will meet in closed session on March 15, 2011 from 0800 hrs until 1800 hrs and on March 16, 2011 from 0800 hrs until 1030 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 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.

The U.S. Department of Agriculture (USDA) is amending its regulations implementing the Equal Access to Justice Act (EAJA) by raising the maximum hourly attorney fees rate from $125.00 to $150.00 for covered proceedings initiated on and after the effective date of this final rule.