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

The Department of Labor (DOL) is submitting the Employee Benefits Security Administration (EBSA) sponsored information collection request (ICR) titled, ``Consent To Receive Employee Benefit Plan Disclosures Electronically,'' to the Office of Management and Budget (OMB) for review and approval for continued use in accordance with the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501 et seq.).

The Department of Labor (DOL) is submitting the revised Office of Workers' Compensation Programs sponsored information collection request (ICR) titled, ``Claim Adjudication Process for Alleged Presence of Pneumoconiosis,'' to the Office of Management and Budget (OMB) for review and approval for use in accordance with the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501 et seq.).

In accordance with the Privacy Act of 1974, the Department of Homeland Security proposes to update and reissue a current Department of Homeland Security system of records titled, ``Department of Homeland Security/Federal Emergency Management Agency001 National Emergency Family Registry and Locator System of Records.'' This system of records allows the Department of Homeland Security/Federal Emergency Management Agency to collect and maintain records on adults displaced from their homes or pre-disaster location after a Presidentially-declared emergency or disaster. This system of records has been updated to include Law Enforcement Officials in categories of records, individuals, routine uses, and record source categories. This updated system will be included in the Department of Homeland Security's inventory of record systems.

In this final rule, the Department of Labor (Department or DOL) issues final regulations to implement Executive Order 13495, Nondisplacement of Qualified Workers Under Service Contracts. The Executive Order establishes a general policy of the Federal Government concerning service contracts and solicitations for service contracts for performance of the same or similar services at the same location. This policy mandates the inclusion of a contract clause requiring the successor contractor and its subcontractors to offer those employees employed under the predecessor contract, whose employment will be otherwise terminated as a result of the award of the successor contract, a right of first refusal of employment under the successor contract in positions for which they are qualified.

The Department of Labor (DOL) is submitting the proposed Wage and Hour Division (WHD) sponsored information collection request (ICR) titled, ``Family and Medical Leave Act Employer and Employee Surveys, 2011,'' to the Office of Management and Budget (OMB) for review and approval for use in accordance with the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501 et seq.).

In compliance with Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Office of the Assistant Secretary of Defense for Health Affairs announces the proposed extension of a 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.

Pursuant to the provisions of section 10 of Public Law 92-463, the Federal Advisory Committee Act, notice is hereby given that a closed meeting of the Department of Defense Wage Committee will be held.

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 that the following Federal advisory committee meeting of the Advisory Council on Dependents' Education will take place.

Pursuant to the provisions of the Privacy Act of 1974, as amended, the Department of the Interior is issuing a public notice of its intent to create the Office of the Secretary ``Debarment and Suspension Program'' system of records. The system contains information including, but not limited to, names and addresses of business entities, organizations and individuals covered by the system of records, evidence and information obtained in support of Action Referral Memoranda and Case Closure Memoranda, action determinations, administrative agreements, and monitoring reviews of debarment or suspension administrative agreements. This newly established system will be included in the Department of the Interior's inventory of record systems.

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

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

The National Defense University (NDU), 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 each year in proceedings that are open to the public.

Subsection (e)(12) of the Privacy Act of 1974, as amended, (5 U.S.C. 552a) requires agencies to publish advance notice of any proposed or revised computer matching program by the matching agency for public comment; however, this notification will be completed by the DoD, the recipient agency. The DoD, as the recipient agency under the Privacy Act is hereby giving notice to the record subjects of a computer matching program between the Office of Personnel Management (OPM), the source agency and Defense Manpower Data Center (DMDC) that their records are being matched by computer. The purpose of this agreement is for disclosure of Federal Employees Health Benefits (FEHB) Program and Federal employment information to DMDC. This disclosure by OPM will provide the DoD with the FEHB eligibility and Federal employment information necessary to determine continuing eligibility for the TRICARE Reserve Select (TRS) and TRICARE Retired Reserve (TRR) programs.

The Department of Defense, Under Secretary of Defense (Personnel and Readiness), Federal Voting Assistance Program, revised the SF 76, Federal Post Card Application (FPCA), SF 76A, Federal Post Card Application (Electronic), SF 186, Federal Write-in Absentee Ballot (FWAB), and SF 186A, Federal Write-in Absentee Ballot (Electronic), to meet Federal laws and technology, including but not limited to, the use of electronic transmission for transmitting the form. The form will be stocked by GSA, Federal Acquisition Service, Inventory Management Branch (QSDLBAB), 819 Taylor Street, Fort Worth, TX 76102-0000 and available November 1, 2011.

In accordance with OMB Memoranda M10-06, ``Open Government Directive,'' the U.S. Department of Transportation (Department or DOT) is evaluating the feasibility and value of a new cloud-based platform to connect citizens, businesses, state and local governments, industry, entrepreneurs, researchers, and investors like never beforecreating a thriving marketplace for digital transportation solutions. The Digital Transportation Exchange (DTE) will be a public exchange where citizens, businesses, state and local governments, industry, entrepreneurs, researchers, and investors will converge to find the best way to develop, fund and market the best digital products and services for the transportation industryfrom very simple to very complex. Recognizing that transportation solutions are often adopted locally, this site will provide a single location for all of these local solutions to be showcased nationally, encouraging reuse, investment and improvement. DOT is seeking partners to develop, build and maintain this portal. As part of this evaluation, the Department invites the public to participate in a comment process designed to help the Department develop a feasible and high value concept for this portal and the partnership model designed to sustain it. The Department also will hold a stakeholder meeting to discuss and consider comments. Comments and suggestions from these two forums may be incorporated into a follow on procurement that will be released in 2011 to solicit partners.

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.

The Defense Intelligence Agency (DIA) is adding a new exemption rule for LDIA 0900, entitled ``Accounts Receivable, Indebtedness and Claims'' to exempt those records that have been previously claimed for the records in another Privacy Act system of records. To the extent that copies of exempt records from those other systems of records are entered into these case records, DIA hereby claims the same exemptions for the records as claimed in the original primary system of records of which they are a part. This direct final rule makes nonsubstantive changes to the Defense Intelligence Agency Program rules. These changes will allow the Department to exempt records from certain portions of the Privacy Act. This will improve the efficiency and effectiveness of DoD's program by preserving the exempt status of the records when the purposes underlying the exemption for the original records are still valid and necessary to protect the contents of the records. This rule is being published as a direct final rule as the Department of Defense does not expect to receive any adverse comments, and so a proposed rule is unnecessary.

This Rule establishes policy, assigns responsibilities and provides procedures for the regulation of the selection, accountability, training, equipping, and conduct of personnel performing private security functions under a covered contract during contingency operations, combat operations or other significant military operations. It also assigns responsibilities and establishes procedures for incident reporting, use of and accountability for equipment, rules for the use of force, and a process for administrative action or the removal, as appropriate, of PSCs and PSC personnel. For the Department of Defense, this Rule supplements DoD Instruction 3020.41, ``Contractor Personnel Authorized to Accompany the U.S. Armed Forces,'' which provides guidance for all DoD contractors operating in contingency operations. This Rule was published as an Interim Final Rule on July 17, 2009 because there was insufficient policy and guidance regulating the actions of DoD and other governmental PSCs and their movements in operational areas. This Rule ensures compliance with laws and regulations pertaining to Inherently Governmental functions, and ensures proper performance by armed contractors.

The Defense Information Systems Agency is deleting two 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.

This notice provides the updated Continued Health Care Benefit Program premiums for Fiscal Year 2012. CHCBP is a premium-based health care program that offers transitional health coverage after TRICARE eligibility ends. CHCBP benefits are comparable to TRICARE Standard with similar benefits, providers, and program rules.

In accordance with the Privacy Act of 1974, the Department of Homeland Security proposes to update and reissue an existing Department of Homeland Security system of records titled, ``Department of Homeland Security/United States Coast Guard020 Substance Abuse Prevention and Treatment Program System of Records.'' This system of records notice allows the Department of Homeland Security/United States Coast Guard to collect and maintain the United States Coast Guard's Substance Abuse Prevention and Treatment Program records. As a result of a biennial review of this system, categories of individuals, categories of records, and the purpose of the system have been updated. This updated system will replace the previously published system of records 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 update and reissue an existing Department of Homeland Security system of records titled, ``Department of Homeland Security/United States Coast Guard-027 Recruiting Files System of Records.'' This system of records allows the Department of Homeland Security/United States Coast Guard to collect and maintain records regarding its enlistee recruiting program. As a result of the required biennial review of this system, category of records and retention and disposal have been updated and one routine use has been added to allow for sharing with Department of Defense. This updated system will replace the existing system of records.

The Department of Labor (DOL) is submitting the Occupational Safety and Health Administration (OSHA) sponsored information collection request (ICR) titled, ``Powered Industrial Trucks Standard,'' to the Office of Management and Budget (OMB) for review and approval for continued use in accordance with the Paperwork Reduction Act (PRA) of 1995 (Pub. L. 104-13, 44 U.S.C. chapter 35).

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