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

This proposed rule implements Section 713 of the Duncan Hunter National Defense Authorization Act (NDAA) for Fiscal Year 2009 (FY 2009), Public Law 110-417. Section 713 states the Secretary shall establish a smoking cessation program under the TRICARE program. The smoking cessation program under TRICARE shall, at a minimum, include the following: the availability, at no cost to the beneficiary, of pharmaceuticals used for smoking cessation, with the limitation on the availability of such pharmaceuticals to the mail-order pharmacy program under the TRICARE program; smoking cessation counseling; access to a toll-free quit line 24 hours a day, 7 days a week; and access to print and Internet web-based tobacco cessation material. Per the statute, Medicare-eligible beneficiaries are excluded from the TRICARE smoking cessation program.

The Office of the Secretary of Defense is exempting those records contained in DMDC 14 DoD, entitled ``Defense Clearance and Investigations Index (DCII)'', pertaining to investigatory material compiled for law enforcement purposes to enable OSD components to conduct certain investigations and relay law enforcement information without compromise of the information, protect investigative techniques and efforts employed, and identities of confidential sources who might not otherwise come forward and who furnished information under an express promise that the sources' identity would be held in confidence. The exemption will allow DoD to provide protection against notification of investigatory material including certain reciprocal investigations and counterintelligence information, which might alert a subject to the fact that an investigation of that individual is taking place, and the disclosure of which would weaken the on-going investigation, reveal investigatory techniques, and place confidential informants in jeopardy who furnished information under an express promise that the sources' identity would be held in confidence. Further, requiring OSD to grant access to records and agency rules for access and amendment of records would unfairly impede the investigation of allegations of unlawful activities. To require OSD to confirm or deny the existence of a record pertaining to a requesting individual may in itself provide an answer to that individual relating to an on-going investigation. The investigation of possible unlawful activities would be jeopardized by agency rules requiring verification of record, disclosure of the record to the subject, and record amendment procedures. This direct final rule makes nonsubstantive changes to the Office of the Secretary Privacy Program rules. These changes will allow the Department to add an exemption rule to the Office of the Secretary of Defense Privacy Program rules that will exempt applicable Department records and/or material from certain portions of the Privacy Act. This change will allow the Department to move part of the Department's personnel security program records from the Defense Security Service Privacy Program to the Office of the Secretary of Defense Privacy Program. This will improve the efficiency and effectiveness of DoD's program by preserving the exempt status of the applicable records and/ or material when the purposes underlying the exemption(s) are valid and necessary. 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.

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 on Tuesday, October 4, 2011, at 10 a.m. at 1400 Key Boulevard, Level A, Room A101, Rosslyn, Virginia 22209. Under the provisions of section 10(d) of Public Law 92-463, the Department of Defense has determined that the meetings meet the criteria to close meetings to the public because the matters to be considered are related to internal rules and practices of the Department of Defense and the detailed wage data to be considered were obtained from officials of private establishments with a guarantee that the data will be held in confidence. However, members of the public who may wish to do so are invited to submit material in writing to the chairman concerning matters believed to be deserving of the Committee's attention. Additional information concerning the meetings may be obtained by writing to the Chairman, Department of Defense Wage Committee, 4000 Defense Pentagon, Washington, DC 20301-4000.

The Department of Transportation (DOT) invites public comments about our intention to request the Office of Management and Budget (OMB) approval to renew an information collection. We are required to publish this notice in the Federal Register by the Paperwork Reduction Act of 1995, Public Law 104-13.

The Department of Defense is publishing this final rule to allow coverage for otherwise covered services and supplies required in the treatment of complications (unfortunate sequelae) resulting from a noncovered incident of treatment provided in a Military Treatment Facility (MTF), when the initial noncovered service has been authorized by the MTF Commander and the MTF is unable to provide the necessary treatment of the complications. This final rule is necessary to protect TRICARE beneficiaries from incurring financial hardships due to the current regulatory restrictions that prohibit TRICARE coverage of treatment of the complications resulting from noncovered procedures, even when those procedures were conducted in a Department of Defense facility.

This final rule executes the expansion of section 1078a of title 10, United States Code (U.S.C). With the recent expansions of Military Health System (MHS) coverage, particularly with the Reserve Component (RC) members, some MHS beneficiaries would not be eligible to purchase Continued Health Care Benefit Program (CHCBP) coverage under certain circumstances that terminate their MHS coverage. This provision allows the Secretary to establish CHCBP eligibility for any category of MHS beneficiaries who otherwise would lose MHS coverage with no continued care eligibility. Although the proposed rule listed each authorized category of MHS beneficiary eligible to receive care, on further examination this format for the rule appeared cumbersome and perhaps confusing. Thus this final rule contains some organizational changes to simplify the rule to enhance understanding and make clear that any category including future categories of beneficiaries are entitled to purchase this CHCBP coverage. This final rule also includes administrative changes providing clarification on eligibility notifications and the CHCBP premium rate publication process. It updates the previous final rule published in the Federal Register on September 30, 1994.

The Office of the Secretary of Defense is exempting those records contained in DMDC 13, entitled ``Investigative Records Repository'', when investigatory material is compiled solely for the purpose of determining suitability, eligibility, or qualifications for Federal civilian employment, military service, Federal contracts, or access to classified information, but only to the extent that such material would reveal the identity of a confidential source. This direct final rule makes nonsubstantive changes to the Office of the Secretary Privacy Program rules. These changes will allow the Department to add an exemption rule to the Office of the Secretary of Defense Privacy Program rules that will exempt applicable Department records and/or material from certain portions of the Privacy Act. This change will allow the Department to move part of the Department's personnel security program records from the Defense Security Service Privacy Program to the Office of the Secretary of Defense Privacy Program. This will improve the efficiency and effectiveness of DoD's program by preserving the exempt status of the applicable records and/ or material when the purposes underlying the exemption(s) are valid and necessary. 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.

The Department of Transportation is proposing to amend its existing airline smoking rule to explicitly ban the use of electronic cigarettes on all aircraft in scheduled passenger interstate, intrastate and foreign air transportation. The Department is taking this action because of the increased promotion of electronic cigarettes and the potential health and passenger comfort concerns that they pose in an aircraft. The Department is also considering whether to extend the ban on smoking (including electronic cigarettes) to charter flights of air carriers (i.e. U.S. carriers) and foreign air carriers with aircraft that have a designed seating capacity of 19 or more passenger seats.

This proposed rule would amend the Clinical Laboratory Improvement Amendments of 1988 (CLIA) regulations to specify that, upon a patient's request, the laboratory may provide access to completed test reports that, using the laboratory's authentication process, can be identified as belonging to that patient. Subject to conforming amendments, the proposed rule would retain the existing provisions that provide for release of test reports to authorized persons and, if applicable, the individuals (or their personal representative) responsible for using the test reports and, in the case of reference laboratories, the laboratory that initially requested the test. In addition, this proposed rule would also amend the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule to provide individuals the right to receive their test reports directly from laboratories by removing the exceptions for CLIA-certified laboratories and CLIA-exempt laboratories from the provision that provides individuals with the right of access to their protected health information.

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 DoD, the matching agency. The DoD, as the matching agency under the Privacy Act is hereby giving notice to the record subjects of a computer matching program between the Social Security Administration (SSA) and DoD Defense Manpower Data Center (DMDC) that their records are being matched by computer. The purpose of this agreement is to verify applicants for, and recipients of Supplement Security Income (SSI) payments and Special Veterans Benefits (SVB) with respect of determination of eligibility and calculating payment amounts.

On August 3, 2011 (76 FR 46756), the Department of Defense Military Family Readiness Council announced a meeting to be held September 19, 2011, from 2 p.m. to 4 p.m. at the Pentagon in Conference Center B6. Pursuant to Section 10(a), Public Law 92-463, as amended, notice is hereby given of a meeting cancellation of the Department of Defense Military Family Readiness Council (MFRC). The purpose of the Council meeting is to review the military family programs which will be the focus for the Council for next year, review the status of warrior care, and address selected concerns of military family organizations. The September 19, 2011 meeting is cancelled due to non-conformance of the members to hold a quorum.

Under provisions of the Paperwork Reduction Act of 1995 and 5 CFR Part 1320, Reporting and Recordkeeping Requirements, the Office of Youth in the Great Outdoors invites public comments on an intended request for clearance of information collection.

This notice describes a one-time DoD program, administered by OEA, to distribute $250 million made available by Congress to construct, renovate, repair, or expand elementary and secondary public schools on military installations in order to address capacity or facility condition deficiencies at such schools.

The U.S. Department of Labor (USDOL), Bureau of International Labor Affairs (ILAB), intends to award a sole source award to DAI/Nathan Group LLC (DAI) for the purpose of implementing a program to strengthen compliance with international labor standards in Vietnam, focusing specifically on improving labor administration, freedom of association, collective bargaining and dispute resolution. Total Estimated Value of the Grant/Agreement Action: $1,500,000. Anticipated Length of Agreement: Two (2) years (9/30/2011 to 9/30/ 2013). Grant Authority: Department of Labor Manual Series (DLMS)-2, Chapter 830(g)(3): The Recipient, DAI, has unique qualifications to perform the type of activity to be funded.. DAI, through its Industrial Relations Promotion Project (IRRP), is the only organization that has the recognized authority and capacity to fulfill the intent of the IRRP Phase II in Vietnam. DAI/IRRP has worked closely with the Government of Vietnam and worker and employer organizations. Given the complexity of building working relationships and trust with Vietnamese counterparts, DAI has made great strides on that front and, as a result, is uniquely positioned to be an effective implementing partner, particularly in building labor inspectorate capacity. DAI/IRRP is the only organization that can continue these efforts without interruption in support of the implementation of Vietnam's new legislation and consistent with USG trade and Labor Dialogue-related efforts. The Project will continue to work in coordination with other USAID funded DAI projects in Vietnam. DAI's Support for Trade Acceleration Project (STAR Plus) supports the Government of Vietnam's efforts to implement trade and investment reform to attract investment and promote private sector growth and has worked with the Ministry of Justice on law and judicial reform. DAI's Vietnam Competitiveness Initiative Phase II Project (VNCI) works with STAR Plus and the Government of Vietnam to improve government administration, reduce the regulatory burden on the private sector, and generate new employment. In Phase I, IRRP has engaged in a number of activities that directly support Phase II objectives. The US embassy provided a letter in support of continued funding of DAI/IRRP based, on part, on the importance of the objectives and DAI/IRRP unique qualifications to achieve them. Recipient Involvement: DAI will: Strengthen the effectiveness of Vietnam's labor administration, with a focus on the labor inspection system, its management, regulations, data collection, training, research and related areas. Promote collective bargaining and the prevention and resolution of collective disputes and sound industrial relations by developing approaches in cooperation with trade unions/worker organizations, employers and MOLISA. Help develop dispute resolution systems in new legislation for interest-based and rights-based disputes. Strengthen capacity in worker organizations to organize and effectively represent workers in the private sector. Key Dates: This notice will remain open for approximately three days from posting in the Federal Register. The Cooperative Agreement is projected for award on or before September 30, 2011. Submission Information: This funding announcement is not a request for applications. This announcement is only to provide public notice of The U.S. Department of Labor (USDOL), Bureau of International Labor Affairs intention to fund the following project activities without full and open competition.

Pursuant to Section 10 (a), Public Law 92-463, as amended, notice is hereby given of a forthcoming meeting of the Defense Advisory Committee on Women in the Services (DACOWITS). The purpose of the meeting is for the Committee to receive a follow-up briefing from the Sexual Assault Prevention and Response Office and the Services on the Committee's requests for information concerning sexual assault and sexual harassment. Additionally, the Committee will develop and approve recommendations for the 2011 report. The meeting is open to the public, subject to the availability of space. Interested persons may submit a written statement for consideration by the Defense Advisory Committee on Women in the Services. Individuals submitting a written statement must submit their statement to the Point of Contact listed below at the address detailed below no later than 5 p.m., Tuesday, September 20, 2011. If a written statement is not received by Tuesday, September 20, 2011, prior to the meeting, which is the subject of this notice, then it may not be provided to or considered by the Defense Advisory Committee on Women in the Services until its next open meeting. The Designated Federal Officer will review all timely submissions with the Defense Advisory Committee on Women in the Services Chairperson and ensure they are provided to the members of the Defense Advisory Committee on Women in the Services. If members of the public are interested in making an oral statement, a written statement should be submitted as above. After reviewing the written comments, the Chairperson and the Designated Federal Officer will determine who of the requesting persons will be able to make an oral presentation of their issue during an open portion of this meeting or at a future meeting. Determination of who will be making an oral presentation is at the sole discretion of the Committee Chair and the Designated Federal Officer and will depend on time available and if the topics are relevant to the Committee's activities. Two minutes will be allotted to persons desiring to make an oral presentation. Oral presentations by members of the public will be permitted only on Thursday, September 22, 2011 from 4:15 p.m. to 5 p.m. in front of the full Committee. Number of oral presentations to be made will depend on the number of requests received from members of the public.

In accordance with the Privacy Act of 1974, the Department of Homeland Security is providing an update notice relating to the Department of Homeland Security system of records titled, ``Department of Homeland Security National Protection and Programs Directorate001 National Infrastructure Coordinating Center Records System of Records.'' The Department will not claim Privacy Act exemption (k)(3) as originally published in the SORN and Notice of Proposed Rulemaking (NPRM) in the Federal Register, 75 FR 69603, on November 15, 2010. This system of records will allow the Department of Homeland Security National Protection and Programs Directorate National Infrastructure Coordinating Center, an extension of the National Operations Center, to collect, plan, coordinate, report, analyze, and fuse infrastructure information related to all-threats and all-hazards, law enforcement activities, intelligence activities, man-made disasters and acts of terrorism, natural disasters, and other information collected or received from Federal, state, local, Tribal, and territorial agencies and organizations; foreign governments and international organizations; domestic security and emergency management officials; and private sector entities or individuals into the National Infrastructure Coordinating Center.

DOT proposes to add a system of records relating to suspicious activity reporting to the list of DOT Privacy Act Systems of Records that are exempt from one or more provisions of the Privacy Act. Public comment is invited.