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

Science and Technology Reinvention Laboratory Personnel Management Demonstration Program
Document Number: 2011-28085
Type: Notice
Date: 2011-10-31
Agency: Office of the Secretary, Department of Defense
On December 2, 2008, DoD published Federal Register notice, 73 FR 73248-73252, to record amendments to eight legacy Science and Technology Reinvention Laboratory (STRL) Personnel Management Demonstration (demo) Project Plans resulting from section 1107(c) of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2008 (Pub. L. 110-181; 122 Stat 357; 10 U.S.C. 2358 note). Subsequent to this notice, section 1105(a) of the NDAA for FY 2010 (Pub. L. 111-84; 123 Stat. 2486; 10 United States Code (U.S.C.) 2358 note) was passed to designate seven additional DoD laboratories as STRLs and coupled them with the legacy STRLs enumerated in 9902(c)(2) of title 5, U.S.C., but it did not provide language to extend the coverage of section 1107(c) of NDAA for FY 2008 to all the STRLs listed in section 1105(a) of the NDAA for FY 2010. The Ike Skelton NDAA for FY 2011, subsection 1101(b)(2) contains language to clarify that section 1107(c) of the NDAA for FY 2008 applies to those DoD laboratories designated as STRLs by section 1105(a) of the NDAA for FY 2010. In addition, experience with the processes and procedures described in the Federal Register notice (73 FR 73248-73252) for adopting STRL flexibilities, modifying demo project plans, or executing Federal Register Notices has identified some areas for streamlining and updating. This notice adds reference to the new and clarifying legislation as well as a provision that processes and procedures may be changed with associated modifications issued in DoD internal issuances as appropriate.
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Occupational Safety and Health Onsite Consultation Agreements
Document Number: 2011-28070
Type: Notice
Date: 2011-10-31
Agency: Office of the Secretary, Department of Labor
The Department of Labor (DOL) is submitting the Occupational Safety and Health Administration (OSHA) sponsored information collection request (ICR) titled, ``Occupational Safety and Health Onsite Consultation Agreements,'' 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.).
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Agreement and Undertaking
Document Number: 2011-28062
Type: Notice
Date: 2011-10-31
Agency: Office of the Secretary, Department of Labor
The Department of Labor (DOL) is submitting the Office of Workers' Compensation Programs (OWCP) sponsored information collection request (ICR) titled, ``Agreement and Undertaking,'' as revised, (Form OWCP-1) to the Office of Management and Budget (OMB) for review and approval for use in accordance with the Paperwork Reduction Act (PRA) of 1995.
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Certificate of Medical Necessity
Document Number: 2011-28060
Type: Notice
Date: 2011-10-31
Agency: Office of the Secretary, Department of Labor
The Department of Labor (DOL) is submitting the Office of Workers' Compensation Programs (OWCP) sponsored information collection request (ICR) titled, ``Certificate of Medical Necessity,'' as revised, (Form CM-893) 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.).
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Standard on Slings
Document Number: 2011-27995
Type: Notice
Date: 2011-10-31
Agency: Office of the Secretary, Department of Labor
The Department of Labor (DOL) is submitting the Occupational Safety and Health Administration (OSHA) sponsored information collection request (ICR) titled, ``Standard on Slings,'' as revised, 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.).
Privacy Act of 1974; System of Records
Document Number: 2011-27913
Type: Notice
Date: 2011-10-28
Agency: Office of the Secretary, Department of Defense
The Office of the Secretary of Defense is proposing to amend 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.
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Forging Machines
Document Number: 2011-27904
Type: Notice
Date: 2011-10-28
Agency: Office of the Secretary, Department of Labor
The Department of Labor (DOL) is submitting the Occupational Safety and Health Administration (OSHA) sponsored information collection request (ICR) titled, ``Forging Machines,'' 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.).
Privacy Act of 1974; Department of Homeland Security/United States Secret Service-004 Protection Information System of Records
Document Number: 2011-27883
Type: Notice
Date: 2011-10-28
Agency: Office of the Secretary, Department of Homeland Security
In accordance with the Privacy Act of 1974, and as part of the Department of Homeland Security's biennial review of system of record notices, DHS/United States Secret Service proposes to update and reissue a current Department of Homeland Security system of records titled, ``Department of Homeland Security/United States Secret Service004 Protection Information System of Records.'' As a result of biennial review of this system, information has been updated within the categories of individuals covered in this system and categories of records in this system in order to further define and narrow categories. Routine Use I and J were merged for the purpose of narrowing scope and clarifying why information would be shared. The notification procedures were updated to clarify the reason for exemption and the method for access. Additionally, the Department of Homeland Security previously published a Final Rule in the Federal Register to exempt this system of records from certain provisions of the Privacy Act. The current updates to this system of records do not impact the nature of the exemptions claimed; the exemptions continue to apply to this update. This updated system will be included in the Department of Homeland Security's inventory of record systems.
Privacy Act of 1974; Department of Homeland Security/United States Secret Service-003 Non-Criminal Investigation Information System of Records
Document Number: 2011-27882
Type: Notice
Date: 2011-10-28
Agency: Office of the Secretary, Department of Homeland Security
In accordance with the Privacy Act of 1974 and as part of the Department of Homeland Security's biennial review of system of record notices, the Department of Homeland Security proposes to update and reissue a current Department of Homeland Security system of records titled, ``Department of Homeland Security/United States Secret Service003 Non-Criminal Investigation Information System.'' As a result of biennial review of this system, records have been updated within the categories of individuals covered in this system and categories of records in this system in order to further define and narrow categories. One routine use was revised to further define the purposes of disclosure, and retention and disposal procedures were updated to reflect current retention practices. The notification procedures were updated to clarify the reason for exemption and the method for access. Additionally, the Department of Homeland Security previously published a Final Rule in the Federal Register to exempt this system of records from certain provisions of the Privacy Act. The current updates to this system of records do not impact the nature of the exemptions claimed; the exemptions continue to apply to this updated system. This updated system will be included in the Department of Homeland Security's inventory of record systems.
Privacy Act of 1974; Department of Homeland Security U.S. Coast Guard DHS/USCG-014 Military Pay and Personnel System of Records
Document Number: 2011-27881
Type: Notice
Date: 2011-10-28
Agency: Office of the Secretary, Department of Homeland Security
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 U.S. Coast Guard014 Military Pay and Personnel System of Records.'' This system of records allows the Department of Homeland Security U.S. Coast Guard to collect and maintain records regarding pay and personnel. As a result of a biennial review of this system, records have been updated in the categories of individuals, categories of records, purpose, and routine uses. This updated system will be included in the Department of Homeland Security's inventory of record systems.
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Construction Recordkeeping and Reporting
Document Number: 2011-27840
Type: Notice
Date: 2011-10-27
Agency: Office of the Secretary, Department of Labor
The Department of Labor (DOL) is submitting the Office of Federal Contract Compliance Programs (OFCCP) sponsored information collection request (ICR) titled, ``Construction Recordkeeping and Reporting,'' 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.).
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Payment of Compensation Without Award
Document Number: 2011-27820
Type: Notice
Date: 2011-10-27
Agency: Office of the Secretary, Department of Labor
The Department of Labor (DOL) is submitting the Office of Workers' Compensation Programs (OWCP) sponsored information collection request (ICR) titled, ``Payment of Compensation Without Award,'' Form LS-206, as revised 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.).
Revision of Delegations of Authority
Document Number: 2011-27760
Type: Rule
Date: 2011-10-27
Agency: Office of the Secretary, Department of Agriculture
This document amends the delegation of authority from the Secretary of Agriculture to the Director of the Office of Communications to serve as the central information authority for emergency public information activities. The Secretary further delegates to the Director of the Office of Communications the authority to serve as the central authority for the Department and agency strategic communications plans.
Revision of Delegations of Authority
Document Number: 2011-27759
Type: Rule
Date: 2011-10-27
Agency: Office of the Secretary, Department of Agriculture
This document amends the delegation of authority from the Secretary of Agriculture to the Director of the Office of Communications to serve as the central authority for the creation and use of logos/marks not otherwise provided for by specific laws and regulations, and excluding the Official USDA Seal and Official USDA Symbol.
Privacy Act of 1974; System of Records
Document Number: 2011-27737
Type: Notice
Date: 2011-10-27
Agency: Office of the Secretary, Department of Defense
The Office of the Secretary of Defense is deleting a systems of record notice from 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
Document Number: 2011-27736
Type: Notice
Date: 2011-10-27
Agency: Office of the Secretary, Department of Defense
The Office of the Secretary of Defense is proposing to amend 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.
Privacy Act of 1974; System of Records
Document Number: 2011-27729
Type: Notice
Date: 2011-10-27
Agency: Office of the Secretary, Department of Defense
The Office of the Secretary of Defense is proposing to amend 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.
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Well-Being Supplement to the American Time Use Survey
Document Number: 2011-27699
Type: Notice
Date: 2011-10-26
Agency: Office of the Secretary, Department of Labor
The Department of Labor (DOL) is submitting the Bureau of Labor Statistics (BLS) sponsored information collection request (ICR) titled, ``Well-being Supplement to the American Time Use Survey,'' 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.).
Defense Transportation Regulation, Part IV
Document Number: 2011-27654
Type: Notice
Date: 2011-10-26
Agency: Office of the Secretary, Department of Defense
Reference Federal Register Notice (FRN), Docket ID: DOD-2010- OS-0034, published April 1, 2010 (75 FR 16445-16446) and subsequently revised April 5, 2011 (76 FR 18737). We have taken industry recommendations into consideration regarding the incorporation of local moves into the intrastate/interstate program. The Surface Deployment and Distribution Command (SDDC) is conducting a Direct Procurement Method (DPM) feasibility study to determine how local moves could be better managed to serve our DoD customers. Industry will be notified of any subsequent DoD decisions associated with the future of local moves. We thank our industry partners for their review and important suggestions to improve the Defense Personal Property Program (DP3).
36(b)(1) Arms Sales Notification
Document Number: 2011-27552
Type: Notice
Date: 2011-10-25
Agency: Office of the Secretary, Department of Defense
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 July 21, 1996.
36(b)(1) Arms Sales Notification
Document Number: 2011-27551
Type: Notice
Date: 2011-10-25
Agency: Office of the Secretary, Department of Defense
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 July 21, 1996.
36(b)(1) Arms Sales Notification
Document Number: 2011-27550
Type: Notice
Date: 2011-10-25
Agency: Office of the Secretary, Department of Defense
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 July 21, 1996.
Availability of the Fiscal Year 2010 United States Special Operations Command (USSOCOM) Inventory List of Contracts for Services
Document Number: 2011-27457
Type: Notice
Date: 2011-10-25
Agency: Office of the Secretary, Department of Defense
In accordance with section 2330a of Title 10 United States Code as amended by the National Defense Authorization Act for Fiscal Year 2008 (NDAA 08) Section 807, the Director of Procurement USSOCOM and the Office of the Director, Defense Procurement and Acquisition Policy, Office of Strategic Sourcing (DPAP/SS) will make available to the public the first inventory of activities performed pursuant to contracts for services. The inventory will be published to the USSOCOM public portal Web site at the following location: https://www.socom.mil/ sordac/Documents/USSOCOMFY10ServicesInventoryList.pdf.
Application of Friendship Airways, Inc. d/b/a Yellow Air Taxi for Commuter Authority
Document Number: 2011-27455
Type: Notice
Date: 2011-10-24
Agency: Office of the Secretary, Department of Transportation
The Department of Transportation is directing all interested persons to show cause why it should revoke the Commuter Air Carrier Authorization issued to Friendship Airways, Inc. d/b/a Yellow Air Taxi and deny its application to resume commuter operations, pursuant to 49 U.S.C. 40109(f) and 14 CFR part 298.
36(b)(1) Arms Sales Notification
Document Number: 2011-27354
Type: Notice
Date: 2011-10-24
Agency: Office of the Secretary, Department of Defense
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 July 21, 1996.
Federal Advisory Committee; Defense Health Board (DHB) Meeting
Document Number: 2011-27202
Type: Notice
Date: 2011-10-20
Agency: Office of the Secretary, Department of Defense
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, and in accordance with section 10(a)(2) of Public Law, a Defense Health Board (DHB) meeting is announced:
Privacy Act of 1974; System of Records
Document Number: 2011-27150
Type: Notice
Date: 2011-10-20
Agency: Office of the Secretary, Department of Defense
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.
Statement of Organization, Functions, and Delegations of Authority; Office of the National Coordinator for Health Information Technology
Document Number: 2011-27116
Type: Notice
Date: 2011-10-20
Agency: Office of the Secretary, Department of Health and Human Services
The Office of the National Coordinator for Health Information Technology has reorganized its office 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 adds the position of Principal Deputy.
Mission Compatibility Evaluation Process
Document Number: 2011-26987
Type: Rule
Date: 2011-10-20
Agency: Office of the Secretary, Department of Defense
The Department of Defense (DoD) is issuing this interim final rule to implement section 358 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011. That section requires that the DoD issue procedures addressing the impacts upon military operations of certain types of structures if they pose an unacceptable risk to the national security of the United States. The structures addressed are those for which an application is required to be filed with the Secretary of Transportation. Section 358 also requires the designation of a lead organization to coordinate DoD review of applications for projects filed with the Secretary of Transportation and received by the Department of Defense from the Secretary of Transportation. Section 358 also requires the designation of certain officials by the Secretary of Defense to perform functions pursuant to the section and this implementing rule. Section 358 also requires the establishment of a comprehensive strategy for addressing military impacts of renewable energy projects and other energy projects, with the objective of ensuring that the robust development of renewable energy sources and the expansion of the commercial electrical grid may move forward in the United States, while minimizing or mitigating any adverse impacts on military operations and readiness. That requirement, however, is not required at this time and is not part of this rule. Other aspects of section 358 not required at this time, such as annual reports to Congress, are also not addressed in this rule. Nor does this rule deal with other clearance processes not included in section 358, such as those applied by the Bureau of Land Management, Department of the Interior.
Findings of Research Misconduct
Document Number: 2011-27022
Type: Notice
Date: 2011-10-19
Agency: Office of the Secretary, Department of Health and Human Services
Membership of the Performance Review Board
Document Number: 2011-26998
Type: Notice
Date: 2011-10-19
Agency: Office of the Secretary, Department of Defense
This notice announces the appointment of the members of the Performance Review Board (PRB) of the Defense Information Systems Agency (DISA). 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, DISA.
Department of Defense Wage Committee; Notice of Closed Meetings
Document Number: 2011-26957
Type: Notice
Date: 2011-10-19
Agency: Office of the Secretary, Department of Defense
Pursuant to the provisions of section 10 of Public Law 92-463, the Federal Advisory Committee Act, notice is hereby given that closed meeting of the Department of Defense Wage Committee will be held.
Department of Defense Wage Committee; Notice of Closed Meetings
Document Number: 2011-26953
Type: Notice
Date: 2011-10-19
Agency: Office of the Secretary, Department of Defense
Pursuant to the provisions of section 10 of Public Law 92-463, the Federal Advisory Committee Act, notice is hereby given that closed meeting of the Department of Defense Wage Committee will be held.
Department of Defense Wage Committee; Notice of Closed Meetings
Document Number: 2011-26952
Type: Notice
Date: 2011-10-19
Agency: Office of the Secretary, Department of Defense
Pursuant to the provisions of section 10 of Public Law 92-463, the Federal Advisory Committee Act, notice is hereby given that closed meeting of the Department of Defense Wage Committee will be held.
Manual for Courts-Martial; Proposed Evidence Amendments
Document Number: 2011-26896
Type: Notice
Date: 2011-10-19
Agency: Office of the Secretary, Department of Defense
The Department of Defense is recommending changes to the Manual for Courts-Martial, United States (2008 Edition) (MCM). The proposed changes incorporate the restyled Federal Rules of Evidence (FRE) approved by the U.S. Supreme Court on 26 April 2011 and which will take effect, pursuant to the Rules Enabling Act, on 1 December 2011. In accordance with 10 U.S.C. 936 and Military Rule of Evidence (MRE) 1102(a), amendments to the FRE will automatically amend parallel provisions of the MRE eighteen months after the effective date of such amendments, absent contrary action by the President. The MCM and DoD Directive 5500.17, ``Role and Responsibilities of the Joint Service Committee (JSC) on Military Justice,'' May 3, 2003, require the JSC to assist the President in fulfilling his rulemaking responsibilities under 10 U.S.C. 936. These proposed changes have not been coordinated within the Department of Defense under DoD Directive 5500.1, ``Preparation, Processing and Coordinating Legislation, Executive Orders, Proclamations, Views Letters Testimony,'' June 15, 2007, and do not constitute the official position of the Department of Defense, the Military Departments, or any other Government agency. This notice is provided in accordance with DoD Directive 5500.17, ``Role and Responsibilities of the Joint Service Committee (JSC) on Military Justice,'' May 3, 2003. This notice is intended only to improve the internal management of the Federal Government. It is not intended to create any right or benefit, substantive or procedural, enforceable at law by any party against the United States, its agencies, its officers, or any person. This notice also sets forth the date, time and location for the public meeting of the JSC to discuss the proposed changes. For easier viewing and comparison to the federal rules, the proposed amendments to the Military Rules of Evidence described below can be viewed in a Word or Excel document at the following Web site: https://www.dod.gov/dodgc/jsc_business.html.
Renewal of Department of Defense Federal Advisory Committees
Document Number: 2011-26778
Type: Notice
Date: 2011-10-17
Agency: Office of the Secretary, Department of Defense
Under the provisions of 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(d), the Department of Defense gives notice that it is renewing the charter for the Defense Intelligence Agency Advisory Board (hereafter referred to as ``the Board''). The Defense Intelligence Agency Advisory Board, pursuant to 41 CFR 102-3.50(d), is a discretionary Federal advisory committee established to provide the Secretary of Defense through the Under Secretary of Defense for Intelligence and the Director of the Defense Intelligence Agency advice on matters relating to DoD's intelligence enterprise. The Board shall: (a) Review and evaluate progress on selected intelligence issues, programs and topics; (b) Advise on the effectiveness of intelligence sources and methods to aid the Department of Defense in establishing resource allocations among programs, consistent with national intelligence requirements; (c) Review, evaluate and recommend initiatives to improve support to the defense intelligence enterprise; and (d) Advise on the effectiveness of various methodologies and doctrines. The Under Secretary of Defense for Intelligence may act upon the Board's advice and recommendations. The Board shall be comprised of no more than fifteen members appointed by the Secretary of Defense who have distinguished backgrounds in national security policy, defense intelligence, geopolitical matters, academia and the private sector. All Board member appointments must be renewed by the Secretary of Defense on an annual basis. The Secretary of Defense, based upon the recommendation of the Under Secretary of Defense for Intelligence and the Director of Defense Intelligence Agency, shall select the Chairperson. Board members appointed by the Secretary of Defense, who are not full-time or permanent part-time federal employees, shall be appointed as experts and consultants under the authority of 5 U.S.C. Sec. 3109 and shall serve as special government employee members. With the exception of travel and per diem for official travel, Board members shall serve without compensation. All Board members are appointed to provide advice on behalf of the government on the basis of their best judgment without representing any particular point of view and in a manner that is free from conflict of interest. With DoD approval, the Board is authorized to establish subcommittees, as necessary and consistent with its mission. 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. Sec. 552b), and other governing 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 Board 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. 3109, and serve as special government employees, whose appointments must be renewed by the Secretary of Defense on an annual basis. With the exception of travel and per diem for official travel, subcommittee members shall serve without compensation.
Senior Executive Service Performance Review Boards Membership
Document Number: 2011-26586
Type: Notice
Date: 2011-10-14
Agency: Office of the Secretary, Department of Transportation
DOT publishes the names of the persons selected to serve on the various Departmental PRBs as required by 5 U.S.C. 4314(c)(4).
Adjustment of Appendices to the Dairy Tariff-Rate Import Quota Licensing Regulation for the 2011 Tariff-Rate Quota Year
Document Number: 2011-26480
Type: Rule
Date: 2011-10-13
Agency: Office of the Secretary, Department of Agriculture
This document sets forth the revised appendices to the Dairy Tariff-Rate Import Quota Licensing Regulation for the 2011 quota year reflecting the cumulative annual transfers from Appendix 1 to Appendix 2 for certain dairy product import licenses permanently surrendered by licensees or revoked by the Licensing Authority.
Findings of Research Misconduct
Document Number: 2011-26453
Type: Notice
Date: 2011-10-13
Agency: Office of the Secretary, Department of Health and Human Services
Notice is hereby given that the Office of Research Integrity (ORI) has taken final action in the following case: Nicola Solomon, Ph.D., University of Michigan Medical School: Based on an investigation conducted by the University of Michigan Medical School (UMMS) and a preliminary analysis conducted by ORI, ORI found that Dr. Nicola Solomon, former postdoctoral scholar, Department of Human Genetics, UMMS, engaged in research misconduct in research supported by the National Institute of Child Health and Human Development (NICHD), National Institutes of Health (NIH), grants R37 HD030428 and R01 HD034283. Specifically, the Respondent did not perform DNA sequencing on 202 cDNA clones of homeobox genes to confirm their identity and integrity. Through multiple revision of the manuscript, the Respondent did not discuss this with the corresponding author or question and correct the corresponding author's addition of text indicating that the clones had been fully sequenced and were full length or longer (as indicated in Table 3) when compared to NCBI Mus musculus Unigene. This text supported the use of the Cap-Trapper technique to produce full length clones for the discovery of new genes without polymerase chain reaction (PCR). Both the Respondent and the U.S. Public Health Service (PHS) are desirous of concluding this matter without further expenditure of time and other resources and have entered into a Voluntary Settlement Agreement to resolve this matter. This settlement is not an admission of liability on the part of the Respondent. Respondent and ORI agreed to settle this matter as follows: (1) Respondent agreed that for a period of two (2) years beginning on September 16, 2011, prior to the submission of an application for PHS support for a research project on which her participation is proposed in a research capacity, and prior to her participation in this capacity on PHS-supported research, Respondent shall ensure that a plan for supervising her duties is submitted to ORI for approval; the supervision must be designed to ensure the scientific integrity of Respondent's research contribution; Respondent agreed that she shall not participate as a researcher in any PHS-supported research until such a supervision plan is submitted to and approved by ORI; Respondent agreed to maintain responsibility for compliance with the agreed upon supervision plan; and (2) Respondent agreed to exclude herself 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, for a period of two (2) years, beginning on September 16, 2011.
Privacy Act of 1974; System of Records
Document Number: 2011-26306
Type: Notice
Date: 2011-10-12
Agency: Office of the Secretary, Department of Defense
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.
Meeting of the Department of Defense Military Family Readiness Council (MFRC); Change of Meeting Date and Time
Document Number: 2011-26166
Type: Notice
Date: 2011-10-11
Agency: Office of the Secretary, Department of Defense
Pursuant to Section 10 (a), Public Law 92-463, on September 26, 2011 (76 FR 59388-59389) the Department of Defense Military Family Readiness Council (MFRC) announced a meeting to be held on October 17, 2011. This notice announces that the meeting date and time has been changed to November 21, 2011, from 2 p.m. to 4 p.m. All other information in the original notice remains the same. The meeting is open to the public, subject to the availability of space. Persons desiring to attend may contact Ms. Melody McDonald at 571-256-1738 or e-mail FamilyReadinessCouncil@osd.mil no later than 5 p.m. on Tuesday, November 15, 2011 to arrange for parking and escort into the conference room inside the Pentagon. Interested persons may submit a written statement for consideration by the Council. Persons desiring to submit a written statement to the Council must notify the point of contact listed below no later than 5 p.m., Wednesday, November 16, 2011.
National Agricultural Research, Extension, Education, and Economics Advisory Board Meeting Notice
Document Number: 2011-26129
Type: Notice
Date: 2011-10-11
Agency: Office of the Secretary, Department of Agriculture
In accordance with the Federal Advisory Committee Act, 5 U.S.C. App 2, the USDA announces a meeting of the National Agricultural Research, Extension, Education, and Economics Advisory Board.
Findings of Research Misconduct
Document Number: 2011-26127
Type: Notice
Date: 2011-10-11
Agency: Office of the Secretary, Department of Health and Human Services
Notice is hereby given that the Office of Research Integrity (ORI) has taken final action in the following case: Shamarendra Sanyal, PhD Duke University: Based on an inquiry conducted by Duke University (Duke), admissions by the Respondent, and additional analysis conducted by ORI in its oversight review, ORI and Duke found that Dr. Shamarendra Sanyal, former postdoctoral scholar, Duke, engaged in research misconduct by falsifying data in a grant application submitted to the National Heart, Lung, and Blood Institute (NHLBI) of the National Institutes of Health (NIH). Specifically, ORI found that the Respondent falsified Figure 2C of grant application 1 R01 HL107901-01, ``Store-operated calcium entry in airway inflammation,'' by altering the gain settings in the instrument used to measure store-operated current (SOC) densities in a whole cell patch clamp experiment comparing Stim 1+/- mouse airway cells and wild type mouse airway cells. Respondent also falsified the calcium response data in Figure 5A (right panel) of the grant application referenced above by adding ATP as a reagent to the mouse airway epithelial cells to sharpen the results purported to be caused by PGN without disclosing that ATP had been added and without disclosing that ATP was not added to the control sample. The questioned research was not submitted for publication. Dr. Sanyal has entered into a Voluntary Settlement Agreement with ORI and Duke, in which he voluntarily agreed to the administrative actions set forth below. The administrative actions are required for two (2) years beginning on the date of Dr. Sanyal's employment in a research position in which he receives or applies for PHS support on or after the effective date of the Agreement (September 16, 2011); however, if he has not obtained employment in a research position in which he receives or applies for PHS support within three (3) years of the effective date of the Agreement, the administrative actions set forth below will no longer apply. Dr. Sanyal has voluntarily agreed: (1) To have his research supervised as described below and to notify his employer(s)/institutions(s) of the terms of this supervision; Respondent agrees to ensure that prior to the submission of an application for PHS support for a research project on which Respondent's participation is proposed and prior to Respondent's participation in any capacity on PHS supported research, the institution employing him will submit a plan for supervision of Respondent's duties to ORI for approval; the plan for supervision must be designed to ensure the scientific integrity of Respondent's research contribution; Respondent agrees that he will not participate in any PHS supported research from the effective date of this Agreement until a plan for supervision is submitted to and approved by ORI; Respondent agrees to be responsible for maintaining compliance with the agreed upon plan for supervision; (2) that any institution employing him must submit, in conjunction with each application for PHS funds, or report, manuscript, or contract involving PHS supported research in which Respondent is involved, a certification to ORI that the data provided by Respondent are based on actual experiments or are otherwise legitimately derived and that the data, procedures, and methodology are accurately reported in the application, report, manuscript, or abstract; 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.
Ammonium Nitrate Security Program
Document Number: 2011-26051
Type: Proposed Rule
Date: 2011-10-07
Agency: Office of the Secretary, Department of Homeland Security
The National Protection and Programs Directorate of the Department of Homeland Security is announcing a series of public meetings to consult with the public on a notice of proposed rulemaking (NPRM), entitled ``Ammonium Nitrate Security Program,'' which was published in the Federal Register on August 3, 2011. Under the proposed rule, the Department of Homeland Security would regulate the sale and transfer of ammonium nitrate pursuant to section 563 of the Fiscal Year 2008 Department of Homeland Security Appropriations Act with the purpose of preventing the use of ammonium nitrate in an act of terrorism. The Department seeks public input on the proposed rule, particularly input regarding the questions and issues raised in the NPRM and raised in this notice of public meetings. Dates, Times, and Locations: Public meetings are scheduled to be held on the following dates at the following locations.
Meeting of the Defense Acquisition University Board of Visitors; Cancellation
Document Number: 2011-26025
Type: Notice
Date: 2011-10-07
Agency: Office of the Secretary, Department of Defense
On September 22, 2011 (76 FR 58786), the Defense Acquisition University Board of Visitors announced a meeting to be held Thursday, October 13, 2011, from 8:30 a.m. to 11:45 a.m. at the Hirsch Center, Building 226, Defense Acquisition University, 9820 Belvoir Road in Fort Belvoir, Virginia. Pursuant to 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 this meeting is cancelled due to scheduling conflicts.
Privacy Act of 1974; System of Records
Document Number: 2011-25984
Type: Notice
Date: 2011-10-07
Agency: Office of the Secretary, Department of Defense
The Office of the Secretary of Defense is deleting a systems of record notice from its existing inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended.
Privacy Act: Implementation
Document Number: 2011-25922
Type: Rule
Date: 2011-10-07
Agency: Office of the Secretary, Department of the Treasury, Department of Treasury
In this final rule, the Department of the Treasury makes technical corrections to an appendix to its regulations regarding disclosure of records. These amendments update the name of the former Bureau of Alcohol, Tobacco and Firearms to the Alcohol and Tobacco Tax and Trade Bureau, and also update the contact information for the Alcohol and Tobacco Tax and Trade Bureau and the procedures by which individuals may request disclosure of information under the Privacy Act. These amendments do not change the Department's interpretation of any regulation or the requirements of any recordkeeping provision.
Membership of the Performance Review Board
Document Number: 2011-25854
Type: Notice
Date: 2011-10-06
Agency: Office of the Secretary, Department of Defense
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 Deputy Secretary of Defense.
Defense Science Board; Notice of Advisory Committee Meetings
Document Number: 2011-25744
Type: Notice
Date: 2011-10-06
Agency: Office of the Secretary, Department of Defense
The Defense Science Board will meet in closed session on October 26 and October 27, 2011; at the Johns Hopkins University Applied Physics Laboratory, 11100 Johns Hopkins Road, Laurel, MD 20723. The mission of the Defense Science Board is to advise the Secretary of Defense and the Under Secretary of Defense for Acquisition, Technology & Logistics on scientific and technical matters as they affect the perceived needs of the Department of Defense. At this meeting, the Board will discuss interim finding and recommendations resulting from ongoing Task Force activities. The Board will also discuss plans for future consideration of scientific and technical aspects of specific strategies, tactics, and policies as they may affect the U.S. national defense posture and homeland security.
Privacy Act of 1974; Systems of Records
Document Number: 2011-25702
Type: Notice
Date: 2011-10-05
Agency: Office of the Secretary, Department of Defense
The National Security Agency (NSA) is proposing to amend 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.
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