Office of the Secretary December 2012 – Federal Register Recent Federal Regulation Documents

Proposed Collection; Comment Request
Document Number: 2012-30032
Type: Notice
Date: 2012-12-13
Agency: Department of Defense, Office of the Secretary
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Escape and Evacuation Plans for Surface Coal Mines and Surface Facilities and Surface Work Areas of Underground Coal Mines
Document Number: 2012-29869
Type: Notice
Date: 2012-12-11
Agency: Department of Labor, Office of the Secretary
The Department of Labor (DOL) is submitting the Mine safety and Health Administration (MSHA) sponsored information collection request (ICR) titled, ``Escape and Evacuation Plans for Surface Coal Mines and Surface Facilities and Surface Work Areas of Underground Coal Mines,'' 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.).
Response to Comments Received for the “The Menlo Report: Ethical Principles Guiding Information and Communication Technology Research” (“The Menlo Report”) for the Department of Homeland Security (DHS), Science and Technology, Cyber Security Division (CSD), Protected Repository for the Defense of Infrastructure Against Cyber Threats (PREDICT) Project
Document Number: 2012-29818
Type: Notice
Date: 2012-12-11
Agency: Department of Homeland Security, Office of the Secretary
The Department of Homeland Security (DHS), Science and Technology (S&T) published a 60-day public notice in the Federal Register on December 28, 2011 (Federal Register Volume 76, Number 249, Docket No. DHS-2011-0074) to invite public comment on the Menlo Report. The intent of the notice was to further refine the content of the Menlo Report beyond the working group that had generated the report. This notice responds to the comments received during this 60-day public notice.
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Request for Employment Information
Document Number: 2012-29814
Type: Notice
Date: 2012-12-11
Agency: Department of Labor, Office of the Secretary
The Department of Labor (DOL) is submitting the Office of Workers' Compensation Programs (OWCP) sponsored information collection request (ICR) revision titled, ``Request for Employment Information,'' 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; Carrier's Report of Issuance of Policy
Document Number: 2012-29785
Type: Notice
Date: 2012-12-11
Agency: Department of Labor, Office of the Secretary
The Department of Labor (DOL) is submitting the Office of Workers' Compensation Programs (OWCP) sponsored information collection request (ICR) revision titled, ``Carrier's Report of Issuance of Policy,'' 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.).
Health Information Technology: Revisions to the 2014 Edition Electronic Health Record Certification Criteria; and Medicare and Medicaid Programs; Revisions to the Electronic Health Record Incentive Program
Document Number: 2012-29607
Type: Rule
Date: 2012-12-07
Agency: Centers for Medicare & Medicaid Services, Department of Health and Human Services, Office of the Secretary
The Department of Health and Human Services (HHS) is issuing this interim final rule with comment period to replace the Data Element Catalog (DEC) standard and the Quality Reporting Document Architecture (QRDA) Category III standard adopted in the final rule published on September 4, 2012 in the Federal Register with updated versions of those standards. This interim final rule with comment period also revises the Medicare and Medicaid Electronic Health Record (EHR) Incentive Programs by adding an alternative measure for the Stage 2 meaningful use (MU) objective for hospitals to provide structured electronic laboratory results to ambulatory providers, correcting the regulation text for the measures associated with the objective for hospitals to provide patients the ability to view online, download, and transmit information about a hospital admission, and making the case number threshold exemption for clinical quality measure (CQM) reporting applicable for eligible hospitals and critical access hospitals (CAHs) beginning with FY 2013. This rule also provides notice of CMS's intention to issue technical corrections to the electronic specifications for CQMs released on October 25, 2012.
Voluntary Education Programs
Document Number: 2012-29497
Type: Rule
Date: 2012-12-07
Agency: Department of Defense, Office of the Secretary
In this final rule, the Department of Defense (DoD) implements policy, assigns responsibilities, and prescribes procedures for the operation of voluntary education programs within DoD. Several of the subject areas in this final rule include: procedures for Service members participating in education programs; guidelines for establishing, maintaining, and operating voluntary education programs including, but not limited to, instructor-led courses offered on- installation and off-installation, as well as via distance learning; procedures for obtaining on-base voluntary education programs and services; minimum criteria for selecting institutions to deliver higher education programs and services on military installations; the establishment of a DoD Voluntary Education Partnership Memorandum of Understanding (MOU) between DoD and educational institutions receiving tuition assistance payments; and procedures for other education programs for Service members and their adult family members. The new requirement for a signed MOU with DoD from participating educational institutions will be effective 60 days following the publication of this final rule in the Federal Register.
Civil Monetary Penalties; Adjustment for Inflation
Document Number: 2012-28503
Type: Rule
Date: 2012-12-07
Agency: Department of Commerce, Office of the Secretary
This final rule is being issued to adjust each civil monetary penalty provided by law within the jurisdiction of the Department of Commerce (the Department). The Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Debt Collection Improvement Act of 1996, required the head of each agency to adjust its civil monetary penalties (CMP) for inflation no later than October 23, 1996, and requires agencies to make adjustments at least once every four years thereafter. These inflation adjustments will apply only to violations that occur after the effective date of this rule.
Reduction of Use of Social Security Numbers in the Department of Defense
Document Number: 2012-29504
Type: Proposed Rule
Date: 2012-12-06
Agency: Department of Defense, Office of the Secretary
The Department of Defense (DoD) published a proposed rule concerning the reduction of the use of social security numbers (SSN) in the Department on March 3, 2010 (75 FR 9548). The Department published the proposed rule because it intended to apply the SSN reduction policies and procedures to entities that contract with the Department. However, it has been determined that the Defense Federal Acquisition Regulation Supplement (DFARS) or another contract vehicle is a more appropriate way to apply these policies and procedures to these entities; therefore, a final rule in title 32 of the Code of Federal Regulations will not be published. DoD will publish internal guidance in an Instruction that will not contain language regarding contract companies since that guidance will be provided as noted above in a DFARS rule or other contract vehicle. This notice is being published to address the public comments received concerning the proposed rule.
Notice of Request for Information Collection Approval
Document Number: 2012-29483
Type: Notice
Date: 2012-12-06
Agency: Department of Transportation, Office of the Secretary
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et. seq.), this notice announces that the U.S. Department of Transportation (DOT) has forwarded the Information Collection Request (ICR) abstracted below to the Office of Management and Budget (OMB) for renewal. The ICR describes the nature of the information collection and its expected cost and burden hours. The OMB approved the form in 2009 with its renewal required by September 30, 2012. The Federal Register Notice with a 60-day comment period soliciting comments on the form renewal was published on May 18, 2012, [FR Vol. 77, No. 97, page 29747]. No comments were received.
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Unemployment Insurance Title XII Advances and Voluntary Repayment Process
Document Number: 2012-29382
Type: Notice
Date: 2012-12-05
Agency: Department of Labor, Office of the Secretary
On November 30, 2012, the Department of Labor (DOL) will submit the Employment and Training Administration (ETA) sponsored information collection request (ICR) titled, ``Unemployment Insurance Title XII Advances and Voluntary Repayment Process,'' 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.).
Submission for OMB Review; Comment Request
Document Number: 2012-29375
Type: Notice
Date: 2012-12-05
Agency: Department of Defense, Office of the Secretary
Application of Boutique Air, Inc. for Commuter Air Carrier Authority
Document Number: 2012-29372
Type: Notice
Date: 2012-12-05
Agency: Department of Transportation, Office of the Secretary
The Department of Transportation is directing all interested persons to show cause why it should not issue an order finding Boutique Air, Inc., fit, willing, and able, and awarding it commuter air carrier authority to conduct scheduled commuter service.
Proposed Collection; Comment Request
Document Number: 2012-29365
Type: Notice
Date: 2012-12-05
Agency: Department of Defense, Office of the Secretary
In compliance with Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Defense Logistics Agency announces a proposed public information collection and seeks public comment on the provisions thereof. Comments are invited on: (a) Whether the 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 reinstated 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.
Proposed Collection; Comment Request
Document Number: 2012-29351
Type: Notice
Date: 2012-12-05
Agency: Department of Defense, Office of the Secretary
In compliance with Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Defense Logistics Agency announces a proposed public information collection and seeks public comment on the provisions thereof. Comments are invited on: (a) Whether the 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 reinstated 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.
Submission for OMB Review; Comment Request
Document Number: 2012-29342
Type: Notice
Date: 2012-12-05
Agency: Department of Defense, Office of the Secretary
Submission for OMB Review; Comment Request
Document Number: 2012-29341
Type: Notice
Date: 2012-12-05
Agency: Department of Defense, Office of the Secretary
Submission for OMB Review; Comment Request
Document Number: 2012-29340
Type: Notice
Date: 2012-12-05
Agency: Department of Defense, Office of the Secretary
Submission for OMB Review; Comment Request
Document Number: 2012-29339
Type: Notice
Date: 2012-12-05
Agency: Department of Defense, Office of the Secretary
Submission for OMB Review; Comment Request
Document Number: 2012-29337
Type: Notice
Date: 2012-12-05
Agency: Department of Defense, Office of the Secretary
Submission for OMB Review; Comment Request
Document Number: 2012-29336
Type: Notice
Date: 2012-12-05
Agency: Department of Defense, Office of the Secretary
Oil, Gas, and Potash Leasing and Development Within the Designated Potash Area of Eddy and Lea Counties, NM
Document Number: 2012-29393
Type: Notice
Date: 2012-12-04
Agency: Department of the Interior, Office of the Secretary
Secretary's Order 3324 revises and supersedes the Order of the Secretary of the Interior, dated October 28, 1986 (51 FR 39425), and corrected on August 26, 1987 (52 FR 32171), and provides procedures and guidelines for more orderly co-development of oil and gas and potash deposits owned by the United States within the Designated Potash Area through safe, concurrent operations.
Tribal Consultation Policy
Document Number: 2012-29246
Type: Notice
Date: 2012-12-04
Agency: Department of Labor, Office of the Secretary
The Department of Labor (DOL) is issuing its final Tribal Consultation Policy. The Tribal Consultation Policy (hereinafter referred to as the ``policy'') establishes standards for improved consultation with federally-recognized Indian Tribes to the extent that no conflict exists with applicable federal laws or regulations. The policy applies to any Department action that affects federally- recognized Indian tribes and requires that the Department's government- to-government consultation involve appropriate Tribal and Departmental Officials. In addition to setting forth the final policy, this document also responds to comments on the proposed policy, which was published in the Federal Register on April 18, 2012 (77 FR 23283).
Rules of Practice and Procedure for Hearings Before the Office of Administrative Law Judges
Document Number: 2012-28516
Type: Proposed Rule
Date: 2012-12-04
Agency: Department of Labor, Office of the Secretary
The Department of Labor proposes to revise and reorganize the Rules of Practice and Procedure for Administrative Hearings Before the Office of Administrative Law Judges, from our regulations, which provide procedural guidance to administrative law judges, claimants, employers, and Department of Labor representatives seeking to resolve disputes under a variety of employment and labor laws. The Office of Administrative Law Judges promulgated these regulations in 1983. The regulations were modeled on the Federal Rules of Civil Procedure (FRCP) and have proved extraordinarily helpful in providing litigants with familiar rules governing hearing procedure. Since 1983, the FRCP have been amended many times. Moreover, in 2007 the FRCP were given a complete revision to improve style and clarity. The nature of litigation has also changed in the past 28 years, particularly in the areas of discovery and electronic records. Thus, OALJ has revised its regulations to make the rules more accessible and useful to parties, and to harmonize administrative hearing procedures with the current FRCP. The goal in amending the regulations is to provide clarity through the use of consistent terminology, structure and formatting so that parties have clear direction when pursuing or defending against a claim. In addition to revising the regulations to conform to modern legal procedure, the rules need to be modified to reflect the types of claims now heard by OALJ. When the rules were promulgated in 1983, OALJ primarily adjudicated occupational disease and injury cases. Presently, and looking ahead to the future, OALJ is and will be increasingly tasked with hearing whistleblower and other workplace retaliation claims, in addition to the occupational disease and injury cases. These types of cases require more structured management and oversight by the presiding administrative law judge and more sophisticated motions and discovery procedures than the current regulations provide. In order to best manage the complexities of whistleblower and discrimination claims, OALJ needs to update its rules to address the procedural questions that arise in these cases.
Renewal of Department of Defense Federal Advisory Committees
Document Number: 2012-29087
Type: Notice
Date: 2012-12-03
Agency: Department of Defense, Office of the Secretary
Under the provisions of 10 U.S.C. 2166(e), 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 United States Military Academy Board of Visitors (hereinafter referred to as ``the Board''). The Board shall provide independent advice and recommendations to the President of the United States on matters relating to the United States Military Academy (hereinafter referred to as the ``Academy''), including morale and discipline, curriculum, instruction, physical equipment, fiscal affairs, academic methods, and any other matters relating to the Academy that the Board decides to consider. The Board shall report to the President of the United States. The Secretary of the Army, in accordance with DoD policies/procedures may act upon the Board's advice and recommendations. The Board shall be constituted annually of 15 members. Under the provisions of 10 U.S.C. 4355, the Board members shall be comprised of the following individuals: The Chairperson of the Senate Committee on Armed Services, or designee; three other members of the Senate designated by the Vice President or President pro tempore of the Senate, two of whom are members of the Senate Committee on Appropriations; the Chairperson of the House Committee on Armed Services, or designee; four other members of the House of Representatives designated by the Speaker of the House of Representatives, two of whom are members of the House Committee on Appropriations; and six persons designated by the President. Board members designated by the President shall serve for three years except that any member whose term of office has expired shall continue to serve until a successor is appointed. In addition, the President shall designate two persons each year to succeed the members whose terms expire that year. If a member of the Board dies or resigns, a successor shall be designated for the unexpired portion of the term by the official who designated the member. The Board members shall select the Board Chairperson from the total membership. Board members who are full-time or permanent part-time Federal officers and employees shall be appointed as regular government employees or ex officios as appropriate. Board members designated by the President, who are not full-time or permanent part-time federal officers or employees, shall be appointed to serve as special government employees under the authority of 5 U.S.C. 3109, and these appointments shall be renewed on an annual basis. Board members shall, with the exception of travel and per diem for official travel, serve without compensation. The Board, pursuant to 10 U.S.C. 4355(g), may, upon approval by the Secretary of the Army, call in advisers for consultation, and these advisers shall, with the exception of travel and per diem for official travel, serve without compensation. The Department, when necessary and consistent with the Board's mission and DoD policies/procedures, may establish subcommittees, task forces, or working groups to support the Board. Establishment of Subcommittees will be based upon written determination, to include terms of reference, by the Secretary of Defense, the Deputy Secretary of Defense, or the Board's sponsor. Such Subcommittees or working groups shall not work independently of the chartered Board, and shall report all of their recommendations and advice solely to the Board for full deliberation and discussion. Subcommittees have no authority to make decisions and recommendations, verbally or in writing, on behalf of the chartered Board; nor can any Subcommittee or its members update or report directly, verbally or in writing, to the DoD or any Federal officers or employees. All Subcommittee members shall be appointed by the Secretary of Defense according to governing DoD policies and procedures even if the member in question is already a Board member. Such individuals shall be appointed to serve as experts and consultants under the authority of 5 U.S.C. 3109, and shall serve as special government employees. Subcommittee members, with the approval of the Secretary of Defense, may serve a term of service on the subcommittee of one to four years; however, no member shall serve more than two consecutive terms of service on the Subcommittee, unless authorized by the Secretary of Defense. Subcommittee member appointments must be renewed on an annual basis. With the exception of travel and per diem, Subcommittee members shall serve without compensation. All Subcommittees shall operate under the provisions of the FACA, the Government in the Sunshine Act, governing Federal statutes and regulations, and governing DoD policies/ procedures.
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Unemployment Insurance Random Audit of Emergency Unemployment Compensation 2008 Claimants
Document Number: 2012-29064
Type: Notice
Date: 2012-12-03
Agency: Department of Labor, Office of the Secretary
The Department of Labor (DOL) is submitting the Employment and Training Administration (ETA) sponsored information collection request (ICR) titled, ``Unemployment Insurance Random Audit of Emergency Unemployment Compensation 2008 Claimants,'' 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; State Administration of Applications and Grants for Self Employment Assistance Program
Document Number: 2012-29063
Type: Notice
Date: 2012-12-03
Agency: Department of Labor, Office of the Secretary
The Department of Labor (DOL) is submitting the Employment and Training Administration (ETA) sponsored information collection request (ICR) titled, ``State Administration of Applications and Grants for Self Employment Assistance Program,'' 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; Employment and Training Administration Financial Report
Document Number: 2012-29047
Type: Notice
Date: 2012-12-03
Agency: Department of Labor, Office of the Secretary
On November 30, 2012, the Department of Labor (DOL) will submit the Employment and Training Administration (ETA) sponsored information collection request (ICR) titled, ``Employment and Training Administration Financial Report,'' (Forms ETA-9130, ETA-9130-A, and ETA-9130-B) 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.).
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