Office of the Secretary 2014 – Federal Register Recent Federal Regulation Documents

The Department of Labor (DOL) is submitting the Wage and Hour Division (WHD) sponsored information collection request (ICR) titled, ``Nondisplacement of Qualified Workers Under Service Contracts, Executive Order 13495,'' to the Office of Management and Budget (OMB) for review and approval for continued use, without change, in accordance with the Paperwork Reduction Act of 1995 (PRA), 44 U.S.C. 3501 et seq. Public comments on the ICR are invited.

In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the Department of Homeland Security (DHS) proposes to update a current DHS system of records titled, ``Department of Homeland Security/U.S. Customs and Border ProtectionDHS/CBP-009 Electronic System for Travel Authorization (ESTA) System of Records.'' This system of records allows the U.S. Customs and Border Protection (CBP) at DHS to collect and maintain records on nonimmigrant aliens seeking to travel to the United States under the Visa Waiver Program and other persons, including U.S. citizens and lawful permanent residents, whose name is provided to DHS as part of a nonimmigrant alien's ESTA application. The system is used to determine whether the applicant is eligible to travel to and enter the United States under the Visa Waiver Program by vetting the ESTA application information against selected security and law enforcement databases at DHS, including but not limited to the use of CBP's TECS (not an acronym) and the Automated Targeting System (ATS). In addition, ATS retains a copy of ESTA application data to identify ESTA applicants who may pose a security risk to the United States. ATS maintains copies of key elements of certain databases in order to minimize the impact of processing searches on the operational systems and to act as a backup for certain operational systems. DHS may also vet ESTA application information against security and law enforcement databases at other Federal agencies to enhance DHS's ability to determine whether the applicant poses a security risk to the United States and is eligible to travel to and enter the United States under the Visa Waiver Program. The results of this vetting may inform DHS's assessment of whether the applicant's travel poses a law enforcement or security risk and whether the application should be approved. As part of the Department's ongoing effort to promote transparency regarding its collection of information, DHS/CBP is updating: (1) The categories of individuals covered by the system, and (2) categories of records in the system to include revised eligibility questions and additional data elements collected on the ESTA application. DHS issued a Final Rule to exempt this system of records from certain provisions of the Privacy Act on August 31, 2009 (74 FR 45070). These regulations remain in effect. Furthermore, this notice includes non-substantive changes to simplify the formatting and text of the previously published notice. This updated system will be included in DHS's inventory of systems of records, located on the DHS Web site at https://www.dhs.gov/system- records-notices-sorns.

The Department of Labor (DOL) is submitting the Bureau of Labor Statistics (BLS) sponsored information collection request (ICR) revision titled, ``Consumer Expenditure Surveys: Quarterly Interview and Diary,'' 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.). Public comments on the ICR are invited.

The Department of Labor (DOL) is submitting the Bureau of Labor Statistics (BLS) sponsored information collection request (ICR) revision titled, ``Annual Refiling 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.).

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/United States Coast Guard Physical Disability Evaluation System Files System of Records.'' This system of records allows the Department of Homeland Security/United States Coast Guard to collect and preserve the records regarding physical disability evaluation proceedings. As a result of the biennial review of this system, the system manager and address category has been updated. This updated system will be included 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 a current Department of Homeland Security system of records titled, ``Department of Homeland Security/United States Coast Guard018 Exchange System and Morale Well-Being and Recreational Systems Files System of Records.'' This system of records allows the Department of Homeland Security/United States Coast Guard to collect and maintain records on the Coast Guard Exchange System and Morale Well-Being and Recreation Program. As a result of a biennial review of this system, Department of Homeland Security/United States Coast Guard is updating this system of records notice to (1) include a new routine use, (2) update the system manager and address, and (3) clarify how the United States Coast Guard stores Exchange System and Morale Well-Being and Recreation system files. This notice also includes non-substantive changes to simplify the formatting and text of the previously published notice updated system. This updated system will be included 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 a current Department of Homeland Security (DHS) system of records titled, ``Department of Homeland Security/United States Coast Guard029 Notice of Arrival and Departure System of Records.'' This system of records allows the Department of Homeland Security/United States Coast Guard (USCG) to facilitate the effective and efficient entry and departure of vessels into and from the United States, and assist with assigning priorities for conducting maritime safety and security regulations. As a result of a biennial review of this system, the Department of Homeland Security/ United States Coast Guard is updating this system of records notice to update the system manager and address category. Additionally, this notice includes non-substantive changes to simplify the formatting and text of the previously published notice. This updated system will be included in the Department of Homeland Security's inventory of record systems.

Notice is hereby given that the Office of Research Integrity (ORI) has taken final action in the following case: Bijan Ahvazi, Ph.D., National Institutes of Health: Based on the report of an investigation conducted by the National Institutes of Health (NIH) and additional analysis by ORI in its oversight review, ORI found that Dr. Bijan Ahvazi, former Director of the Laboratory of X-ray Crystallography, National Institute of Arthritis and Musculoskeletal and Skin Diseases (NIAMS), NIH, engaged in research misconduct in research supported by the Intramural Program at NIAMS, NIH. ORI found that Respondent engaged in research misconduct by falsifying data related to or in the following published papers: 1. Ahvazi, B., Boeshans, K.M., Idler, W., Baxa, U., & Steinert, P.M. ``Structural basis for the coordinated regulation of transglutaminase 3 by guanine nucleotides and calcium/magnesium.'' J. Biol. Chem. 279(8):7180-92, 2004 Feb 20 (withdrawn) (hereinafter ``JBC 2004a'') 2. Ahvazi, B., Boeshans, K.M., & Steinert, P.M. ``Crystal structure of transglutaminase 3 in complex with BMP: Structural basis for nucleotide specificity.'' J. Biol. Chem. 279:26716-25, 2004 (withdrawn) (hereinafter ``JBC 2004b'') 3. Ahvazi, B., Boeshans, K.M., Idler, W.,& Cooper, A.J.L. ``Crystal structure of transglutaminase 3-cystamine complex: Binding of two cystamines to the nucleotide-binding pocket. M6:06060, Submitted to J. Biol. Chem., 2006 (rejected) (hereinafter ``JBC 2006''). Specifically, ORI finds that Respondent: 1. Falsely labeled Figure 3A in JBC 2004b representing an isothermal calorimetric titration (ITC) experiment using guanine monophosphate (GMP) and transglutaminase 3 (TGase 3) when the figure was actually a relabeled version of an unrelated experiment that Respondent previously published as Figure 1A in JBC 2004a. 2. falsified Figure 4B, Figure 4C, and Figure 6D in JBC 2004b and Figure 5E in JBC 2006, by altering the original data in the following ways to represent the desired experiment:

The Department of Defense has submitted to OMB for clearance, the following proposal for collection of information under the provisions of the Paperwork Reduction Act.

The Office of the Secretary of Defense is exempting those records contained in DPFPA 05, entitled ``Computer Aided Dispatch and Records Management System (CAD/RMS),'' pertaining to investigatory material compiled for law enforcement purposes (under (j)(2) of the Act) to enable OSD to conduct certain investigations and relay law enforcement information without compromise of the information, and protect investigative techniques and efforts employed, as well as investigatory material compiled for law enforcement purposes (under (k)(2) of the Act), other than material within the scope of subsection (k)(2) of the Privacy Act to enable the protection of 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 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 amend these 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.

The Office of the Secretary of Defense is exempting those records contained in DWHS E05, entitled ``Mandatory Declassification Review Files,'' pertaining to requests and/or appeals from individuals for the mandatory review of classified documents. The exemption will allow DoD to provide protection against releasing any documents that remain properly classified and not available for release.

The Defense Information Systems Agency is proposing to exempt a new system of records, K890.23, entitled ``DISA Inspector General Investigative Tracker (DIGit)'' from 5 U.S.C. 552a(j)(2), (k)(2), and (k)(5), subsections (c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I) of the Privacy Act of 1974, as amended.

The Department of Defense has submitted to OMB for clearance, the following proposal for collection of information under the provisions of the Paperwork Reduction Act.

The Department of Labor (DOL) is submitting the Employee Benefits Security Administration (EBSA) sponsored information collection request (ICR) titled, ``Employee Retirement Income Security Act of 1974 Section 408(a) Prohibited Transaction Provisions Exemption Application Procedure,'' to the Office of Management and Budget (OMB) for review and approval for continued use, without change, in accordance with the Paperwork Reduction Act of 1995 (PRA), 44 U.S.C. 3501 et seq. Public comments on the ICR are invited.

The Department of Defense has submitted to OMB for clearance, the following proposal for collection of information under the provisions of the Paperwork Reduction Act.

As part of a Federal Government-wide effort to streamline the process to seek feedback from the public on service delivery, Department of Health and Human Services has submitted a Generic Information Collection Request (Generic ICR): ``Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery '' to OMB for approval under the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.).

In accordance with the Privacy Act of 1974, the Department of Homeland Security is giving notice that it proposes to consolidate the following Privacy Act system of records notice, Department of Homeland Security/United States Citizenship and Immigration Services013 E- Verify Self Check (76 FR 9034, February 16, 2011), into the existing Department of Homeland Security system of records notices titled Department of Homeland Security/ALL-037 E-Authentication Records System of Records (79 FR 46857, August 11, 2014) and Department of Homeland Security/United States Citizenship and Immigration Services011 E- Verify Program System of Records (79 FR 46852, August 11, 2014). As a result of this consolidation, DHS is removing DHS/USCIS-013 from its inventory of systems of records.

The Department of Defense is publishing this notice to announce that it is terminating the Defense Legal Policy Board, effective September 30, 2014.

The Department of Labor (DOL) is submitting the Office of Workers' Compensation Programs (OWCP) sponsored information collection request (ICR) revision titled, ``Miner's Claim for Benefits Under the Black Lung Benefits Act and Employment History,'' 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.). Public comments on the ICR are invited.

The Department of Labor (DOL) is submitting the Office of Workers' Compensation Programs (OWCP) sponsored information collection request (ICR) titled, ``Agreement and Undertaking,'' to the Office of Management and Budget (OMB) for review and approval for continued use, without change, in accordance with the Paperwork Reduction Act of 1995 (PRA), 44 U.S.C. 3501 et seq. Public comments on the ICR are invited.

The Department of Labor (DOL) is submitting the Employment and Training Administration (ETA) sponsored information collection request (ICR) titled, ``Unemployment Insurance State Quality Service Plan Planning and Reporting Guidelines,'' to the Office of Management and Budget (OMB) for review and approval for continued use, without change, in accordance with the Paperwork Reduction Act of 1995 (PRA), 44 U.S.C. 3501 et seq. Public comments on the ICR are invited.

The Department of Defense has submitted to OMB for clearance, the following proposal for collection of information under the provisions of the Paperwork Reduction Act.

The Department of Defense is publishing this notice to announce that the following Federal Advisory Committee meeting of the Defense Health Board will take place. This meeting will be open to the public.

This rule amends the Department of Commerce's (Department) regulations under the Freedom of Information Act (FOIA) and Privacy Act. The FOIA regulations are revised to clarify, update and streamline the language of several procedural provisions, including methods for submitting FOIA requests and appeals and the time limits for filing an administrative appeal, and to incorporate certain changes brought about by the amendments to the FOIA under the OPEN Government Act of 2007. Additionally, the FOIA regulations are updated to reflect developments in the case law. The Privacy Act regulations are revised to clarify, update and streamline several procedural provisions, including the methods for submitting appeals of Privacy Act requests and the time limits for filing a Privacy Act appeal. Additionally, the Privacy Act regulations are updated to make technical changes to the applicable exemptions.

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.