Office of the Secretary August 2022 – Federal Register Recent Federal Regulation Documents
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Proposed Collection; Comment Request
In compliance with the Paperwork Reduction Act of 1995, the Defense Contract Audit Agency announces a proposed public information collection and seeks public comment on the provisions thereof. Comments are invited on: whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; the accuracy of the agency's estimate of the burden of the proposed information collection; ways to enhance the quality, utility, and clarity of the information to be collected; and 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
In compliance with the Paperwork Reduction Act of 1995, CAPE announces a proposed public information collection and seeks public comment on the provisions thereof. Comments are invited on: whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; the accuracy of the agency's estimate of the burden of the proposed information collection; ways to enhance the quality, utility, and clarity of the information to be collected; and 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
In compliance with the Paperwork Reduction Act of 1995, the Office of the Under Secretary of Defense for Personnel and Readiness announces a proposed public information collection and seeks public comment on the provisions thereof. Comments are invited on: whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; the accuracy of the agency's estimate of the burden of the proposed information collection; ways to enhance the quality, utility, and clarity of the information to be collected; and 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.
Guidance Regarding Interpretation of Unfair and Deceptive Practices
The U.S. Department of Transportation (DOT or the Department) is issuing a guidance document to inform the public and regulated entities about DOT's interpretation of the terms unfair, deceptive, and practices as it relates to its statutory authority to prohibit unfair or deceptive practices. The Department is taking this action to better define the terms unfair and deceptive in response to an Executive order issued by President Biden on July 9, 2021, on promoting competition in the American economy.
Medical Malpractice Claims by Members of the Uniformed Services
DoD is publishing this rule to finalize the implementation of requirements of the National Defense Authorization Act (NDAA) for Fiscal Year 2020 permitting members of the uniformed services or their authorized representatives to file claims for personal injury or death caused by a Department of Defense health care provider in certain military medical treatment facilities. Because Federal courts do not have jurisdiction to consider these claims, DoD is issuing this rule to provide uniform standards and procedures for considering and processing these actions.
Defense Policy Board: Notice of Federal Advisory Committee Meeting
The DoD is publishing this notice to announce the following Federal Advisory Committee meeting of the Defense Policy Board (DPB) will take place.
U.S. Court of Appeals for the Armed Forces Proposed Rules Changes
This notice announces a proposed addition and changes to the Rules of Practice and Procedure, United States Court of Appeals for the Armed Forces. Although these rules of practice and procedure fall within the Administrative Procedure Act's exemptions for notice and comment, the Department, as a matter of policy, has decided to make these changes available for public review and comment before they are implemented.
Air Carrier Access Act Advisory Committee; Solicitation for Nominations
The Department is soliciting applications and nominations for memberships to the ACAA Advisory Committee. The ACAA Advisory Committee reviews issues related to the air travel needs of passengers with disabilities.
Privacy Act of 1974; Implementation
The Department of Defense (Department or DoD) is issuing a final rule to amend its regulations to exempt portions of the system of records titled DoD-0008, ``Freedom of Information Act and Privacy Act Records,'' from certain provisions of the Privacy Act of 1974.
Submission for OMB Review; Comment Request
The DoD has submitted to OMB for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act.
Submission for OMB Review; Comment Request
The DoD has submitted to OMB for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act.
Submission for OMB Review; Comment Request
The DoD has submitted to OMB for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act.
Proposed Collection; Comment Request
In compliance with the Paperwork Reduction Act of 1995, the Office of the Under Secretary of Defense for Personnel and Readiness announces a proposed public information collection and seeks public comment on the provisions thereof. Comments are invited on: whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; the accuracy of the agency's estimate of the burden of the proposed information collection; ways to enhance the quality, utility, and clarity of the information to be collected; and 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
In compliance with the Paperwork Reduction Act of 1995, the Office of the Under Secretary of Defense for Personnel and Readiness announces a proposed public information collection and seeks public comment on the provisions thereof. Comments are invited on: whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; the accuracy of the agency's estimate of the burden of the proposed information collection; ways to enhance the quality, utility, and clarity of the information to be collected; and 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
In compliance with the Paperwork Reduction Act of 1995, the Office of the Under Secretary of Defense for Personnel and Readiness announces a proposed public information collection and seeks public comment on the provisions thereof. Comments are invited on: whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; the accuracy of the agency's estimate of the burden of the proposed information collection; ways to enhance the quality, utility, and clarity of the information to be collected; and 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.
Privacy Act of 1974; Department of Transportation, Federal Aviation Administration; DOT/FAA 807 Facility Access Control at the Mike Monroney Aeronautical Center
In accordance with the Privacy Act of 1974, the United States Department of Transportation (DOT), Federal Aviation Administration (FAA), proposes to rename, update and reissue an existing system of records notice currently titled ``Department of Transportation, Federal Aviation Administration, DOT/FAA 807, Traffic Control at the Mike Monroney Aeronautical Center.'' The Mike Monroney Aeronautical Center (MMAC) is located in Oklahoma City, OK and is home to more than 8,000 full[hyphen]time employees and receives 10,000 visitors per month. It encompasses approximately 1,100 acres and 133 buildings and conducts training for DOT/FAA employees and contractors, and other federal employees (including employees of federal agencies who are tenants at the MMAC). Tenants are federal agencies who pay to lease space on the MMAC campus. The Director for the Office of Facilities and Management (AMP-1), the Security and Investigations Division (AMC-700) and the MMAC Operations and Maintenance Division (AMP-300), are responsible for maintaining access control to the facility including the administration of policies, programs and activities related to access to the MMAC facilities, as well as managing tasks related to vehicle registrations, key issuance, visitors (members of the public, including federal employees attending training or special events, short-term vendors, and research participants), as well as tenants and DOT/FAA employees and contractors assigned to the MMAC campus. These functions ensure that only authorized personnel obtain access and entrance to facilities located at the MMAC campus and that pedestrian and vehicular traffic within the campus is controlled and orderly.
Privacy Act of 1974; Department of Transportation, Federal Aviation Administration; DOT/FAA-815; Investigative Record System; System of Record Notice
In accordance with the Privacy Act of 1974, the United States Department of Transportation (DOT), Federal Aviation Administration (FAA) proposes to update and reissue a current DOT system of records titled, ``DOT/FAA-815, Investigative Record System.'' The system collects information on FAA employees, contractors, and members of the public in support of the Personnel Security Background and Internal investigations programs. The records in this system document all official actions taken on individuals who are subject to this notice. This Privacy Act System of Records Notice (SORN) is being updated to include substantial changes to system location, system manager, authority for maintenance, purpose, categories of individuals, categories of records, records source category, routine uses, practices for storage of records, policies and practices for retrieval of records, policies and practices for retention and disposal of records, and exemptions claimed and non-substantial changes to administrative, technical and physical safeguards, records access, contesting records, and notification procedures.
Airline Ticket Refunds and Consumer Protections
The U.S. Department of Transportation (Department or DOT) is proposing to codify its longstanding interpretation that it is an unfair business practice for a U.S. air carrier, a foreign air carrier, or a ticket agent to refuse to provide requested refunds to consumers when a carrier has cancelled or made a significant change to a scheduled flight to, from, or within the United States, and consumers found the alternative transportation offered by the carrier or the ticket agent to be unacceptable. The Department is also proposing to require that U.S. and foreign air carriers and ticket agents provide non-expiring travel vouchers or credits to consumers holding non- refundable tickets for scheduled flights to, from, or within the United States who are unable to travel as scheduled in certain circumstances related to a serious communicable disease. Furthermore, the Department is proposing to require U.S. and foreign air carriers and ticket agents provide refunds, in lieu of non-expiring travel vouchers or credits, if the carrier or ticket agent received significant financial assistance from the government as a result of a public health emergency. The NPRM proposes to allow carriers and ticket agents to require consumers provide evidence to support their assertion of entitlement to a travel voucher, credit, or refund.
Board of Regents, Uniformed Services University of the Health Sciences; Notice of Federal Advisory Committee Meeting
The DoD is publishing this notice to announce that the following Federal Advisory Committee meeting of the Board of Regents, Uniformed Services University of the Health Sciences (BoR USUHS) will take place.
Submission for OMB Review; Comment Request
The DoD has submitted to OMB for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act.
Submission for OMB Review; Comment Request
The DoD has submitted to OMB for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act.
Submission for OMB Review; Comment Request
The DoD has submitted to OMB for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act.
Proposed Collection; Comment Request
In compliance with the Paperwork Reduction Act of 1995, the Defense Health Agency announces a proposed public information collection and seeks public comment on the provisions thereof. Comments are invited on: whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; the accuracy of the agency's estimate of the burden of the proposed information collection; ways to enhance the quality, utility, and clarity of the information to be collected; and 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
In compliance with the Paperwork Reduction Act of 1995, the Defense Health Agency announces a proposed public information collection and seeks public comment on the provisions thereof. Comments are invited on: whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; the accuracy of the agency's estimate of the burden of the proposed information collection; ways to enhance the quality, utility, and clarity of the information to be collected; and 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.
Request OMB Clearance for Agency Request for Reinstatement of a Previously Approved Information Collection: Foreign Air Carrier Application for Statement of Authorization
In compliance with the Paperwork Reduction Act of 1995, the Department of Transportation's Office of the Secretary (OST) invites the general public, industry and other governmental parties to comment on the Foreign Air Carrier Application for Statement of Authorization. The pre-existing information collection request previously approved by the Office of Management and Budget (OMB) expired on July 31, 2022.
Agency Information Collection Activities; Private Rental Survey
In accordance with the Paperwork Reduction Act of 1995, we, the Office of Acquisition and Property Management, Office of the Secretary, Department of the Interior are proposing to renew an information collection.
Findings of Research Misconduct
Findings of research misconduct have been made against Stuart G. Jarrett, Ph.D. (Respondent), former research-track assistant professor, Department of Toxicology and Cancer Biology and Markey Cancer Center, University of Kentucky (UK) College of Medicine. Respondent engaged in research misconduct under 42 CFR part 93 in research supported by U.S. Public Health Service (PHS) funds, specifically National Cancer Institute (NCI), National Institutes of Health (NIH), grants R01 CA131075 and T32 CA165990, National Center for Advancing Translational Sciences (NCATS), NIH, grant UL1 TR000117, and National Institute of Environmental Health Sciences (NIEHS), NIH, grant T32 ES007266. The administrative actions, including debarment for a period of four (4) years, were implemented beginning on July 18, 2022, and are detailed below.
Procedures of the Transportation Security Oversight Board Review Panel Concerning Federal Aviation Administration Airman Certificates
The Department of Homeland Security (DHS) is amending its regulations to codify certain review procedures of the Transportation Security Oversight Board (TSOB) Review Panel. This interim final rule explains the process by which a party appeals the decision of an Administrative Law Judge (ALJ) relating to the determination by the Transportation Security Administration (TSA) that an individual holding a Federal Aviation Administration (FAA) certificate poses or is suspected of posing a security threat. Publishing and codifying the procedures will enhance the TSOB review process by providing clarity to members of the Review Panel and litigants concerning filing deadlines, the form of motions and briefs, the administration of hearings, the standard of review, and the effect of TSOB Review Panel decisions. Providing clarity will reduce misconceptions about the intended process, encourage the uniform treatment of litigants, and promote consistent outcomes. Also, advance knowledge of the procedures will enable prospective parties to make informed decisions concerning whether to seek an appeal of an ALJ's decision. DHS invites comment on the interim final rule and will issue a final rule following consideration of the comments received.
Proposed Collection; Comment Request
In compliance with the Paperwork Reduction Act of 1995, the Office of the Under Secretary of Defense for Personnel and Readiness announces a proposed public information collection and seeks public comment on the provisions thereof. Comments are invited on: whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; the accuracy of the agency's estimate of the burden of the proposed information collection; ways to enhance the quality, utility, and clarity of the information to be collected; and 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.
Defense Science Board; Notice of Federal Advisory Committee Meeting
The DoD is publishing this notice to announce that the following Federal Advisory Committee meeting of the Defense Science Board (DSB) will take place.
Unified Agenda of Federal Regulatory and Deregulatory Actions
The Secretary of Education publishes a semiannual agenda of Federal regulatory and deregulatory actions. The agenda is issued under the authority of section 4(b) of Executive Order 12866, ``Regulatory Planning and Review.'' The purpose of the agenda is to encourage more effective public participation in the regulatory process by providing the public with early information about the regulatory actions we plan to take.
Regulatory Agenda
The Regulatory Flexibility Act of 1980 and Executive Order (E.O.) 12866 require the semiannual issuance of an inventory of rulemaking actions under development throughout the Department, offering for public review summarized information about forthcoming regulatory actions.
Spring 2022 Semiannual Agenda of Regulations
In compliance with Executive Order 12866, entitled ``Regulatory Planning and Review,'' and the Regulatory Flexibility Act, as amended, the Department of Commerce (Commerce), in the spring and fall of each year, publishes in the Federal Register an agenda of regulations under development or review over the next 12 months. Rulemaking actions are grouped according to pre-rulemaking, proposed rules, final rules, long-term actions, and rulemaking actions completed since the fall 2021 agenda. The purpose of the Agenda is to provide information to the public on regulations that are currently under review, being proposed, or recently issued by Commerce. It is expected that this information will enable the public to participate more effectively in the Department's regulatory process. Commerce's spring 2022 regulatory agenda includes regulatory activities that are expected to be conducted during the period June 1, 2022, through May 31, 2023.
Semiannual Regulatory Agenda, Spring 2022
This agenda provides summary descriptions of the significant and not significant regulations being developed in agencies of the U.S. Department of Agriculture (USDA) in conformance with Executive Orders 12866 ``Regulatory Planning and Review,'' and 13563, ``Improving Regulation and Regulatory Review.'' The agenda also describes regulations affecting small entities as required by section 602 of the Regulatory Flexibility Act, Public Law 96-354. This agenda also identifies regulatory actions that are being reviewed in compliance with section 610(c) of the Regulatory Flexibility Act. We invite public comment on those actions as well as any regulation consistent with Executive Order 13563. USDA has attempted to list all regulations and regulatory reviews pending at the time of publication except for minor and routine or repetitive actions, but some may have been inadvertently missed. There is no legal significance to the omission of an item from this listing. Also, the dates shown for the steps of each action are estimated and are not commitments to act on or by the date shown. USDA's complete regulatory agenda is available online at www.reginfo.gov. Because publication in the Federal Register is mandated for the regulatory flexibility agendas required by the Regulatory Flexibility Act (5 U.S.C. 602), USDA's printed agenda entries include only: (1) Rules that are likely to have a significant economic impact on a substantial number of small entities; and (2) Rules identified for periodic review under section 610 of the Regulatory Flexibility Act.
Proposed Collection; Comment Request
In compliance with the Paperwork Reduction Act of 1995, the Office of the Under Secretary of Defense for Personnel and Readiness announces a proposed public information collection and seeks public comment on the provisions thereof. Comments are invited on: whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; the accuracy of the agency's estimate of the burden of the proposed information collection; ways to enhance the quality, utility, and clarity of the information to be collected; and 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.
Senior Executive Service Performance Review Board Membership
DOT published the names of the persons selected to serve on Departmental PRBs.
Notice of Teleconference Meeting of the Exxon Valdez
In accordance with the Federal Advisory Committee Act, the Department of the Interior, Office of the Secretary, is announcing that the Exxon Valdez Oil Spill (EVOS) Public Advisory Committee (PAC) will meet by video teleconference as noted below.
Proposed Collection; Comment Request
In compliance with the Paperwork Reduction Act of 1995, the Chief Management Office announces a proposed public information collection and seeks public comment on the provisions thereof. Comments are invited on: whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; the accuracy of the agency's estimate of the burden of the proposed information collection; ways to enhance the quality, utility, and clarity of the information to be collected; and 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.
Findings of Research Misconduct
Findings of research misconduct have been made against Deepak Kaushal, Ph.D. (Respondent), Professor and Director, Southwest National Primate Research Center, Host Pathogen Interactions Program, Texas Biomedical Research Institute (TBRI). Respondent engaged in research misconduct in research supported by U.S. Public Health Service (PHS) funds, specifically National Institute of Allergy and Infectious Diseases (NIAID), National Institutes of Health (NIH), grants U19 AI111211, R01 AI111943, R01 AI123047, R01 AI134240, K24 AI058609, and K24 AI114444, and Office of the Director, NIH, grants P51 OD011104 and P51 OD011133. The administrative actions, including supervision for a period of one (1) year, were implemented beginning on July 22, 2022, and are detailed below.
Proposed Collection; Comment Request
In compliance with the Paperwork Reduction Act of 1995, the Office of the Under Secretary of Defense for Personnel and Readiness announces a proposed public information collection and seeks public comment on the provisions thereof. Comments are invited on: whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; the accuracy of the agency's estimate of the burden of the proposed information collection; ways to enhance the quality, utility, and clarity of the information to be collected; and 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.
Defense Business Board; Notice of Federal Advisory Committee Meeting
The DoD is publishing this notice to announce that the following Federal Advisory Committee meeting of the Defense Business Board (``the Board'') will take place.
Semiannual Regulatory Agenda
This notice provides the semiannual agenda of Department of the Interior (Department) rules scheduled for review or development between Spring 2022 and Spring 2023. The Regulatory Flexibility Act and Executive Order 12866 require publication of the agenda.
Unified Agenda of Federal Regulatory and Deregulatory Actions
This regulatory agenda is a semiannual summary of projected regulations, existing regulations, and completed actions of the Department of Homeland Security (DHS) and its components. This agenda provides the public with information about DHS's regulatory and deregulatory activity. DHS expects that this information will enable the public to be more aware of, and effectively participate in, the Department's regulatory and deregulatory activity. DHS invites the public to submit comments on any aspect of this agenda.
Department Regulatory and Deregulatory Agenda; Semiannual Summary
The Regulatory Agenda is a semiannual summary of all current and projected rulemakings, reviews of existing regulations, and completed actions of the Department of Transportation. The Agenda provides the public information about the Department of Transportation's planned regulatory activity for the next 12 months. This information enables the public to participate in the Department's regulatory process. The public is encouraged to submit comments on any aspect of this Agenda.
Semiannual Agenda of Regulations
The internet has become the means for disseminating the entirety of the Department of Labor's semiannual regulatory agenda. However, the Regulatory Flexibility Act requires publication of a regulatory flexibility agenda in the Federal Register. This Federal Register Notice contains the regulatory flexibility agenda.
Aviation Consumer Protection Advisory Committee; Notice of Public Meeting
This Notice announces the public meeting of the Aviation Consumer Protection Advisory Committee (ACPAC), to be held virtually on the topic of airline ticket refunds and related consumer protection matters.
Findings of Research Misconduct
Findings of research misconduct have been made against Janina Jiang, M.D., Ph.D. (Respondent), former Assistant Researcher in the Department of Pathology & Laboratory Medicine at the David Geffen School of Medicine, University of California, Los Angeles (UCLA). Respondent engaged in research misconduct in research included in grant applications submitted for U.S. Public Health Service (PHS) funds, specifically R43 CA228629-01 submitted to the National Cancer Institute (NCI), National Institutes of Health (NIH), UL1 TR000124 submitted to the National Center for Advancing Translational Sciences (NCATS), NIH, and P01 AI131294-01, R01 AI126914-01, R21 AI131013-01, R21 AI131451-01, R21 AI131451-01A1, R21 AI142068-01, R43 AI136224-01, R44 AI126960-01, and R44 AI128983-01 submitted to the National Institute of Allergy and Infectious Diseases (NIAID), NIH. The administrative actions, including supervision for a period of three (3) years, were implemented beginning on July 22, 2022, and are detailed below.
Electronic Signatures, Forms and Storage for Drug and Alcohol Testing Records
The Department of Transportation (DOT) requests public comment on how its regulations for conducting workplace drug and alcohol testing for the federally regulated transportation industry could be amended to allow electronic signatures on documents required to be created and utilized under the regulations, to be able to use electronic versions of forms, and to electronically store forms and data. The regulatory changes would apply to DOT-regulated employers and their contractors (``service agents'') who administer their DOT- regulated drug and alcohol testing programs. Currently, employers and their service agents must use, sign and store paper documents exclusively, unless the employer is utilizing a laboratory's electronic Federal Drug Testing Custody and Control Form (electronic CCF) system that has been approved by the Department of Health and Human Services (HHS). DOT is required by statute to amend its regulations to authorize, to the extent practicable, the use of electronic signatures or digital signatures executed to electronic forms instead of traditional handwritten signatures executed on paper forms. This rulemaking also responds to an April 2, 2020, petition for rulemaking from DISA Global Solutions, Inc. (DISA), requesting that part 40 be amended to allow the use of an electronic version of the alcohol testing form (ATF) for DOT-authorized alcohol testing. The information received in response to this ANPRM will assist DOT in the development of proposed regulatory amendments intended to provide additional flexibility and reduced costs for the industry while maintaining the integrity and confidentiality requirements of the drug and alcohol testing regulations.
Extension of the Comprehensive Autism Care Demonstration for TRICARE Eligible Beneficiaries Diagnosed With Autism Spectrum Disorder
This notice provides a five-year extension to the Military Health System's (MHS) demonstration project entitled Comprehensive ACD (the ``Demonstration''), which is authorized to render clinically necessary and appropriate ABA services for the core symptoms of ASD. The purpose of the Demonstration is to analyze and evaluate the appropriateness of the ABA services tiered delivery model under TRICARE (the medical benefit) in light of current and anticipated practice guidelines. In addition to a pending independent research study and a Congressionally-required independent National Academies of Sciences, Engineering, and Medicine analysis, based on the agency's experience in administering ABA services under the Demonstration (including engagements with beneficiaries, providers, advocates, associations, and other payers), more data collection and analysis is required to determine the appropriate structure of implementing ABA services as either a medical treatment or other modality, under the TRICARE program coverage requirements.
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