Texas Register, Volume 37, Number 39, Pages 7533-7814, September 28, 2012 (open access)

Texas Register, Volume 37, Number 39, Pages 7533-7814, September 28, 2012

A weekly publication, the Texas Register serves as the journal of state agency rulemaking for Texas. Information published in the Texas Register includes proposed, adopted, withdrawn and emergency rule actions, notices of state agency review of agency rules, governor's appointments, attorney general opinions, and miscellaneous documents such as requests for proposals. After adoption, these rulemaking actions are codified into the Texas Administrative Code.
Date: September 28, 2012
Creator: Texas. Secretary of State.
Object Type: Journal/Magazine/Newsletter
System: The Portal to Texas History
Texas Legislative Budget Board Annual Financial Report: 2012 (open access)

Texas Legislative Budget Board Annual Financial Report: 2012

Annual financial report of the Texas Legislative Budget Board for fiscal year 2012, including financial statements detailing funds and accounts, revenues and expenditures, and other relevant data and notes.
Date: September 28, 2012
Creator: Texas. Legislative Budget Board.
Object Type: Report
System: The Portal to Texas History
Department of Homeland Security: Efforts to Assess Realignment of Its Field Office Structure (open access)

Department of Homeland Security: Efforts to Assess Realignment of Its Field Office Structure

Correspondence issued by the Government Accountability Office with an abstract that begins "DHS reported taking some steps to assess the realignment of its regional/field office structure. Since submitting an initial plan to Congress in 2004 that outlined regionalization, consolidation, and colocation opportunities, DHS officials said the agency considered the potential implementation of a unified regional field office structure through two major initiatives--the 2004 I-Staff review and the department's 2010 BUR. However, the I-Staff Regional Concept of Operations was not finalized or adopted, and in April 2012 a senior DHS official involved in the BUR effort stated that DHS no longer intends to implement the BUR recommendation related to regionalization because it is no longer the department's preferred approach. DHS had limited or no documentation related to either of these reviews, including the resulting key decisions from the efforts. As a result, we are unable to determine the extent to which DHS has fully considered the realignment of its regional/field office structure, including costs and benefits, since 2004. Standards for Internal Control in the Federal Government calls for clear documentation of significant events, which include assumptions and methods surrounding key decisions, and the standards also state that this documentation should be …
Date: September 28, 2012
Creator: United States. Government Accountability Office.
Object Type: Text
System: The UNT Digital Library
Department of Homeland Security: Taking Further Action to Better Determine Causes of Morale Problems Would Assist in Targeting Action Plans (open access)

Department of Homeland Security: Taking Further Action to Better Determine Causes of Morale Problems Would Assist in Targeting Action Plans

A letter report issued by the Government Accountability Office with an abstract that begins "Department of Homeland Security (DHS) employees reported having lower average morale than the average for the rest of the federal government, but morale varied across components and employee groups within the department. Data from the 2011 Office of Personnel Management (OPM) Federal Employee Viewpoint Survey (FEVS)--a tool that measures employees' perceptions of whether and to what extent conditions characterizing successful organizations are present in their agencies--showed that DHS employees had 4.5 percentage points lower job satisfaction and 7.0 percentage points lower engagement in their work overall. Engagement is the extent to which employees are immersed in their work and spending extra effort on job performance. Moreover, within most demographic groups available for comparison, DHS employees scored lower on average satisfaction and engagement than the average for the rest of the federal government. For example, within most pay categories DHS employees reported lower satisfaction and engagement than non-DHS employees in the same pay groups. Levels of satisfaction and engagement varied across components, with some components reporting scores above the non-DHS averages. Several components with lower morale, such as Transportation Security Administration (TSA) and Immigration and Customs Enforcement …
Date: September 28, 2012
Creator: United States. Government Accountability Office.
Object Type: Report
System: The UNT Digital Library
Medicare: Higher Use of Advanced Imaging Services by Providers Who Self-Refer Costing Medicare Millions (open access)

Medicare: Higher Use of Advanced Imaging Services by Providers Who Self-Refer Costing Medicare Millions

A letter report issued by the Government Accountability Office with an abstract that begins "From 2004 through 2010, the number of self-referred and non-self-referred advanced imaging services--magnetic resonance imaging (MRI) and computed tomography (CT) services--both increased, with the larger increase among self-referred services. For example, the number of self-referred MRI services increased over this period by more than 80 percent, compared with an increase of 12 percent for non-self-referred MRI services. Likewise, the growth rate of expenditures for self-referred MRI and CT services was also higher than for non-self-referred MRI and CT services."
Date: September 28, 2012
Creator: United States. Government Accountability Office.
Object Type: Report
System: The UNT Digital Library
Warfighter Support: DOD Should Improve Development of Camouflage Uniforms and Enhance Collaboration Among the Services (open access)

Warfighter Support: DOD Should Improve Development of Camouflage Uniforms and Enhance Collaboration Among the Services

A letter report issued by the Government Accountability Office with an abstract that begins "The military services have a degree of discretion regarding whether and how to apply Department of Defense (DOD) acquisition guidance for their uniform development and they varied in their usage of that guidance. As a result, the services had fragmented procedures for managing their uniform development programs, and did not consistently develop effective camouflage uniforms. GAO identified two key elements that are essential for producing successful outcomes in acquisitions: 1) using clear policies and procedures that are implemented consistently, and 2) obtaining effective information to make decisions, such as credible, reliable, and timely data. The Marine Corps followed these two key elements to produce a successful outcome, and developed a uniform that met its requirements. By contrast, two other services, the Army and Air Force, did not follow the two key elements; both services developed uniforms that did not meet mission requirements and had to replace them. Without additional guidance from DOD on the use of clear policies and procedures and a knowledge-based approach, the services may lack assurance that they have a disciplined approach to set requirements and develop new uniforms that meet operational needs."
Date: September 28, 2012
Creator: United States. Government Accountability Office.
Object Type: Report
System: The UNT Digital Library
VA and DOD Health Care: Department-Level Actions Needed to Assess Collaboration Performance, Address Barriers, and Identify Opportunities (open access)

VA and DOD Health Care: Department-Level Actions Needed to Assess Collaboration Performance, Address Barriers, and Identify Opportunities

A letter report issued by the Government Accountability Office with an abstract that begins "The Department of Veterans Affairs (VA) and Department of Defense (DOD) do not require that all collaboration sites--locations where the two departments share health care resources through hundreds of agreements and projects--develop and use performance measures to assess their effectiveness and efficiency. Officials cited several reasons for this, including not wanting to overburden sites with measures and monitoring requirements. Although VA and DOD require some limited performance information--such as the return on investment for pilot projects--without comprehensive performance measures, they lack information that could help decision makers assess collaboration sites' overall progress in meeting the departments' shared goals of improved health care access, quality, and costs; identify areas for improvement; and make informed decisions. Also, the departments cannot document the overall cost effectiveness of their collaboration efforts. In the absence of required measures for all sites, some have developed their own, but these fragmented efforts do not provide sufficient information about the overall results of collaborations."
Date: September 28, 2012
Creator: United States. Government Accountability Office.
Object Type: Report
System: The UNT Digital Library
Trade Adjustment Assistance: Changes to the Workers Program Benefited Participants  but Little Is Known about Outcomes (open access)

Trade Adjustment Assistance: Changes to the Workers Program Benefited Participants but Little Is Known about Outcomes

A letter report issued by the Government Accountability Office with an abstract that begins "The Department of Labor (Labor) was challenged to process the substantial increase in petitions filed for the Trade Adjustment Assistance (TAA) for Workers program after related legislation was enacted in 2009. Labor initially had insufficient capacity to handle this increased workload, leading to processing delays and data recording errors. For example, in the quarter after the 2009 legislation took effect, Labor took an average of 153 days to process a petition—nearly four times the statutory limit. Labor responded with corrective action, including hiring new staff and adding additional quality control steps for processing petitions. Partly as a result of these efforts, processing times fell substantially. Moreover, GAO found that Labor's petition investigation process, as of June 2012, generally conformed to best practices for internal controls."
Date: September 28, 2012
Creator: United States. Government Accountability Office.
Object Type: Report
System: The UNT Digital Library
Government Contracting: Federal Efforts to Assist Small Minority Owned Businesses (open access)

Government Contracting: Federal Efforts to Assist Small Minority Owned Businesses

A letter report issued by the Government Accountability Office with an abstract that begins "While their views varied to some degree, federal agency officials and advocacy groups GAO contacted identified a number of challenges that small, minority-owned businesses may face in pursuing federal government contracts. For example, officials and advocacy groups pointed to a lack of performance history and knowledge of the federal contracting process as significant barriers. Officials from advocacy groups cited additional challenges, such as difficulty gaining access to contracting officials and decreased contracting opportunities resulting from contract bundling—the consolidation of two or more contracts previously performed under smaller contracts, into a single contract. Officials from agencies that accounted for 70 percent of federal contracting with small, minority-owned businesses—(the Departments of Defense, Health and Human Services, and Homeland Security, and the General Services Administration) told GAO that they conducted outreach to help small, minority-owned businesses with these challenges. Their outreach efforts include one-on-one interviews between contracting office staff and businesses seeking federal contracts. Linguistic and cultural barriers were identified as a challenge on a limited basis."
Date: September 28, 2012
Creator: United States. Government Accountability Office.
Object Type: Report
System: The UNT Digital Library
Food Safety: FDA Can Better Oversee Food Imports by Assessing and Leveraging Other Countries' Oversight Resources (open access)

Food Safety: FDA Can Better Oversee Food Imports by Assessing and Leveraging Other Countries' Oversight Resources

A letter report issued by the Government Accountability Office with an abstract that begins "We identified five major actions the Food and Drug Administration (FDA) is to complete under the FDA Food Safety Modernization Act (FSMA) to establish a reliable system that uses third-party audits conducted by foreign governments or other third parties to help ensure food safety. FDA officials and others report that each of these actions presents challenges that must be addressed. First, FDA is to develop new preventive controls and related guidance for all of the foods under its jurisdiction--such as produce, milk, cheese, spices, soft drinks, and processed foods--and will need to develop appropriate training, particularly for foreign producers and processors, which poses a challenge because FDA is responsible for a variety of food industries. Second, FDA is to establish a voluntary user fee program for importers that encourages the use of third-party certifications, and it faces a challenge in developing a program that encourages importers to participate. Third, FDA has to develop a system for recognizing accreditation bodies that can accredit third parties to certify foreign food facilities and is likely to face a challenge in addressing foreign governments' concerns about being evaluated by an …
Date: September 28, 2012
Creator: United States. Government Accountability Office.
Object Type: Report
System: The UNT Digital Library
Trade Adjustment Assistance: Labor Awarded Community College Grants in Accordance with Requirements, but Needs to Improve Its Process (open access)

Trade Adjustment Assistance: Labor Awarded Community College Grants in Accordance with Requirements, but Needs to Improve Its Process

A letter report issued by the Government Accountability Office with an abstract that begins "The Department of Labor (Labor) designed and awarded the grants following its standard competitive award process by developing and publishing an announcement, screening applicants, and convening expert panels to score applications. It also collaborated with the Department of Education to develop the announcement and identify panelists. Though they varied in terms of target populations, as permitted by the grant, the applications GAO reviewed addressed trade impact, as required. However, the law’s requirement that every state receive a minimum amount of funding created challenges for Labor and certain grantees when applicants in 17 states scored below the cutoff score for grant awards. In these instances, Labor’s process stipulated that states designate an eligible institution. States, however, were given a 3-day deadline—over a weekend—to designate a grantee. As a result, these states had little time to identify an institution. The states that GAO contacted said that they found this process challenging or confusing and that they received no guidance from Labor. Moreover, state-designated grantees experienced delays in implementing their grants and required assistance from Labor to modify their original proposals and comply with grant requirements. Labor has identified …
Date: September 28, 2012
Creator: United States. Government Accountability Office.
Object Type: Report
System: The UNT Digital Library
Medicare Part D Coverage Gap: Discount Program Effects and Brand-Name Drug Price Trends (open access)

Medicare Part D Coverage Gap: Discount Program Effects and Brand-Name Drug Price Trends

A letter report issued by the Government Accountability Office with an abstract that begins "As part of Medicare's Part D Coverage Gap Discount Program (Discount Program), the Centers for Medicare & Medicaid Services (CMS), located within the Department of Health and Human Services (HHS), oversees the provision of discounts by plan sponsors to eligible beneficiaries when they purchase brand-name drugs and monitors that discounts are paid for by drug manufacturers. CMS checks prescription drug data to verify that sponsors provide accurate discounts at the point-of-sale to eligible beneficiaries in the coverage gap. These checks include verifying whether a beneficiary has reached the coverage gap and that the plan sponsor has calculated the discount amount correctly. CMS also tracks that manufacturers pay plan sponsors for the discounts sponsors have provided to beneficiaries and has implemented a dispute resolution process for manufacturers disputing discount payment amounts. CMS also performs other activities such as monitoring beneficiary complaints related to the program."
Date: September 28, 2012
Creator: United States. Government Accountability Office.
Object Type: Report
System: The UNT Digital Library
Farm Safety Net Provisions in a 2012 Farm Bill: S. 3240 and H.R. 6083 (open access)

Farm Safety Net Provisions in a 2012 Farm Bill: S. 3240 and H.R. 6083

None
Date: September 28, 2012
Creator: Shields, Dennis A. & Schnepf, Randy
Object Type: Report
System: The UNT Digital Library
The Family and Medical Leave Act (FMLA): An Overview (open access)

The Family and Medical Leave Act (FMLA): An Overview

This report is categorized into four categories: (I) Legislative History, (II) The Major Provisions of the Family and Medical Leave Act (FMLA), (III) Administration of FMLA Leave and (IV) Enforcement of the FMLA.
Date: September 28, 2012
Creator: Mayer, Gerald
Object Type: Report
System: The UNT Digital Library
Israel: Possible Military Strike Against Iran’s Nuclear Facilities (open access)

Israel: Possible Military Strike Against Iran’s Nuclear Facilities

This report analyzes key factors that may influence Israeli political decisions relating to a possible strike on Iranian nuclear facilities.
Date: September 28, 2012
Creator: Zanotti, Jim; Katzman, Kenneth; Gertler, Jeremiah & Hildreth, Steven A.
Object Type: Report
System: The UNT Digital Library
Child Welfare: Social Security and Supplemental Security Income (SSI) Benefits for Children in Foster Care (open access)

Child Welfare: Social Security and Supplemental Security Income (SSI) Benefits for Children in Foster Care

This report begins with a discussion of the foster care system and the Social Security benefits available to eligible children, including those in foster care. It then describes the role of representative payees and their responsibilities. The report provides data on the use of Social Security benefits to reimburse states for child welfare, and includes a discussion of the Keffeler decision. Finally, the report concludes with proposals supported by some advocates to change the current practice of using SSI and other Social Security benefits to fund foster care.
Date: September 28, 2012
Creator: Moulta-Ali, Umar; Fernandes-Alcantara, Adrienne L. & Stoltzfus, Emilie
Object Type: Report
System: The UNT Digital Library
Final Technical Report for "Ice nuclei relation to aerosol properties: Data analysis and model parameterization for IN in mixed-phase clouds" (DOE/SC00002354) (open access)

Final Technical Report for "Ice nuclei relation to aerosol properties: Data analysis and model parameterization for IN in mixed-phase clouds" (DOE/SC00002354)

Clouds play an important role in weather and climate. In addition to their key role in the hydrologic cycle, clouds scatter incoming solar radiation and trap infrared radiation from the surface and lower atmosphere. Despite their importance, feedbacks involving clouds remain as one of the largest sources of uncertainty in climate models. To better simulate cloud processes requires better characterization of cloud microphysical processes, which can affect the spatial extent, optical depth and lifetime of clouds. To this end, we developed a new parameterization to be used in numerical models that describes the variation of ice nuclei (IN) number concentrations active to form ice crystals in mixed-phase (water droplets and ice crystals co-existing) cloud conditions as these depend on existing aerosol properties and temperature. The parameterization is based on data collected using the Colorado State University continuous flow diffusion chamber in aircraft and ground-based campaigns over a 14-year period, including data from the DOE-supported Mixed-Phase Arctic Cloud Experiment. The resulting relationship is shown to more accurately represent the variability of ice nuclei distributions in the atmosphere compared to currently used parameterizations based on temperature alone. When implemented in one global climate model, the new parameterization predicted more realistic annually averaged …
Date: September 28, 2012
Creator: DeMott, Paul J.; Prenni, Anthony J. & Kreidenweis, Sonia M.
Object Type: Report
System: The UNT Digital Library
Treatability Test Report: Characterization of Vadose Zone Carbon Tetrachloride Source Strength Using Tomographic Methods at the 216-Z-9 Site (open access)

Treatability Test Report: Characterization of Vadose Zone Carbon Tetrachloride Source Strength Using Tomographic Methods at the 216-Z-9 Site

A treatability test was conducted in 2011 at the 216-Z-9 Trench to evaluate methods for collecting characterization information that supports refined assessment of SVE performance goals based on impact to groundwater. The characterization information can also provide input to operational strategies for continued SVE operation and decisions regarding closure of the SVE system or transition to other remedies, if necessary.
Date: September 28, 2012
Creator: Truex, Michael J.; Carroll, Kenneth C.; Rohay, Virginia J.; Mackley, Rob D. & Parker, Kyle R.
Object Type: Report
System: The UNT Digital Library
Characteristics of STP Pre-2004 Archived KE Basin Sludge Samples Before and After Re-Jarring in the RPL - April 2012 (open access)

Characteristics of STP Pre-2004 Archived KE Basin Sludge Samples Before and After Re-Jarring in the RPL - April 2012

This report describes results of work performed in the Shielded Analytical Laboratory (SAL) at the Pacific Northwest National Laboratory’s (PNNL) Radiochemical Processing Laboratory (RPL) with archive K East (KE) Basin sludge samples obtained before the year 2004, with some of them composited and initially characterized five years ago (Delegard et al. 2011). The previously performed testing included the physical properties determinations for selected samples (settled and particle densities, water and solids concentrations), the pH, as well as identification of crystalline phases by X-ray diffractometry (XRD) for selected samples. Another objective of the previous characterization and testing campaign was to transfer some sludge composites and individual samples into new storage containers to overcome the embrittlement effect which develops in original glass containers as a result of extended exposure to high radiation fields and which increases probability of sample loss.
Date: September 28, 2012
Creator: Sinkov, Sergey I.; Delegard, Calvin H.; Schmidt, Andrew J. & Chenault, Jeffrey W.
Object Type: Report
System: The UNT Digital Library
My Experience at Lawrence Livermore National Laboratory (open access)

My Experience at Lawrence Livermore National Laboratory

None
Date: September 28, 2012
Creator: Slavick, J.
Object Type: Report
System: The UNT Digital Library
Process Formulations And Curing Conditions That Affect Saltstone Properties (open access)

Process Formulations And Curing Conditions That Affect Saltstone Properties

The first objective of this study was to analyze saltstone fresh properties to determine the feasibility of reducing the formulation water to premix (w/p) ratio while varying the amount of extra water and admixtures used during processing at the Saltstone Production Facility (SPF). The second part of this study was to provide information for understanding the impact of curing conditions (cure temperature, relative humidity (RH)) and processing formulation on the performance properties of cured saltstone.
Date: September 28, 2012
Creator: Reigel, M. M.; Pickenheim, B. R. & Daniel, W. E.
Object Type: Report
System: The UNT Digital Library
Advanced Simulation Capability for Environmental Management (ASCEM) Phase II Demonstration (open access)

Advanced Simulation Capability for Environmental Management (ASCEM) Phase II Demonstration

In 2009, the National Academies of Science (NAS) reviewed and validated the U.S. Department of Energy Office of Environmental Management (EM) Technology Program in its publication, Advice on the Department of Energy’s Cleanup Technology Roadmap: Gaps and Bridges. The NAS report outlined prioritization needs for the Groundwater and Soil Remediation Roadmap, concluded that contaminant behavior in the subsurface is poorly understood, and recommended further research in this area as a high priority. To address this NAS concern, the EM Office of Site Restoration began supporting the development of the Advanced Simulation Capability for Environmental Management (ASCEM). ASCEM is a state-of-the-art scientific approach that uses an integration of toolsets for understanding and predicting contaminant fate and transport in natural and engineered systems. The ASCEM modeling toolset is modular and open source. It is divided into three thrust areas: Multi-Process High Performance Computing (HPC), Platform and Integrated Toolsets, and Site Applications. The ASCEM toolsets will facilitate integrated approaches to modeling and site characterization that enable robust and standardized assessments of performance and risk for EM cleanup and closure activities. During fiscal year 2012, the ASCEM project continued to make significant progress in capabilities development. Capability development occurred in both the Platform and …
Date: September 28, 2012
Creator: Freshley, M.; Hubbard, S.; Flach, G.; Freedman, V.; Agarwal, D.; Andre, B. et al.
Object Type: Report
System: The UNT Digital Library
Lead Slowing-Down Spectrometry Time Spectral Analysis for Spent Fuel Assay: FY12 Status Report (open access)

Lead Slowing-Down Spectrometry Time Spectral Analysis for Spent Fuel Assay: FY12 Status Report

Executive Summary Developing a method for the accurate, direct, and independent assay of the fissile isotopes in bulk materials (such as used fuel) from next-generation domestic nuclear fuel cycles is a goal of the Office of Nuclear Energy, Fuel Cycle R&D, Material Protection and Control Technology (MPACT) Campaign. To meet this goal, MPACT supports a multi-institutional collaboration, of which PNNL is a part, to study the feasibility of Lead Slowing Down Spectroscopy (LSDS). This technique is an active nondestructive assay method that has the potential to provide independent, direct measurement of Pu and U isotopic masses in used fuel with an uncertainty considerably lower than the approximately 10% typical of today’s confirmatory methods. This document is a progress report for FY2012 PNNL analysis and algorithm development. Progress made by PNNL in FY2012 continues to indicate the promise of LSDS analysis and algorithms applied to used fuel assemblies. PNNL further refined the semi-empirical model developed in FY2011 based on singular value decomposition (SVD) to numerically account for the effects of self-shielding. The average uncertainty in the Pu mass across the NGSI-64 fuel assemblies was shown to be less than 3% using only six calibration assemblies with a 2% uncertainty in the …
Date: September 28, 2012
Creator: Kulisek, Jonathan A.; Anderson, Kevin K.; Casella, Andrew M.; Siciliano, Edward R. & Warren, Glen A.
Object Type: Report
System: The UNT Digital Library
Hybrid Arc Cell Studies: Status Report (open access)

Hybrid Arc Cell Studies: Status Report

I report on the status, at the end of FY12, of the studies of an arc cell for a hybrid synchrotron accelerating from 375 GeV/c to 750 GeV/c in momentum. Garren produced a complete lattice that gives a good outline of the structure of a hybrid synchrotron lattice. It is, however, lacking in some details: it does not maintain a constant time of flight, it lacks chromaticity correction, its cell structure is not ideal for removing aberrations from chromaticity correction, and it probably needs more space between magnets. I have begun studying cell structures for the arc cells to optimize the lattice performance and cost. I present some preliminary results for two magnets per half cell. I then discuss difficulties encountered, some preliminary attempts at resolving them, and the future plans for this work.
Date: September 28, 2012
Creator: S., Berg J.
Object Type: Report
System: The UNT Digital Library