Department of Defense 2010 – Federal Register Recent Federal Regulation Documents

The National Defense University (NDU), Designated Federal Officer, has scheduled a meeting of the Board of Visitors for November 4 and 5, 2010, in Washington, DC. The National Defense University Board of Visitors is a Federal Advisory Board. The Board meets twice a year in proceedings that are open to the public.

In accordance with 35 U.S.C. 209(e), and 37 CFR 404.7 (a)(1)(i) and 404.7(b)(1)(i), announcement is made of the intent to grant a field of use exclusive, revocable license for the field of prevention and/or therapeutic treatment of vaccinia virus infections or other orthopoxvirus infections to the inventions claimed in U.S. Patent No. 6,451,309 entitled ``Prophylactic and Therapeutic Monoclonal Antibodies,'' issued September 17, 2002, and U.S. Patent No. 6,620,412 entitled ``Prophylactic and Therapeutic Monoclonal Antibodies,'' issued September 16, 2003, which is a continuation of U.S. Patent No. 6,451,309, and related foreign patents and patent applications (PCT/ US2001/04520) to Biofactura, Inc., with its principal place of business at 9430 Key West Avenue, Suite 125, Rockville, MD 20850-6345.

The Department of the Army announces the availability of an FEIS for Fort Lewis and YTC that analyzes the environmental impacts of implementing the decisions in the 2007 Army Growth and Force Structure Realignment Programmatic EIS (also referred to as the Grow The Army PEIS or GTA PEIS) and other ongoing Army realignment and stationing initiatives, such as the potential for Combat Aviation Brigade (CAB) stationing that may potentially effect Fort Lewis and YTC. The Proposed Action could station up to 5,700 Soldiers and their Families at Fort Lewis. The Proposed Action includes the stationing of 1,900 Soldiers directed under the GTA PEIS, the potential additional stationing of up to 1,000 combat service support (CSS) Soldiers, and the potential stationing of a medium Combat Aviation Brigade (CAB) of approximately 2,800 Soldiers for a total of up to 5,700 Soldiers. After reviewing the alternatives analyzed in the FEIS, the Army has identified Alternative 4 as its preferred alternative, which includes all components of the GTA, CSS, and CAB alternatives (up to a total of 5,700 Soldiers and 8,260 family members).

The Chief of Naval Operations (CNO) Executive Panel will deliberate on the findings and proposed recommendations of the Technical Diversity Subcommittee to the CNO. The meeting will consist of discussions of current and future Navy strategy, plans, and policies regarding the utilization of technically diverse systems, primarily associated with information management systems.

Section 342(b) of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 1995, Public Law 103-337, (10 U.S.C. 2358 note), as amended by section 1109 of NDAA for FY 2000, Public Law 106- 65, and section 1114 of NDAA for FY 2001, Public Law 106-398, authorizes the Secretary of Defense to conduct personnel demonstration projects at DoD laboratories designated as Science and Technology Reinvention Laboratories (STRLs). The above-cited legislation authorizes DoD to conduct demonstration projects to determine whether a specified change in personnel management policies or procedures would result in improved Federal personnel management. Section 1105 of the NDAA for FY 2010, Public Law 111-84, 123 Stat. 2486, October 28, 2009, designates additional DoD laboratories as STRLs for the purpose of designing and implementing personnel management demonstration projects for conversion of employees from the personnel system which applied on October 28, 2009. The TARDEC is listed in subsection 1105(a) of NDAA for FY 2010 as one of the newly designated STRLs.

The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (the Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to revise (a) the header for blocks 17 and 18 and (b) block 18 of the Standard Form (SF) 26 to clarify that block 18 should not be used when awarding a negotiated procurement and should only be checked when awarding a sealed-bid contract.

DoD is adopting as final, without change, an interim rule that amended the Defense Federal Acquisition Regulation Supplement to implement section 825 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 and the Vessel Hull Design Protection Amendments of 2008. Section 825 clarifies the Government's rights in technical data in the designs of a DoD vessel, boat, craft, or components thereof.

DoD is adopting as final, without change, an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement the National Defense Authorization Act for Fiscal Year 2010 to amend the definition of ``contract action'' to include task orders and delivery orders.

The Per Diem, Travel and Transportation Allowance Committee is publishing Civilian Personnel Per Diem Bulletin Number 270. This bulletin lists revisions in the per diem rates prescribed for U.S. Government employees for official travel in Alaska, Hawaii, Puerto Rico, the Northern Mariana Islands and Possessions of the United States. AEA changes announced in Bulletin Number 194 remain in effect. Bulletin Number 270 is being published in the Federal Register to assure that travelers are paid per diem at the most current rates.

Under the provisions of the Federal Advisory Committee Act of 1972 (5 U.S.C., Appendix, as amended), the Government in the Sunshine Act of 1976 (5 U.S.C. 552b, as amended), and 41 CFR 102-3.150, the Department of Defense announces that the United States Air Force Scientific Advisory Board (SAB) meeting will take place on Wednesday and Thursday, October 6thOctober 7th, 2010 at the SAF/AQ Conference and Innovation Center, 1550 Crystal Drive, Arlington, VA 22202. The meeting on Wednesday, October 6th, will be from 8 a.m.-4:30 p.m., and the meeting on Thursday, October 7th, will be from 8 a.m.-11:45 p.m. The purpose of this Air Force Scientific Advisory Board quarterly meeting is to welcome and introduce new members of the Board, provide information to members about Board policy and procedures, and provide classified briefings concerning the status of the Air Force as it relates to the SAB mission. The briefings and discussion will include presentations from senior Air Force and other DoD leadership. Pursuant to 5 U.S.C. 552b, as amended, and 41 CFR 102-3.155, the Administrative Assistant of the Air Force, in consultation with the Office of the Air Force General Counsel, has determined in writing that the public interest requires that some of the sessions of the United States Air Force Scientific Advisory Board meeting be closed to the public because they will be concerned with classified information and matters involving trade secrets, per sections 5 U.S.C. 552b(c)(1) and (4). The two sessions on 6 Oct 10, from 0800-0915, will be open to the general public. The remaining sessions on 6 Oct 10 and 7 Oct 10 will be closed to the general public. Any member of the public wishing to provide input to the United States Air Force Scientific Advisory Board can also submit a written statement in accordance with 41 CFR 102-3.140(c) and section 10(a)(3) of the Federal Advisory Committee Act and the procedures described in this paragraph. Written statements can be submitted to the Designated Federal Officer at the address detailed below at any time. Statements being submitted in response to the agenda mentioned in this notice must be received by the Designated Federal Officer at the address listed below at least five calendar days prior to the meeting which is the subject of this notice. Written statements received after this date may not be provided to or considered by the United States Air Force Scientific Advisory Board until its next meeting. The Designated Federal Officer will review all timely submissions with the United States Air Force Scientific Advisory Board Chairperson and ensure they are provided to members of the United States Air Force Scientific Advisory Board before the meeting that is the subject of this notice.

In accordance with 37 CFR 404.7(a)(1)(i), announcement is made of a prospective partially exclusive license of the following U.S. Patent Application 12/243,084 Filed October 01, 2008 to SecureNet LLC for use of the biopolymer for change detection and security applications.

The Chief of Naval Operations (CNO) Executive Panel will deliberate on the findings and proposed recommendations of the Navy Personnel Costs Subcommittee to the CNO. The meeting will consist of discussions of means by which the CNO can reduce the rising costs of employing military and civilian personnel.

The Corps of Engineers (Corps) is proposing to amend its regulations to establish a permanent restricted area in the waters of the Potomac River in the vicinity of Marine Corps Base (MCB) Quantico, located in Quantico, Virginia. The establishment of a permanent restricted area is necessary to reflect the current security and safety needs at MCB Quantico, including protection of military assets at the Marine Corps Air Facility (MCAF) Quantico, which include the Presidential Helicopter Squadron. The assets located on MCAF Quantico are considered national assets of strategic value and require the increased protection obtained by restricting all public access to within 500 meters of the MCAF shoreline. The proposed restricted area provides standoff from most small arms weapons, acts as a security buffer, and assists USMC security forces in determining intent amongst heavy boat traffic. Additionally, there is an extreme hazard to small craft and vessels operating in close proximity to the MCAF due to jet and prop wash from heavy jet and rotary wing aircraft operating at low altitudes while conducting takeoff and landing operations. The proposed restricted area protects public safety by denying vessels access to this danger. The restricted area is also required to protect public health by preventing vessels from disturbing a planned environmental remediation area located in the vicinity of MCAF. The restricted area will extend approximately 500 meters from the shoreline of MCB/MCAF Quantico and will include the Chopawamsic Creek channel.

The U.S. Army requested that the U.S. Army Corps of Engineers (Corps) revise the regulation for the restricted area in the Cape Fear River and its tributaries at Sunny Point Army Terminal, Brunswick County, North Carolina, by renaming the marker buoys and specifying the latitude and longitude for those buoys. There are no other changes proposed for this restricted area regulation. The purpose of the proposed rule is to correct the buoys designating the boundary of the restricted area which provide security for the facility, and prevent acts of terrorism, sabotage, or other criminal acts against the facility, including vessels loading and offloading at the Sunny Point Army Terminal. In the ``Rules and Regulations'' section of the Federal Register, we are publishing this change to the restricted area regulation as a direct final rule without prior proposal because we view this as a non-controversial adjustment to our restricted area regulations and anticipate no adverse comment. We have explained our reasons for this approval in the preamble to the direct final rule. If we receive no adverse comment, we will not take further action on this rule and it will go into effect. If we receive adverse comment, we will withdraw the direct final rule and it will not take effect. We will

The U.S. Army Corps of Engineers is proposing to revise its regulations to establish a restricted area to change the navigability status of a portion of Eagle River within the boundaries of Fort Richardson, Alaska as well as an adjacent portion of Eagle Bay in the Knik Arm. More specifically, the restricted area is to include all waters of Eagle River downstream from the Bravo Bridge as well as the portion of Eagle Bay east of a demarcation line to extend from two points of Fort Richardson land along northern and southern shores of the Bay. This amendment would prohibit vessels and persons from entering affected waters of Eagle Bay and Eagle River in order to enhance safety and security. This portion of Eagle River runs through an active military range munitions impact area. This portion of Eagle Bay could be subjected to hazardous levels of noise during certain training exercises; Army control of this area is also necessary to prevent unauthorized access into the impact area. The restricted area is necessary to protect the public from entering an extremely hazardous area.

The Department of the Navy (DON) is amending its rules to update existing sections relating to the professional conduct of attorneys practicing under the cognizance and supervision of the Judge Advocate General (JAG) for clients with diminished capacity. The amendment comports with current policy reflected in JAG Instruction 5803.1 (Series), Professional Conduct of Attorneys Practicing Under the Cognizance and Supervision of the Judge Advocate General.

Section 342(b) of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 1995, as amended (title 10, U.S.C. 2358 note) by section 1109 of NDAA for FY 2000 and section 1114 of NDAA for FY 2001, authorizes the Secretary of Defense to conduct personnel demonstration projects at DoD laboratories designated as STRLs. The above-cited legislation authorizes DoD to conduct demonstration projects to determine whether a specified change in personnel management policies or procedures would result in improved Federal personnel management. Section 1107 of Public Law 110-181, as amended by section 1109 of Public Law 110-417 requires the Secretary of Defense to execute a process and plan to employ the personnel management demonstration project authorities granted to the Office of Personnel Management under section 4703, title 5, U.S.C., at the STRLs enumerated in section 9902(c)(2) of title 5, U.S.C., as redesignated in Public Law 111-84, section 1105, and 73 FR 73248, to enhance the performance of these laboratories. AFRL is listed as one of the designated STRLs.

The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (the Councils) have adopted as final, with changes, an interim rule amending the Federal Acquisition Regulation (FAR) to implement the American Recovery and Reinvestment Act of 2009 (Recovery Act) with respect to the ``Buy AmericanRecovery Act'' provision, section 1605 in Division A.

The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have agreed on a final rule amending the Federal Acquisition Regulation (FAR) to implement section 807 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005. Section 807 requires an adjustment every 5 years of acquisition-related thresholds for inflation using the Consumer Price Index (CPI) for all urban consumers, except for Davis-Bacon Act, Service Contract Act, and trade agreements thresholds. The Councils have also used the same methodology to adjust nonstatutory FAR acquisition-related thresholds in 2010.

Under the provisions of the Federal Advisory Committee Act of 1972, (5 U.S.C. Appendix), the Government in the Sunshine Act of 1976 (5 U.S.C. 552b), and 41 CFR 102-3.50, the Department of Defense gives notice that it is renewing the charter for the Missile Defense Advisory Committee (hereafter referred to as the Committee).

DoD adopted as final, without change, effective August 20, 2010, the interim rule that amended the Defense Federal Acquisition Regulation Supplement (DFARS) to implement sections 805 and 815 of the National Defense Authorization Act for Fiscal Year 2008. Subsequently, public comments on the interim rule were located, which had not been

The Department of the Navy proposes to add a system of records in its inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended.

The Office of the Secretary of Defense proposes to delete a system of records notice from its existing inventory of record systems subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended.

The Office of the Secretary of Defense proposes to add a system of records to its inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended.