Department of Defense March 2005 – Federal Register Recent Federal Regulation Documents

Pursuant to the National Environmental Policy Act (NEPA) of 1969, as amended (42 United States Code 4321, et seq.), the Council on Environmental Quality Regulations for implementing the procedural provisions of NEPA (40 Code of Federal Regulations (CFR) parts 1500- 1508), and Air Force's Environmental Impact Analysis Process (EIAP) as implemented by 32 CFR part 989, the United States Air Force (Air Force) is issuing this notice to advise the public of our preparation of an Environmental Assessment (EA) for Beddown of Training and Support Initiatives at Northwest Field, Andersen Air Force Base (AFB), Guam. The EA will analyze and evaluate the effects of alternatives for the proposed basing of training and support initiatives at Northwest Field. The Air Force evaluated various initial basing alternatives early in the planning process. Suitable installations were identified during this process, with Andersen AFB emerging as the alternative best meeting the underlying purpose and need for the action. Consequently, Andersen AFB is being considered as the Proposed Action. The proposed action would support the Nation's military deployable engineering, security and communications units in the Pacific Command and worldwide. The proposed action would enable engineers to train with security and communications functions at a common location, with a combat deployable civil engineering unit being relocated with security forces and combat communications at the same location. It is estimated that approximately 400 additional military, civilian and contractor personnel would be required to support the proposal. The action would result in facility construction, addition, and alteration projects to support basing and operation. This notice is being provided to obtain suggestions and information from other agencies and the public on the scope of issues to be addressed in the EA, to include alternatives to the proposal and the potential for significant impacts. A public scoping meeting will be held to provide agencies and the public the opportunity to address the scope of the EA. The EA will end with either a Finding of No Significant Impact or a determination that an Environmental Impact Statement (EIS) is required. This scoping process may be used to scope for the EIS, should an EIS be deemed appropriate. The Air Force will conduct a public scoping meeting from 6:30 to 8:30 p.m., Thursday, March 31, 2005 at the University of Guam, College of Arts and Science, Lecture Hall B, in Mangilao, Guam. Public comments on the scope of the Draft EA, reasonable alternatives that should be considered, anticipated environmental concerns, and actions that might be taken to address these issues are requested. Written comments will also be accepted at the address listed below.

In accordance with section 10(a)(2) of the Federal Advisory Committee Act (5 U.S.C. App. I), announcement is made of the following committee meeting: Name of Committee: U.S. Army War College Subcommittee of the Army Education Advisory Committee. Dates of Meeting: April 28, 2005, and April 29, 2005. Place of Meeting: U.S. Army War College, 122 Forbes Avenue, Carlisle, PA, Command Conference Room, Root Hall, Carlisle Barracks, Pennsylvania 17013. Time of Meeting: 8:30 a.m.-5 p.m. Proposed Agenda: Receive information briefings; conduct discussions with the Commandant and staff and faculty; table and examine online College issues; assess resident and distance education programs, self- study techniques, assemble a working group for the concentrated review of institutional policies and a working group to address committee membership and charter issues; propose strategies and recommendations that will continue the momentum of Federal accreditation success and guarantee compliance with regional accreditation standards.

The Department of the Army is proposing to alter a system of records notice in its existing inventory of records systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended.

Under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the Federal Acquisition Regulation (FAR) Secretariat has submitted to the Office of Management and Budget (OMB) a request to review and approve an extension of a currently approved information collection requirement concerning claims and appeals. A request for public comments was published at 70 FR 4096 on January 28, 2005. No comments were received. Public comments are particularly invited on: Whether this collection of information is necessary for the proper performance of functions of the FAR, and whether it will have practical utility; whether our estimate of the public burden of this collection of information is accurate, and based on valid assumptions and methodology; ways to enhance the quality, utility, and clarity of the information to be collected; and ways in which we can minimize the burden of the collection of information on those who are to respond, through the use of appropriate technological collection techniques or other forms of information technology.

This notice advises users that the 2005 Federal Acquisition Regulation (FAR) Reissue will be available for downloading and use on March 18, 2005, at https://www.acqnet.gov/far. Periodically, the FAR is reissued because of administrative necessity, i.e., headers and change bars are removed. A FAR reissue does not revise the FAR language; however, the flow of the context changes. Therefore, users are required to refer to this latest version (current through FAC 2001-27). The FAR is available in HTML and PDF formats. Users intending to print the FAR can refer to the downloadable, print-only version in PDF.

The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (the Councils) have agreed to amend the Federal Acquisition Regulation language regarding advance notification requirements. This change is required to implement Section 842 of the National Defense Authorization Act for Fiscal Year 2004, Public Law 108-136, which resulted in revisions to 10 U.S.C. 2306(e).

This document makes amendments to the Federal Acquisition Regulation (FAR) in order to make editorial changes.

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 clarify the intent of the list of items determined to be nonavailable for purposes of the Buy American Act, and to emphasize the need to conduct market research, appropriate to the circumstances, for potential domestic sources.

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 extend the timeframe to use the test program for commercial items.

The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have agreed on an interim rule amending the Federal Acquisition Regulation (FAR) to implement Section 1427(b) of the Services Acquisition Reform Act of 2003 (Title XIV of Pub. L. 108-136).

The Defense Science Board Task Force on Mobility will meet in closed session on March 17, 2005, in Arlington, VA. This Task Force will identify the acquisition issues in improving our strategic mobility capabilities. The mission of the Defense Science Board is to advise the Secretary of Defense and the Under Secretary of Defense for Acquisition, Technology & Logistics on scientific and technical matters as they affect the perceived needs of the Department of Defense. At this meeting, the Defense Science Board Task Force will review: the part transport plays in our present-day military capabilitythe technical strengths and weaknesses the operational opportunities and constraints; the possible advantage of better alignment of current assets with those in production and those to be delivered in the very near future; how basing and deployment strategiesCONUS-basing, prepositioning (ashore or afloat), and seabasingdrive our mobility effectiveness; the possible advantages available from new transport technologies and systems whose expected IOC dates are either short term ( 12 years) or, separately, the long term ( 25 years). In accordance with Section 10(d) of the Federal Advisory Committee Act, Pub. L. 92-463, as amended (5 U.S.C. App. 2), it has been determined that this Defense Science Board Task Force meeting concerns matters listed in 5 U.S.C. 552b(c)(1) and that, accordingly, the meeting will be closed to the public.

On Friday, February 25, 2005 (70 FR 9280-9281) the Department of Defense announced open meetings of the Defense Science Board (DSB) Task Force on Roles and Authorities of the Director of Defense Research and Engineering scheduled for February 24, 2005 and March 14, 2005. These meetings will now be closed. Due to inclement weather the meeting on February 24, 2005 was canceled and rescheduled for March 2, 2005. Both meetings will be held at Strategic Analysis Inc., 3601 Wilson Boulevard, Suite 600, Arlington, VA.

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

The National Reconnaissance Office is altering a system of records notice in its existing inventory of record systems subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended.

Under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the Federal Acquisition Regulation (FAR) Secretariat has submitted to the Office of Management and Budget (OMB) a request to review and approve an extension of a currently approved information collection requirement concerning OMB Circular A-119. A request for public comments was published at 69 FR 74504, December 14, 2004. No comments were received. Public comments are particularly invited on: Whether this collection of information is necessary for the proper performance of functions of the FAR, and whether it will have practical utility; whether our estimate of the public burden of this collection of information is accurate, and based on valid assumptions and methodology; ways to enhance the quality, utility, and clarity of the information to be collected; and ways in which we can minimize the burden of the collection of information on those who are to respond, through the use of appropriate technological collection techniques or other forms of information technology.

In compliance with section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Department of Defense, Office of the Assistant Secretary of Defense for Health Affairs, TRICARE Management Activity announces a proposed public information collection and seeks public comment on the provisions thereof. Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performances of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden of the proposed information collection; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the information collection on respondents, including through the use of automated collection techniques or other forms of information technology.

The Jacksonville District, U.S. Army Corps of Engineers hereby cancels its Notice of Intent to prepare a Draft Environmental Impact Statement (DEIS) for the Acme Basin B Discharge Project, as published in Federal Register on Friday, May 24, 2002 (67 FR 36577). The notice is canceled because, during scoping for this project and development of alternatives, it appeared that each of the alternatives would affect the same 410 acres of agricultural lands, converting sugar cane into functional wetlands, resulting in discharge of cleaner water into Loxahatchee National Wildlife Refuge (WCA-1), increasing the spatial extent of Everglades wetlands and reducing freshwater flows into Lake Worth Lagoon. While all of these effects are environmentally beneficial, the relative magnitude of the impacts in the context of greater Everglades's restoration was determined not to be significant. There are not expected to be any adverse impacts on public health and safety; the affected area (Acme Basin B) is not environmentally unique; the significant WCA-1 wetlands will benefit by a relatively small increment, as will Lake Worth Lagoon. No public controversy related to the proposed alternatives developed during scoping for this project, nor are there high levels of uncertainty, unique or unknown risks associated with the study, nor have surveys revealed the presence of any significant wildlife, cultural resource elements or contaminants. An environmental Assessment will be prepared and coordinated for the proposed action. This document is expected to be available in August 2005.

The Joint Advisory Committee on Nuclear Weapons Surety will conduct a closed session on March 30th, 2005 at the Institute for Defense Analyses, Alexandria, VA. The Joint Advisory Committee is charged with advising the Secretaries of Defense and Energy, and the Joint Nuclear Weapons Council on nuclear weapons surety matters. At this meeting the Joint Advisory Committee will receive classified briefings on nuclear weapons safety and security. In accordance with the Federal Advisory Committee Act (Pub. L. 92- 463, as amended, Title 5, U.S.C. App. II, (1988)), this meeting concerns matters sensitive to the interests of national security, listed in 5 U.S.C. Section 552b(c)(1) and accordingly this meeting will be closed to the public.

The Department of the Army is proposing to alter a system of records notice in its existing inventory of records systems subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended. The Department of the Army is proposing to alter the existing system of records by adding a new purpose, i.e., to support the families of service members, and two new routine uses as follows: Information from these records may be disclosed to the Department of Veterans Affairs, and other Federal agencies in connection with eligibility, notification and assistance in obtaining benefits due. `Information from these records may be released to family members of injury or killed DoD personnel to aid in the settlement of the member's estate or other affairs.

The U.S. Army Corps of Engineers (Corps), Los Angeles District, Regulatory Branch is considering an application from the Eastern Municipal Water District (EMWD) for a Department of the Army permit under Section 404 of the Clean Water Act to construct a groundwater recharge and storage facility in and adjacent to the San Jacinto River. The proposed project would consist of up to fifteen recharge basins (six in proposed Phase 1 and nine in proposed Phase 2) on approximately 100- acres in the San Jacinto River Channel, upgrades to two existing pump stations, a new approximately 7.7-mile-long water supply pipeline, up to ten extraction wells located west of the San Jacinto River, and up to six monitoring wells located near the western edge of the proposed recharge basins. The Federal action involved in the project is the discharge of dredge and/or fill materials within waters of the United States. The Corps has determined that the potential impacts on the human environment from such activities may be adverse and significant. Therefore, in accordance with the National Environmental Policy Act (NEPA), the Corps will prepare an Environmental Impact Statement (EIS) prior to rendering a final decision on EMWD's permit application. The Corps may ultimately make a determination to grant or deny the permit or conditionally grant the permit. The Draft EIS is intended to be sufficient in scope to address the Federal and environmental issues concerning the proposed Federal permit action.

In accordance with 37 CFR 404.6 and 404.7, announcement is made of the availability for licensing of U.S. Patent No. 6,672,323 entitled ``Multi-Purpose Self-Erecting Structure Having Advanced Insect Protection and Storage Characteristics,'' issued January 6, 2004. The United States Government, as represented by the Secretary of the Army, has rights in this invention.