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

The Defense Acquisition Performance Assessment Project published a notice of Open Meeting in the Federal Register of June 23, 2005. The document cited a General Information section that should be removed and incorrect contact telephone numbers.

The Under Secretary of Defense (Acquisition, Technology, and Logistics) is waiving the limitation of 10 U.S.C. 2534 for certain defense items produced in the United Kingdom (UK). 10 U.S.C. 2534 limits DoD procurement of certain items to sources in the national technology and industrial base. The waiver will permit procurement of items enumerated from sources in the UK, unless otherwise restricted by statute.

Pursuant to the National Environmental Policy Act of 1969, as amended, the U.S. Army Corps of Engineers, Sacramento District (Corps), intends to prepare a Draft Environmental Impact Statement (EIS) for the Federal action to remediate seismic dam safety concerns at the Lake Success Project located on the Tule River, near Porterville, CA. The proposed action is being conducted through the Corps' Dam Safety Assurance Program for the evaluation of existing dams.

The inventions listed below are assigned to the United States Government, as represented by the Secretary of the Navy and are available for licensing by the Department of the Navy. U.S. Patent No. 6,903,676 entitled ``Integrated Radar, Optical Surveillance, and Sighting System'', U.S. Patent No. 6,902,316 entitled ``Non-Invasive Corrosion Sensor'', U.S. Patent Application No. 11/144,849 entitled ``Improved Pyrotechnic Thermite Composition'', and U.S. Patent Application No. 11/144,850 entitled ``Smokeless Flash Powder''.

Pursuant to the Federal Advisory Committee Act (FACA), Public Law 96-463, notice is hereby given that the Independent Review Panel to Study the Relationships between Military Department General Counsels and Judge Advocates General will hold an open meeting at the Hilton Crystal City, 2399 Jefferson Davis Highway, Arlington, Virginia 22202, on July 7-8, 2005, from 8:30 a.m. to 11:30 a.m. and 1 p.m. to 4 p.m. Purpose: The Panel will meet on July 7-8, 2005, from 8:30 a.m. to 11:30 a.m. and 1 p.m. to 4 p.m., to conduct deliberations concerning the relationships between the legal elements of their respective Military Departments. These sessions will be open to the public, subject to the availability of space. In keeping with the spirit of FACA, the Panel welcomes written comments concerning its work from the public at any time. Interested citizens are encouraged to attend the sessions.

Pursuant to the Federal Advisory Committee Act (FACA), Public Law 96-463, notice is hereby given that the Defense Acquisition Performance Assessment (DAPA) Project will hold an open meeting at the Anteon Conference Center, 1560 Wilson Blvd., Suite 400, Arlington, VA 22209, on July 15, 2005 from 9 to 12 noon. Purpose: The Panel will meet on July 15, 2005, from 9 a.m. until 12 noon, and this session will be open to the public, subject to the availability of space. Any interested citizens are encouraged to attend.

The Department of the Army is publishing our rule concerning military police investigations. The regulation prescribes policies and procedures on types and categories of offenses investigated by Military Police and DA Civilian detectives/ investigators.

In accordance with 37 CFR 404.6 and 404.7, announcement is made of the availability for licensing of the invention set forth in U.S. Provisional Patent Application Serial No. 60/653,230 entitled ``Development of a Biosensor for Anthrax Therapeutics and Diagnostics, filed February 14, 2005. The United States Government, as represented by the Secretary of the Army, has rights in this invention.

In accordance with Section 10(a)(2) of the Federal Advisory Committee Act (5 U.S.C., App. 2), announcement is made of the following Committee meeting:

The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to require past performance evaluation of certain orders, and to ensure that subcontracting management is addressed during evaluation of a contractor's past performance.

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 economic price adjustment. A request for public comments was published in the Federal Register at 70 FR 24773 on May 11, 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.

DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to implement policy prohibiting activities on the part of DoD contractor employees that support or promote trafficking in persons.

DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to update text on Government review of contractor insurance programs, pension plans, and other deferred compensation plans. This proposed rule is a result of a transformation initiative undertaken by DoD to dramatically change the purpose and content of the DFARS.

DoD is making technical amendments to a Defense Federal Acquisition Regulation Supplement clause addressing unique identification and valuation of items delivered under DoD contracts. The amendments clarify cross-references and correct an Internet address.

The Department of Defense is publishing the unclassified text of a section 36(b)(1) arms sales notification. This is published to fulfill the requirements of section 155 of Pub. L. 104-164 dated July 1996.

The inventions listed below are assigned to the United States Government as represented by the Secretary of the Navy and are available for licensing by the Department of the Navy. U.S Patent Number 6,233,740 entitled ``Aircrew Integrated Recovery Survival Vest'', Navy Case Number 79737, Inventors Meyers et al., Issue date May 22, 2001/U.S. Patent Number 6,485,142 entitled ``Artificial Human Eye and Test Apparatus'', Navy Case Number 75094, Inventors Sheehy et al., Issued date November 26, 2002/ U.S. Patent Number 6,598,802 entitled ``Effervescent Liquid Fine Mist Apparatus and Method'', Navy Case Number 83122, Inventor Wolfe, Issue date July 29, 2003/ U.S. Patent Number 6,240,742 entitled ``Modular Portable Air Conditioning System'', Navy Case Number 79780, Inventor Kaufman, Issue date June 05, 2001/ U.S. Patent Number 6,241,164 entitled ``Effervescent Liquid Fine Mist Apparatus and Method'', Navy Case Number 82406, Inventor Wolfe, Issue date June 05, 2001/ U.S. Patent Number 6,669,764 entitled ``Pretreatment for Aluminum and Aluminum Alloys'', Navy Case 84378, Inventors Matzdorf et al., Issue date December 30, 2003/ U.S. Patent Number 6,663,700 entitled ``Post-treatment for Metal Coated Substrates'', Navy Case Number 84379, Inventors Matzdorf et al., Issue date December 16, 2003/ Navy Case Number 95892 entitled ``Improved Corrosion Resistant Seal for Phosphoric Acid Anodize Coatings on Aluminum and its Alloys'', Inventors Matzdorf et al., Dated September 20, 2003/ Navy Case Number 96346 entitled ``Trivalent Chromium Conversion Coatings for Ferrous Alloys'', Inventors Matzdorf et al., Dated April 15, 2004/ Navy Case Number 96347 entitled ``Trivalent Chromium Conversion Coatings for Magnesium Alloys'', Inventor Matzdorf et al., Date April 15, 2004/ Navy Case Number 96343 entitled ``Trivalent Chromium/Zirconium Coatings for use on Metal Substrates, Masking Agents, Buffers, Solution Stabilizers, Inventors Matzdorf et al., Dated April 15, 2004/ Navy Case Number 97039 entitled ``High- Performance, Thin-Film Protective Coatings for Aluminum'', Inventors Matzdorf et al., Dated December 14, 2004.

The Office of the Secretary of Defense is exempting those records contained in DCIFA 01, entitled ``CIFA Operational and Analytical Records'' when an exemption has been previously claimed for the records in another Privacy Act system of records. The exemption will preserve the exempt status of the record when the purposes underlying the exemption for the original record is still valid and necessary to protect the contents of the record.

Under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the Federal Acquisition Regulation (FAR) Secretariat will be submitting to the Office of Management and Budget (OMB) a request to review and approve an extension of a currently approved information collection requirement concerning payment by electronic fund transfer. This OMB clearance currently expires on September 30, 2005. 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.