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

Pursuant to Section 102(2)(c) of the National Environmental Policy Act (NEPA) of 1969, as implemented by the Council on Environmental Quality regulations (40 CFR parts 1500-1508), the Department of the Navy (Navy) announces its intent to prepare an EIS to evaluate the potential environmental impacts associated with the proposed extension of Kilo Wharf located in the Apra Harbor Naval Complex, Guam to support the new T-AKE class multi-purpose dry cargo/ ammunition ship. The mission of Commander Navy Region Marianas (COMNAVREGMARIANAS) is to provide operational, fuel re-supply, ordnance, and other logistic support to Fleet units of the Pacific Region and operating forces of the Fifth (5th) and Seventh (7th) Fleets. Guam is the westernmost U.S. military installation on U.S. soil and is located 1,500 miles from the western rim of the Pacific. The location of Guam allows for rapid deployment of ammunition to areas of conflict in the Western Pacific Region. Because ocean transport is the most cost effective means of shipping ammunition, Guam must maintain a wharf that can efficiently accommodate modern ammunition ships. This project is required to improve COMNAVREGMARIANAS' capability to accomplish its mission. The EIS will consider alternatives to expand or replace Kilo Wharf to meet the operational requirements of the T-AKE as well as the No Action alternative.

This notice provides for the establishment of a Puerto Rico region specific per diem rates for low volume providers; the establishment of region specific per diem rates for both full-day and half-day TRICARE Partial Hospitalization Programs under the TRICARE Mental Health Per Diem Payment System for fiscal year 2005.

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. 5,745,284: Solid-State Laser Source of Tunable Narrow-Bandwidth Ultraviolet Radiation, Navy Case No. 79,379.//U.S. Patent No. 5,909,306: Solid-State Spectrally-Pure Linearly-Polarized Pulsed Fiber Amplifier Laser System Useful for Ultraviolet Radiation Generation, Navy Case No. 79,383 and any continuations, divisionals or re-issues thereof.

This document is issued under the joint authority of the Secretary of Defense, the Administrator of General Services and the Administrator for the National Aeronautics and Space Administration. This Small Entity Compliance Guide has been prepared in accordance with Section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996. It consists of a summary of rules appearing in Federal Acquisition Circular (FAC) 2005-05 which amend the FAR. An asterisk (*) next to a rule indicates that a regulatory flexibility analysis has been prepared. Interested parties may obtain further information regarding these rules by referring to FAC 2005-05 which precedes this document. These documents are also available via the Internet at http:/ /www.acqnet.gov/far.

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 incorporate a class deviation regarding use and charges, which has been applicable to the Department of Defense since 1998. This deviation is appropriate for application across the Federal Government. The change clarifies the basis for determining the rental charges for the use of Government property and is intended to promote the dual use of such property. The final rule specifically impacts contracting officers, property administrators, and contractors responsible for the management of Government property.

The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have agreed on a final rule amending the Federal Acquisition Regulation (FAR) by removing the mandatory requirement that a contracting officer withhold 5 percent of the payments due under a time-and-materials contract, unless it is necessary to withhold payment to protect the Government's interest or otherwise prescribed in the contract schedule. The final rule also amends FAR guidance that requires the use of a contract modification to withhold payment and to state that the withhold is to be made by the contractor.

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 revise the definition of ``information technology'' to reflect the changes to the definition resulting from the enactment of Public Law 108-199, Consolidated Appropriations Act, 2004. The new language at Section 535(b) of Division F of Public Law 108-199 permanently revises the term ``information technology,'' which is defined at 40 U.S.C. 11101(6), to add ``analysis'' and ``evaluation'' and to clarify the term ``ancillary equipment.''

DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to update text on transportation matters relating to DoD contracts. This proposed rule is a result of a transformation initiative undertaken by DoD to dramatically change the purpose and content of the DFARS.

DoD has issued an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement DoD appropriations act provisions permitting the award of sole source contracts to small business concerns owned by Native Hawaiian Organizations. The rule applies to manufacturing contacts exceeding $5,000,000 and non-manufacturing contracts exceeding $3,000,000 that are awarded under the Small Business Administration's 8(a) Program.

The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to provide language that is consistent with OMB Circular A-76 (Revised), Performance of Commercial Activities, dated May 29, 2003.

In response to a request from potential applications the submission deadline for project applications had been extended from July 25, 2005 as stated in the original notice published on June 8, 2005 in Federal Register (70 FR 33453).

The U.S. Army Corps of Engineers, New Orleans District (CEMVN) is initiating a Supplemental Environmental Impact Statement (SEIS) for the Henderson Lake Management Unit feature, including the freshwater distribution structure element, of the Henderson Lake Area Atchafalaya Basin, Louisiana project, pursuant to the authority of the Flood Control Act of May 15, 1928 (Pub. L. 391, 70th Congress); and for the Recreational Development feature of the Atchafalaya Basin Floodway System, Louisiana project (hereinafter ``ABFS'' project), pursuant to the authority of the Flood Control Act of May 15, 1928 (Pub. L. 391, 70th Congress), as amended by the Supplemental Appropriations Act of 1985, Pub. L. 99-88 and as reauthorized and further amended by Section 601(a) of the Water Resources Development Act of 1986 (WRDA 1986), Pub. L. 99-662. The CEMVN is initiating this study to implement construction and operation of the Henderson Lake Management Unit, St. Martin and St. Landry Parishes, which is one of two authorized pilot management units for the Management Unit feature of the ABFS Project; the freshwater distribution structure element, of the Henderson Lake Area Atchafalaya Basin, Louisiana project in St. Martin and St. Landry Parishes, Louisiana; and the Recreational Development feature of the Atchafalaya Basin Floodway System, Louisiana project in St. Martin, Iberia, St. Mary, Iberville, St. Landry, and Pointe Coupee Parishes, Louisiana. The authorized goals of the Management Unit feature of the ABFS project are to improve water quality and interior water circulation; remove barriers to reestablish north to south water flow; provide input of oxygenated low temperature water; and reduce or manage sediment input into the interior swamp. Action is necessary due to the existing poor water quality resulting from the lack of internal circulation and oxygenated water inputs, and increased sedimentation. In addition if action is not taken, both deep-water and shallow water habitat utilized by fish and wildlife resources will continue to be lost, reduced, or degraded. The intended result of the proposed work is to prolong the life expectancy of the productive habitat (primarily aquatic and cypress tupelo habitats) by restricting or redirecting sediments, while simultaneously achieving a healthy water circulation pattern that would maintain or restore water quality and reestablish north to south water movement. The Henderson Lake Management Unit is hydrologically separate and independent from the Buffalo Cove, Flat Lake, Cocodrie Swamp and Beau Bayou Management Unit elements of the ABFS project. The authorized goal of the freshwater distribution structure element, of the Henderson Lake Area Atchafalaya Basin, Louisiana project is to provide water inflow to the Henderson Lake area and, together with the Henderson Lake Management Unit, restore overflow patterns to the extent practicable, and to encourage water movement through the Henderson Lake Management Unit for the benefit of the aquatic environment. The goals and objectives of the Recreational Development feature of the ABFS project are the development of facilities such as boat launching ramps for the provision of interior and peripheral access to the ABFS project area, including those lands acquired for the Public Access feature of the ABFS project, as well as the construction and operation of developed and primitive campgrounds, an interpretive facility and other facilities complementary to the enjoyment of outdoor recreational activities for the observation and utilization by the public of the fish and wildlife resources of the Lower Atchafalaya Basin Floodway. Public demand and expectations for the ABFS have increased due to an increased awareness and use of the vast ABFS natural resource, and the involvement of the CEMVN through management and part-ownership of the resource. The CEMVN will address public concerns for management of the Henderson Lake Management Unit, and recreational development opportunities within the ABFS, through an SEIS.

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 transportation requirements. A request for public comments was published at 70 FR 28921, May 19, 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.

The DRSEIS II will supplement the final Revised Supplemental Environmental Impact Statement (RSEIS) ``Flood Control, Mississippi River & Tributaries, St. Johns Bayou and New Madrid Floodway, MO, First Phase,'' prepared by the U.S. Army Corps of Engineers, Memphis District, filed with the Environmental Protection Agency (EPA) on 19 July 2002. The DRSEIS is being prepared to clarify the record and address concerns that have developed since the signing of the Record of Decision (ROD) on 23 August 2003. These clarifications relate primarily to the calculation of compensatory mitigation requirements for mid- season fish rearing habitat, but may include any other relevant subjects or information such as hypoxia, cost-benefit analysis, Swampbuster provisions, the applicable discount rate, cost-share issues for levee closure, and potentially other issues. This Notice of Intent also serves as a National Environmental Policy Act Scoping Document.

The Department of the Army announces the general availability of exclusive, partially exclusive or non-exclusive licenses relative to acoustic monitoring and diagnostic technologies as described in U.S. Patent No. 5,515,865, No. 5,684,460, and No. 5,853,005. Licenses shall comply with 35 U.S.C. 209 and 37 CFR 404.

The project proponent and landowner, The Newhall Land and Farming Company (Newhall Land), has requested a long-term Clean Water Act Section 404 permit from the Corps of Engineers for facilities associated with the Newhall Ranch Specific Plan. The action is necessary to facilitate buildout of the Specific Plan. The effect will be to authorize the construction of bridges, flood control structures, and to grade and fill certain side drainages for roads and buildings. The reason for this revised notice of intent (NOI) is because the project proponent's proposed action has been expanded to include development of a voluntary CCAA between Newhall Land and the U.S. Fish and Wildlife Service (USFWS) to specify spineflower preserve locations, manage spineflower habitat, and to authorize future take of spineflower, in the event it becomes federally listed under the federal Endangered Species Act as threatened or endangered, involving three properties: Newhall Ranch, Valencia Commerce Center, and Entrada. The Corps of Engineers intends to prepare a Draft Environmental Impact Statement (DEIS) to evaluate the potential effects of the proposed action on the environment. To eliminate duplication of paperwork, the Corps of Engineers intends to coordinate the DEIS with the Draft Environmental Impact Report (DEIR) being prepared by the California Department of Fish and Game. The joint document will meet the requirements of the National Environmental Policy Act (NEPA) as well as enable the Corps to analyze the project pursuant to the 404(b)(1) Guidelines and assess potential impacts on various public interest factors.

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 payments. A request for public comments was published in the Federal Register at 70 FR 28515 on May 18, 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.

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 qualification requirements. 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.

The U.S. Army Corps of Engineers, New Orleans District (CEMVN) is initiating this draft supplemental environmental impact statement (DSEIS) under the authority of the Rivers and Harbors Act of July 24, 1946 (House Document 190, 79th Congress, 2nd Session) and prior Rivers and Harbors acts; the Rivers and Harbors Act of July 14, 1960 (House Document 436, 86th Congress, 2nd Session); the Rivers and Harbors Act of October 23, 1962 (House Document 582, 87th Congress, 2nd Session); the Senate Public Works committee on December 27, 1970, and the House Public Works committee on December 15, 1970, under the provisions of Section 201 of the Flood Control Act of 1965 (Pub. L. 89-298; S.D. 91- 111); and Section 107 of the Rivers and Harbors Act of 1960, as amended by Section 310 and Section 112 of the Rivers and Harbors Acts of 1965 and 1970, respectively, to investigate dredged material placement for the next 20 years of maintenance dredging of the Calcasieu and River and Pass, LA. The Calcasieu River and Pass, LA project does not have adequate dredged material disposal areas for the long-term maintenance of the project. Existing disposal sites are at or near capacity, and some disposal sites have been substantially eroded into adjacent water bodies. Other disposal areas have been lost to commercial developments. As a result, remaining disposal areas cannot accommodate the volume of dredged material needed to maintain the Calcasieu River and Pass, LA navigation channel to project-authorized dimensions, and CEMVN has been forced to reduce channel dimensions in some reaches.

In accordance with 35 U.S.C. 209 and 37 CFR 404, U.S. Army Research, Development and Engineering Command (RDECOM) hereby given notice that it is contemplating the grant of an exclusive license in the United States to practice the below referenced invention owned by the U.S. Government to TSI Incorporated, 500 Cardigan Road, Shoreview, MN 55126.

The U.S. Army Corps of Engineers (USACE), Baltimore District announces the availability of the Final Supplemental Environmental Impact Statement (SEIS) for the design modifications and recreational enhancements to the Wyoming Valley Levee Raising Project at the Wilkes- Barre, Pennsylvania River Commons. The Final SEIS investigates the potential environmental effects of an array of alternative plans based on the conceptual riverfront plan for Wilkes-Barre. The preferred alternative includes the addition of two portals through the levee, a river landing, fishing platform, and an amphitheater and stage. The Draft SEIS was released on a 45-day review and comment period during August and September 2004, and a Notice of Availability was published in the Federal Register under the U.S. Environmental Protection Agency on August 13, 2004. Comments received on the Draft SEIS and our responses are included in the Final SEIS (Appendices G and H).

The Coyote Creek Watershed Study will integrate and balance the physical and biological systems within the watershed to enhance aquatic and terrestrial habitat, improve water quality, enhance water resources, increase trail connections, enhance passive recreation and open space, reduce sediment and erosion, and aid in flood protection. Additionally, the Watershed Management Plan will encourage greater cooperation between public agencies and private organizations to leverage limited resources and improve quality of life within the watershed. It will be a guidance document for watershed stakeholders to better manage watershed resources and land use. This Plan will identify and prioritize projects for maintaining, constructing, restoring, and enhancing resources that contribute to a healthy and sustainable watershed. Policy and management recommendations will result from this plan that will connect existing public policy and watershed management principles. The U.S. Army Corps of Engineers and the County of Orange, California will cooperate in conducting this feasibility study.

The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) by revising fast payment procedures. The proposed revision permits, but does not require, fast payment when invoices and/or outer shipping containers are not marked ``Fast Pay'' provided the contract includes the ``Fast Payment Procedure'' clause. As highlighted in the proposed clause, if the clause is in the contract, the invoices will no longer be rejected, as is the current practice. Instead, they will be paid using either fast payment or normal payment procedures. In addition, the proposed revision deletes the requirement for marking invoices ``No Receiving Report Prepared.''