Department of Defense 2005 – Federal Register Recent Federal Regulation Documents

The Defense Acquisition Regulations Council and the Civilian Agency Acquisition Council (the Councils) have reviewed the public comments received in response to the request for comments on the application of the Brooks Architect-Engineers Act to mapping services. The Councils have determined that no change to the FAR is necessary. In the interest of transparency, this notice sets forth the rationale supporting this determination.

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 Contractor Use of Interagency Motor Pool Vehicles. A request for public comments was published at 70 FR 5971, February 4, 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.

In accordance with 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463) announcement is made of the following open meeting: Name of Committee: Scientific Advisory Board (SAB). Dates of Meeting: May 19-20, 2005. Place: The Armed Forces Institute of Pathology, 14th St. & Alaska Ave., NW., Building 54, Washington, DC 20306-6000. Time: 8:30 a.m.-4:45 p.m. (May 19, 2005). 8 a.m.-12 p.m. (May 20, 2005).

The U.S. Army Engineer District, Alaska, intends to prepare a Draft Programmatic Environmental Impact Statement (DEIS) to evaluate the feasibility of erosion protection measures for the community of Newtok, Alaska. Newtok, population 284 (2000 census), is a coastal community situated on the west bank of the Newtok River, just north of the Ninglick River and approximately 9 miles northwest of Nelson island, The Ninglick River connects the Bering Sea with the Baird Inlet, located farther upstream from Newtok. The village is located 94 miles northwest of Bethel, in the Yukon-Kuskokwim Delta region of Western Alaska. The north, east, and south boundaries of the community are contiguous with the Yukon Delta National Wildlife Refuge. The Newtok community is approximately 735 feet to the south of the encroaching Ninglick River, which is eroding toward the village at an average rate of 64 feet per year. Thermal degradation of the riverbank is causing shoreline sloughing. A typical soil profile has deep-frozen silts layered with peat at the surface. Permafrost continuously underlies a 2-foot active layer (sometimes thicker when a greater layer of peat is present). The shoreline is highly vulnerable to flooding, especially during spring ice jams in the river or during severe westerly windstorms on the Bering Sea. The programmatic DEIS will determine whether Federal action is warranted and will define alternative actions for Congressional consideration. Site specific alternatives will be addressed in more detail in a second tier of the EIS process.

This rule implements Section 735 of the National Defense Authorization Act for Fiscal Year 2002 (NDAA-02) (Pub. L. 107-107). It also implements Section 728 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (NDAA-01) (Pub. L. 106-398). Section 735 of NDAA-02 eliminates the requirement for TRICARE Standard beneficiaries who live within a 40-mile radius of a military medical treatment facility (MTF) to obtain a nonavailability statement (NAS) or preauthorization from an MTF before receiving inpatient care (other than mental health services) or maternity care from a civilian provider in order that TRICARE will cost-share for such services. Section 735 of NDAA-02, however, authorizes the Department of Defense to make exceptions to the elimination of the requirement for a NAS through the exercise of a waiver process under certain specified conditions. This section also eliminates the NAS requirement for specialized treatment services (STSs) for TRICARE Standard beneficiaries who live outside the 200-mile radius of a designated STS facility. This rule portrays the Department's decision to eliminate the STS program entirely. Finally, Section 728 of NDAA-01 requires that prior authorization before referral to a specialty care provider that is part of the contractor network be eliminated under any new TRICARE contract.

Pursuant to Public Law 92-463, notice is hereby given of the forthcoming meeting of the Air Force Scientific Advisory Board. The purpose of the meeting is to present and discuss the findings of the 2004 Science and Technology Quality Review of Air Force Research Laboratory programs. Because classified and contractor-proprietary information will be discussed, this meeting will be closed to the public.

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 schedules for construction contracts. A request for public comments was published in the Federal Register at 70 FR 4821, January 31, 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 update text addressing the use of simplified acquisition procedures. 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 proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to update text pertaining to the environment, occupational safety, and a drug-free workplace. 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 proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to update text pertaining to subcontracts awarded under 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 adopted as final, without change, an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement Sections 721 and 841 of the National Defense Authorization Act for Fiscal Year 2004. Section 721 provides permanent authority for DoD to enter into personal services contracts for health care at locations outside of DoD medical treatment facilities. Section 841 adds authority for DoD to enter into contracts for personal services that are to be performed outside the United States or that directly support the mission of a DoD intelligence or counter-intelligence organization or the special operations command.

DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to update text addressing uniform line item numbering in 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.

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 organization and direction of work. A request for public comments was published in the Federal Register at 70 FR 5169, February 1, 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.

Name of Committee: The Defense Advisory Committee on Military Compensation (DACMC). Committee Membership: Chairman: ADM (Ret) Donald L. Pilling. Members: Dr. John P. White; Gen (Ret) Lester L. Lyles; Mr. Frederic W. Cook; Dr. Walter Oi; Dr. Martin Anderson; and Mr. Joseph E. Jannotta. General Function of the Committee: The Committee will provide the Secretary of Defense, through the Under Secretary of Defense (Personnel and Readiness), with assistance and advice on matters pertaining to military compensation. The Committee will examine what types of military compensation and benefits are the most effective for meeting the needs of the Nation. Contact Person: Mr. Terry Mintz, Designated Federal Official, Defense Advisory Committee on Military Compensation, 2521 S. Clark Street, Arlington, VA 22202. Telephone: 703-699-2700. Agenda: On May 11, 2005, from 10 a.m. to 12 p.m., the Committee will discuss various aspects of the military pay and benefits system, such as compensation that recognizes danger, risk, and hardship that members experience; the appropriate balance between in-service and post-service compensation; the appropriate balance between cash and non-cash compensation; and the structure, level, and relevance of Reserve and Guard compensation, considering their changed utilization. Procedure: Public participation in Committee discussions at this initial meeting will not be permitted. Written submissions of data, information, and views may be sent to the Committee contact person at the address shown. Submissions should be received by close of business May 6, 2005. Persons attending are advised that the Committee is not responsible for providing access to electrical outlets.

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

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 637 of Division H of the Consolidated Appropriations Act, 2005. Section 637 provides that no funds made available under the Consolidated Appropriations Act for fiscal year 2005, or under any other Act for fiscal year 2005 and each fiscal year thereafter, shall be expended for purchase of a product or service offered by Federal Prison Industries, Inc., unless the agency making the purchase determines that the offered product or service provides the best value to the buying agency, pursuant to Governmentwide procurement regulations issued pursuant to 41 U.S.C. 421(c)(1) that impose procedures, standards, and limitations of 10 U.S.C. 2410n.

In compliance with section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), DoD announces the proposed extension of a public information collection requirement and seeks public comment on the provisions thereof. DoD invites comments on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of DoD, including whether the information will have practical utility; (b) the accuracy of the 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 the use of automated collection techniques or other forms of information technology. The Office of Management and Budget (OMB) has approved this information collection requirement for use through December 31, 2005. DoD proposes that OMB extend its approval for use through December 31, 2008.

The CNO Executive Panel is to report the findings and recommendations of the East Asia Strategy Study Group to the Chief of Naval Operations. The meeting will consist of discussions on a maritime strategy for East Asia.

The invention listed below is assigned to the United States Government, as represented by the Secretary of the Navy and is available for licensing by the Department of the Navy. U.S. Patent No. 6,844,875: Video Converter Board.

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 drug-free workplace. A request for public comments was published at 70 FR 5615 onFebruary 3, 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 Onondaga Lake Watershed Management Plan (OLWMP) project has been initiated through the Onondaga Lake Partnership (OLP) to help coordinate and implement various improvement projects in the watershed to benefit the public. The project entails developing a multi-purpose/ multi-objective evaluation of the Onondaga Lake watershed to (1) integrate existing projects/plans/studies; (2) assess program/project progress; and (3) plan future lake and watershed revitalization programs and projects into a comprehensive Onondaga Lake Watershed Management Plan. The final product will be used as a tool for the OLP to move toward the rehabilitation of the Onondaga Lake watershed. Projects shall be consistent with the 1993 Onondaga Lake Management Plan and comply with the Amended Consent Judgment (ACJ) and the Project Labor Agreement (PLA) for the environmental restoration, conservation, and management of Onondaga Lake. Within the framework of the OLWMP project, an integrated rehabilitation approach will be applied to recognize Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and National Resource Damage Assessment (NRDA) activities within the lake and watershed. While CERCLA and NRDA are pursued under those authorities (Superfund) and are not subject to NEPA, per se, processes are similar. The Onondaga Lake Watershed Management Plan reports will discuss and provide an overview of all pertinent on-going watershed programs and projects in appropriate relative detail. Study efforts will include: Identification of various study/project authorities; identification of existing and anticipated lake and watershed conditions (including completed and ongoing projects); identification of lake and watershed water resources problems, needs, goals, and objectives; identification of considered alternatives; assessment of impacts of considered alternatives; evaluation (trade-off analyses) of alternatives and associated impacts (including required planning and environmental coordination and compliance, and consideration of agency and public views); and selection and pursuit of appropriate lake and watershed water resources alternatives/projects. Studies shall also provide tools, as appropriate, for continued study/ project development, management, and monitoring purposes.