Department of Defense October 2006 – Federal Register Recent Federal Regulation Documents

In accordance with Section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)), as implemented by the Council on Environmental Quality Regulations (40 CFR parts 1500- 1508), the Department of the Navy (DON), Marine Corps Air Station Miramar (MCAS Miramar), and Department of Veterans Affairs (VA) announce the availability of the Draft Environmental Impact Statement (DEIS) that evaluates the potential environmental effects of the land use agreement between the DON and the VA National Cemetery Administration (NCA) for the proposed annex to the existing Fort Rosecrans National Cemetery at Point Loma in San Diego, CA. The DEIS also evaluates the potential effects of construction and operation of the proposed cemetery annex. The annex would be located at MCAS Miramar, in San Diego, CA. The purpose of the proposed action is to provide needed burial space on federal land for military veterans in the San Diego area. The DEIS addresses the proposed site (Site 2), one on-site development alternative (Site 4), and the No Action Alternative. The DEIS evaluates the potential environmental effects associated with each of the alternatives. Issues addressed in the DEIS include land use, socioeconomics/environmental justice, utilities, public services, visual resources, cultural resources, biological resources, soils and geology, water resources, public health and safety, traffic/ circulation, air quality, and noise. Impact analyses include an evaluation of direct, indirect, short-term, and cumulative impacts.

In accordance with 35 U.S.C. 209(e) and 37 CFR 404.7(a)(I)(i), announcement is made of the intent to grant a biological materials license concerning the Raman Spectra Database, invention disclosure number AFIP 06-40, to ChemImage Corporation, with its principal place of business at 7301 Penn Avenue, Pittsburgh, PA 15208.

Notice is given of the names of members of a Performance Review Board for the Department of the Army.

Under the provisions of the Federal Advisory Committee Act of 1972, as amended (5 U.S.C., Appendix) and 41 CFR, parts 102-3 through 102-3.185, the Department of Defense gives notice of changes to several existing DoD-Supporting Federal Advisory Committees. These changes are a result of the Department of Defense's continuing efforts to improve its Federal Advisory Committee Management Program by streamlining the independent advice and recommendations being received by the Secretary of Defense and his senior advisors. Key to the Department of Defense's efforts was the need to provide the Secretary of Defense and his senior advisors a strategic view of issues by establishing a foundation for cross communications and integrated thinking which is centrally funneled to the ultimate decision maker. The specific changes being made are: A. The Department of Defense establishes the Defense Health Board. This Federal Advisory Committee shall advise the Secretary of Defense, through the Under Secretary of Defense (Personnel and Readiness) and the Assistant Secretary of Defense (Health Affairs) on matters pertaining to operational programs, policy development, and research programs and requirements for the treatment and prevention of disease and injury, the promotion of health and delivery of health care services to Department of Defense beneficiaries. B. The Department of Defense disestablishes the following chartered Federal Advisory Committees and reestablishes their functions as subcommittees of the Defense Health Board:

This documents removes Subpart D, ``For Official Use Only'' (FOUO) from 32 CFR part 286, ``DoD Freedom of Information Act Program Regulations'' and reserves that subpart for future use. Removing this from 32 CFR part 286 will eliminate confusion of the authoritative FOUO guidance and who is the authority on FOUO. This removal will alleviate any further uncertainty, avoid duplication of FOUO guidance, and is considered an administrative action.

DoD has issued an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement DoD policy prohibiting activities on the part of DoD contractors and contractor employees that support or promote trafficking in persons. The rule contains a clause for use in contracts performed outside the United States.

DoD has issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to remove Libya from the list of terrorist countries subject to a prohibition on DoD contract awards. This change is a result of the Department of State's removal of Libya from the list of countries designated as state sponsors of terrorism.

DoD is making technical amendments to the Defense Federal Acquisition Regulation Supplement (DFARS) to update cross-references and to add a reference to the DFARS companion resource, Procedures, Guidance, and Information.

The Missile Defense Advisory Committee will meet in closed session on November 28-29, 2006, in Washington, DC. The mission of the Missile Defense Advisory Committee is to provide the Department of Defense advice on all matters relating to missile defense, including system development, technology, program maturity and readiness of configurations of the Ballistic Missile Defense System (BMDS) to enter the acquisition process. At this meeting, the Committee will conduct classified discussions on capability-based acquisition.

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 Government Property. A request for public comments was published in the Federal Register at 71 FR 40999, on July 19, 2006. No public 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 Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to revise the policies and procedures for contract debts.

This rule updates the national plan for security control of air traffic during air defense emergencies and has direct relationship with the June 22, 2006, National Security Presidential Directive/NSPD- 47 and Homeland Security Presidential Directive/HSPD-16, and is authorized by the Communications Act of 1934, as amended, 5 U.S.C. 301, 552, Executive Order 12656 (``Assignment of Emergency Preparedness Responsibilities'', November 18, 1988), as amended. The national plan defines the responsibilities and actions of agencies and personnel within the Departments of Defense, Transportation and Homeland Security with no effect to the public.

The U.S. Army Corps of Engineers (COE), Wilmington District, Regulatory Division has been reviewing the request for Department of the Army authorization, pursuant to Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbor Act, from Potash Corporation of Saskatchewan Phosphate Division (PCS) for the continuation of its phosphate mining operation near Aurora, Beaufort County, NC. PCS proposes to expand its existing open pit phosphate mining operation into a 3,412 acre tract immediately adjacent to the current mine. This expansion would impact 2,408 acres of waters of the U.S. including wetlands adjacent to the Pamlico River and South Creek.

DoD is reopening the comment period for the proposed rule published at 71 FR 46434 on August 14, 2006 which closed October 13. The proposed rule contains requirements for preventing unauthorized disclosure of export-controlled information and technology under DoD contracts. The comment period is extended to provide additional time for interested parties to review the proposed changes.

Notice is given of the names of members of a Performance Review Board for the Department of the Air Force. Effective Date is November 16, 2006.

The Department of the Army announces the availability of a Draft Supplemental Programmatic Environmental Impact Statement (DSEIS) identifying the potential environmental effects of changing land and airspace use at Fort Bliss to support evolving changes in missions and units and support Army Transformation, Integrated Global Presence and Basing Strategy, Base Realignment And Closure (BRAC), the Army Campaign Plan and other Army initiatives. The SEIS will supplement the Fort Bliss, Texas and New Mexico, Mission Master Plan Programmatic Environmental Impact Statement (PEIS), for which a Record of Decision was signed in 2001.

The U.S. Army announces the availability of a DEIS that evaluates the implementation of transformational activities at the PCMS, Colorado. The PCMS is a training center area administered and used by military units stationed at, or otherwise under the responsibility of, Fort Carson, Colorado. Implementation actions associated with these transformational activities include training of additional Soldiers at the PCMS, and as funds become available, constructing a limited number of facilities in the cantonment and training areas, and increasing the use of the PCMS maneuver training lands.

This part contains uniform Department of Defense policies for organizations that seek to represent or organize members of the Armed Forces in negotiation or collective bargaining. This updated rule contains editorial changes only as required for internal Department of Defense mandated reconsideration every 5 years.

The Defense Advisory Board meeting convened at 8 a.m., Friday, September 22, 2006, but did not have a quorum. The meeting was allowed and conducted in accordance with the Federal Advisory Committee Act (FACA) exception that no deliberation or voting can take place absent a quorum. These conditions were adhered to. Additionally, hard copies of all briefings from the meeting will be forwarded to the absent members and a confirmation printout of the transmitted briefings will be kept on file as a matter of record. Location: Pentagon, Room 2E219.

Subsection (e)(12) of the Privacy Act of 1974, as amended (5 U.S.C. 552a), requires agencies to publish advanced notice of any proposed or revised computer matching program by the matching agency for public comment. The DoD, as the matching agency under the Privacy Act is hereby giving notice to the record subjects of computer matching program between VA and DoD that their records are being matched by computer. The purpose is to verify eligibility for the DoD/USCG members of the Reserve forces who receive VA disability compensation or pension to also receive military pay and allowances when performing reserve duty.

This notice describes the changes made to the TRICARE DRG- based payment system in order to conform to changes made to the Medicare Prospective Payment System (PPS). It also provides the updated fixed loss cost outliner threshold, cost-to-charge ratios and the Internet address for accessing the updated adjusted standardized amount and DRG relative weights to be used for FY 2007 under the TRICARE DRG-based payment system.

The Defense Science Board Task Force on Software Assurance will meet in closed session on October 16-17, 2006: at Science Applications International Corporation (SAIC), 4001 N. Fairfax Drive, Arlington, VA. This meeting is to assess the future direction of space requirements and identify the industrial base to meet the Nation's future requirements. 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 these meetings, the Defense Science Board Task Force will: assess the health of the U.S. space industrial base and determine if there is any adverse impact from export controls, in particular, on the health of lower-tier contractors; anticipate future space requirements and the shape of the space industrial base required to achieve the anticipated capabilities; and recommend improvements to current policies and processes, where applicable, while also identifying policies and processes that can shape the space industrial base to deliver future capabilities. In accordance with Section 10(d) of the Federal Advisory Committee Act, Pub. L. No. 92-463, as amended (5 U.S.C. App. II), it has been determined that these Defense Science Board Task Force meetings concern matters listed in 5 U.S.C. 552b(c)(1) and that, accordingly, the meetings will be closed to the public.