Department of Defense February 2007 – Federal Register Recent Federal Regulation Documents

On February 13, 2007, the United States Air Force signed the ROD for the Housing Privatization Phase II, Hickam Air Force Base, Hawaii, and Bellows Air Force Station, Hawaii. The ROD states the Air Force decision to implement Alternative B (Privatization Excluding Fort Kamehameha) that will convey and privatize 1,297 of the remaining 1,330 Government-owned military housing units on Hickam AFB and six family housing units on Bellows AFS. Privatization would exclude the 25.75 acres of land and 33 historic housing units on Fort Kamehameha. The decision was based on matters discussed in the Final Environmental Impact Statement (EIS), inputs from the public and regulatory agencies, and other relevant factors. The Final EIS was made available on December 22, 2006 in the Federal Register (Volume 71, Number 246, Page 77013) with a wait period ending January 22, 2007. The ROD documents only the decision of the Air Force with respect to the proposed Air Force actions analyzed in the Final EIS.

The Department of the Army announces the availability of a DEIS which evaluates the potential environmental impacts associated with realignment actions directed by the Base Closure and Realignment (BRAC) Commission at Fort Belvoir, Virginia.

The Defense Science Board Summer Study on DSB 2007 Summer Study: Challenges to Military Operations in Support of National Interests met in closed session on February 21, 2007; at the Strategic Analysis Inc., 3601 Wilson Boulevard, Arlington, VA. 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 technological, operational, and policy oriented solutions. 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.

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

The Defense Intelligence Agency is proposing to add a system of records to its existing inventory of records systems subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended.

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

The Corps of Engineers is proposing to amend the regulations in 33 CFR 334.190 which establishes a danger zone, in waters of the United States in the vicinity of Bloodsworth Island, Maryland. The proposed amendment will reflect the current operational and safety procedures at the Bloodsworth Island Range and highlight a change in the enforcement authority from the Commander, Naval Base Norfolk, Virginia to the Commander, Naval Air Station Patuxent River, Maryland. The regulations are necessary to safeguard United States Navy vessels and United States Government facilities/installations from sabotage and other subversive acts, accidents, or incidents of a similar nature. These regulations are also necessary to protect the public from potentially hazardous conditions which may exist as a result from use of the areas by the United States Navy.

The Corps of Engineers (Corps) is preparing a Draft Environmental Impact Statement (DEIS) to address operational changes at Center Hill Dam that could affect pool elevations. Center Hill Dam impounds Center Hill Lake in central Tennessee. The DEIS is necessary to provide National Environmental Policy Act (NEPA) compliance to address changes that could include, but are not limited to water quality, aquatic, riparian, and terrestrial habitat, recreation, water supply, flood storage, economics, hydropower production, and safety as a result of operating Center Hill Lake below normal pool elevations for extended periods of time. Several engineering studies have identified a heightened level of risk at Center Hill Dam due to increasing seepage problems under and around the dam. Since March 2005, the Corps has attempted to keep fall, winter and early spring lake levels from extreme rises due to high inflow. Seepage problems are made worse during continual high lake levels. As a result, the Corps plans to maintain lower lake levels, but still within the operations curve, to reduce pressure on the dam foundation, abutments, and rim walls until a permanent remedy is in place. A major grouting project to address the dam seepage is scheduled for the fall of 2007, followed by installation of a cutoff wall through the earthen portions of the dam and adjoining rim walls. Although not anticipated, the Corps may have to lower the lake pool significantly below the operating pool should seepage conditions worsen, or new information determine this action is necessary to reduce risk. This notice serves to initiate the NEPA process. The Corps plans to prepare and circulate a DEIS which serves to cover possible impacts due to extreme changes in lake levels that could occur during the repair of the dam's foundation and abutments.

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. Patent Application No. 10/631,218 entitled ``A Coherent Radar and Ladar Polarimeter,'' filed on July 25, 2003. The United States Government, as represented by the Secretary of the Army, has rights in this invention.

The U.S. Army Corps of Engineers (COE), Wilmington District, Wilmington Regulatory Field Office has received a 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 Figure ``8'' Beach Homeowners Association to develop a management plan for Rich Inlet that would mitigate chronic erosion on the northern portion of Figure Eight Island so as to preserve the integrity of its infrastructure, provide protection to existing development, and ensure the continued use of the oceanfront beach along the northernmost three miles of its oceanfront shoreline. Figure Eight Island is an unincorporated privately developed island located on the southeast coast of North Carolina, approximately eight miles north of Wilmington. The island is bordered to the south by Mason Inlet and Wrightsville Beach; and to the north by Rich Inlet and Lea-Hutaff Island, an undeveloped, privately-owned island. The inlet management plan would involve the repositioning and realignment of the main ebb channel of Rich Inlet to a location closer to the north end of Figure Eight Island. The intended alignment is to be essentially perpendicular to the oceanfront shorelines of the adjacent islands. The new channel position would be periodically maintained with maintenance episodes dictated by natural shifts in the channel position that produce unfavorable shoreline responses on the north end of Figure Eight Island. While the main focus of the project is to relocate the main ebb bar channel, consideration will also be given to possible alterations in Nixon Channel and Green Channel to determine if such modification would enhance the stability of the new channel. Nixon Channel meanders along a southwesterly path on the landward side of the north end of Figure Eight Island; connecting to the Atlantic Intracoastal Waterway (AIWW) at a point approximately two miles west of the Rich Inlet throat. Green Channel meanders to the northeast on the landward side of Lea-Hutaff Island and intersects with the AIWW approximately 1.75 miles north of the Rich Inlet throat. Material dredged from the inlet and channels will be placed along the central and northern portions of Figure Eight Island and, if needed, along portions of Lea-Hutaff Island. The objective of the placement of beach fill along the Figure Eight Island's shoreline is to keep the design fill density less than 50 cubic yards/foot, to avoid the placement of a permanent static vegetation line. This beach fill would be maintained through a program of periodic beach nourishment events with the material extracted from the dredging of Rich Inlet to maintain the inlet in an optimum location.

The Department of the Navy (DON) has prepared and filed with the U.S. Environmental Protection Agency (EPA) a DSEIS to provide additional analysis of the potential environmental consequences associated with the construction and operation of an Outlying Landing Field (OLF) to support Field Carrier Landing Practice (FCLP) operations of F/A-18 E/F (Super Hornet) squadrons stationed at Naval Air Station (NAS) Oceana, VA and Marine Corps Air Station (MCAS) Cherry Point, NC. The analysis supplements the evaluation presented in the Final Environmental Impact Statement (Final EIS) for the Introduction of F/A- 18 E/F (Super Hornet) Aircraft to the East Coast of the United States, which was released to the public in July 2003, and is not to be considered independent of the Final EIS. Public hearings will be held to provide information and receive oral and written comments on the DSEIS. Federal, state, and local agencies, and interested individuals are invited to be present or represented at hearings.

The U.S. Army Corps of Engineers (Corps) is proposing to amend the existing regulations for a restricted area at Naval Air Station Key West (NASKW). Naval Air Station Key West maintains ammunition magazines on Fleming Island that have explosive safety quality-distance (ESQD) requirements in place to ensure reasonable safety from serious injury should there be a magazine fire or explosion. The current restricted area regulations do not adequately cover the ESQD requirements. This amendment to the existing regulation is necessary to protect the public from potentially hazardous conditions that may exist as a result of military use of the area.

This notice announces the availability of the Missile Defense Agency's (MDA) Ballistic Missile Defense System (BMDS) Final Programmatic Environmental Impact Statement (PEIS), which analyzes the potential impacts to the environment of MDA's proposal to develop, test, deploy, and plan for decommissioning an integrated BMDS. The PEIS addresses the integrated BMDS and the development and application of new technologies; evaluates the range of complex programs, architecture, and assets that comprise the BMDS; and provides a framework for future environmental analyses as activities evolve and mature.

In compliance with Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Retirement and Separation Division, Air Force Personnel Center, announces the proposed extension of a 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 performance 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.

This Notice is published in accordance with Section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463). The topic of the meeting on March 13-14, 2007 are to review new start and continuing research and development projects requesting Strategic Environmental Research and Development Program funds in excess of $1M. This meeting is open to the public. Any interested person may attend, appear before, or file statements with the Scientific Advisory Board at the time and in the manner permitted by the Board.

Section 116 of Pub. L. 108-447, dated December 8, 2004, authorized the U.S. Army Corps of Engineers' (Corps) participation in construction of the Central City project. A Final Environmental Impact Statement (FEIS) was completed for the Central City Project in Janauary 2006. A Record of Decision (ROD) recommending the Community-Based Alternative and determining it was technically sound and environmentally acceptable was signed by the Assistant Secretary of the Army for Civil Works (ASA (CW)) on April 7, 2006. An Interim Feasibility Report with Integrated Environmental Assessment (with signed Finding of No Significant Impact) for the Riverside Oxbow Project was approved by the Chief of Engineers on May 29, 2003. An addendum, dated April 2005, was prepared to address comments from the ASA (CW); however, neither construction funding nor authority for implementation of this project has been provided by Congress to date. By letter dated June 22, 2006, the City of Fort Worth requested the Corps to evaluate the potential benefits of merging the Central City Project with the Riverside Oxbow project. They identified potential benefits including greater opportunity for valley storage requirements, increased restoration opportunities, and cost savings. After an initial evaluation, the Corps determined that alternative areas along the West Fork of the Trinity River including areas within the Riverside Oxbow project had the potential to provide the required hydraulic mitigation, provide comparable ecosystem restoration outputs, reduce habitat mitigation requirements, and lower overall project costs. These potential modifications to the projects may be substantial and a supplement to the Central City environmental impact statement should be prepared concurrently with a more detailed analysis. Therefore, this Notice of Intent to prepare Supplement No. 1 to the FEIS for the Central City project is being issued in accordance with the Council on Environmental Quality's NEPA implementing regulations at 40 CFR Parts 1500-1508.

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. Patent Application No. 11/340,375 entitled ``Medical Image Processing Methodology for Detection and Discrimination of Objects in Tissue,'' filed on January 26, 2006. The United States Government, as represented by the Secretary of the Army, has rights in this invention.

Section 302 of Public Law 99-662 established the Inland Waterways Users Board. The Board is an independent Federal advisory committee. The Secretary of the Army appoints its 11 members. This notice is to solicit nominations for six (6) appointments or reappointments to two-year terms that will begin after August 1, 2007.

The Director of Defense Procurement and Acquisition Policy has suspended the use of the price evaluation adjustment for small disadvantaged businesses (SDBs) in DoD procurements, as required by 10 U.S.C. 2323(e)(3), because DoD exceeded its 5 percent goal for contract awards to SDBs in fiscal year 2006. The suspension will be in effect for 1 year and will be reevaluated based on the level of DoD contract awards to SDBs achieved in fiscal year 2007.

The CNO Executive Panel will report on the findings and recommendations of the Latin America Subcommittee and Missile Defense Subcommittee to the Chief of Naval Operations. The meeting will consist of discussions of current and future Navy strategy, plans, and policies in Latin America, as well as discussions of the U.S. Navy's emerging missions and capabilities for sea-based missile defense.

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 debarment and suspension. A request for public comments was published in the Federal Register at 71 FR 75236, on December 14, 2006. No comments were received. This OMB clearance expires on March 31, 2007. 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.

Pursuant to section 102(2)(C) of the National Environmental Policy Act (NEPA) of 1969, and the regulations implemented by the Council on Environmental Quality (40 CFR parts 1500-1508), the Department of the Navy (DON) announces its intent to prepare an EIS to evaluate the potential environmental consequences of construction of facilities for and operation of the SISS. The DON's Space and Naval Warfare Systems Center San Diego (SSC San Diego) proposes to construct and operate a SISS at Naval Base Kitsap- Bangor (NBK-Bangor). In response to the terrorist attacks of September 11, 2001, the U.S. Government has increased security requirements at its military installations. Chief of Naval Operations Instruction (OPNAVINST) 5530.14C, Navy Physical Security Manual, establishes requirements for security at naval bases, including NBK-Bangor. OPNAVINST 5530.14C requires waterside security measures be implemented to protect the DON's assets. The proposed SISS is needed to provide additional waterside security at NBK-Bangor to counter threats from surface and submerged swimmers. SSC San Diego is the Action Proponent. Other than the preferred alternative, the most effective alternatives would be use of Combat Swimmers and Remotely Operated Vehicles (ROVs). Under the Combat Swimmers alternative, specially trained personnel would be used to interdict underwater intruders. The combat swimmers would be aboard Harbor Security Boats (HSB) and would be deployed into the water to respond to security alerts by finding, identifying, and marking the location of underwater objects or initiating interdiction of intruders. Under the ROV alternative, ROVs would be deployed from HSBs to respond to security alerts by finding, identifying, and marking the location of underwater objects or initiating interdiction of intruders. A No Action alternative will also be evaluated. Under this alternative, no SISS would be implemented.

DoD has issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to update text pertaining to DoD fuel card programs. The rule addresses use of the Aviation Into- plane Reimbursement card for purchases of aviation fuel and oil.

DoD has adopted as final, without change, an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement Section 344 of the National Defense Authorization Act for Fiscal Year 2006. Section 344 extends, through September 30, 2007, the period during which contractor performance of security-guard functions at military installations or facilities is authorized to fulfill additional requirements resulting from the terrorist attacks on the United States on September 11, 2001.