Department of Defense March 2007 – Federal Register Recent Federal Regulation Documents
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Intent To Prepare a Draft Supplemental Environmental Impact Statement (DSEIS) on the Mississippi River-Gulf Outlet, New Lock and Connecting Channels, LA
The U.S. Army Corps of Engineers (Corps), New Orleans District intends to prepare a Draft Supplemental Environmental Impact Statement (DSEIS) to evaluate potential impacts of the construction of a replacement lock in the Industrial Canal located in New Orleans, LA. The original EIS, Main Report and Final Environmental Impact Statement for the Mississippi RiverGulf Outlet, New Lock and Connecting Channels, Louisiana (Evaluation Report and EIS) issued in March 1998 focused on the potential impacts of construction of a new lock, including impacts to the local community and supporting infrastructure. After evaluating the March 1998 EIS, the Corps issued a Record of Decision (ROD) on December 18, 1998 selecting the location and construction method of the replacement lock and several additional project components to improve the surrounding project area. The Corps decision was challenged in United States District Court and the Court's Order on Motions for Summary Judgment was issued on October 3, 2006 as part of Case No. 2:03-cv-00370-EEF-KWR, United States District Court Eastern District of Louisiana. The Courts' decision enjoined the Corps from continuing with the project until additional compliance with the National Environmental Policy Act (NEPA) is completed. Accordingly, the Corps is preparing a SEIS.
Sunshine Act; Department of Defense Task Force on the Future of the Military Health Care
Pursuant to the Federal Advisory Committee Act of 1972 (5 U.S.C., Appendix, as amended) and the Sunshine in the Government Act of 1976 (5 U.S.C. 552b, as amended), announcement is made of the following committee meeting: Name of Committee: Department of Defense Task Force on the Future of the Military Health Care, a duly established subcommittee of the Defense Health Board.
Submission for OMB Review; Comment Request Entitled Notification of Ownership Changes
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 Notification of Ownership Changes. A request for public comments was published at 71 FR 67341, November 21, 2006. 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.
Increase of Cargo Liability Insurance Amount Per Shipment for the Movement of DPS Shipments
The Military Surface Deployment and Distribution Command (SDDC), as the Traffic Manager for Department of Defense (DOD) Personal Property Program, is reminding the Transportation Service Provider (TSP) community of SDDC's increase in Cargo Liability Insurance. The Amount Per Shipment increases from $22,500 to $50,000 Amount Per Shipment for all shipment movement of Personal Property (Domestic, International and Mobile Homes/Boats) within the Families First Phase II program utilizing the Defense Personal Property System (DPS). This announcement is made pursuant to Families First, Phase II, Business Rules, E, TSP Qualifications, 2.1.9. Effective immediately, all shipments moving within the DPS program will move at the minimum Cargo Liability Insurance of $50,000 Amount Per Shipment. SDDC will require certificates of the higher insurance as the DPS system is capable of accepting such certificates electronically, but this is effective now and will not be delayed due to delay in filing electronically the proof of the higher insurance amount.
Adoption of Alternative Arrangements Under the National Environmental Policy Act for New Orleans Hurricane and Storm Damage Reduction System
The notice published in the Federal Register on March 13, 2007 (72 FR 11337) contained an incorrect address for the New Orleans East Sub-Basin scoping meeting being held on April 11, 2007. The scoping meeting will be held at the Avalon Hotel & Conference Center, 10100 I- 10 Service Road, New Orleans, LA 70121.
Draft Environmental Impact Statement for the Renewal of Special Use Permit for Military Activities on the De Soto National Forest and Implementation of Installation Mission Support Activities at Camp Shelby, MS
This Draft Environmental Impact Statement (DEIS) has been prepared by National Guard Bureau (NGB) and the United States Department of AgricultureForest Service (USDA-FS). NGB is the lead agency and the USDA-FS is serving as a cooperating agency in the development of this DEIS for the renewal of the current Special Use Permit (SUP) that authorizes military training activities at Camp Shelby Joint Forces Training Center.
Privacy Act of 1974; Systems of Records
The Defense Logistics Agency is deleting a system of records notice to its existing inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended.
Federal Acquisition Regulation; FAR Case 2006-011, Representations and Certifications - Tax Delinquency
The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to change the provision regarding certification regarding debarment, suspension, proposed debarment, and other responsibility matters, and to make changes to the language regarding contractor qualifications, to add language regarding nonpayment of taxes. This proposed rule requires offerors to also certify whether or not they have, within a three-year period preceding the offer, been convicted of or had a civil judgment rendered against them for violating any tax law or failing to pay any tax, or been notified of any delinquent taxes for which the liability remains unsatisfied. In addition, the offeror will be required to certify whether or not they have received a notice of a tax lien filed against them for which the liability remains unsatisfied or the lien has not been released.
Department of Defense Task Force on Mental Health, Sunshine Act Meeting
Pursuant to the Federal Advisory Committee Act of 1972 (5 U.S.C., Appendix, as amended), the Sunshine in the Government Act of 1976 (5 U.S.C. 552b, as amended), and 41 CFR 102-3.150, the following meeting is announced: Name of Committee: Department of Defense Task Force on Mental Health, a duly established subcommittee of the Defense Health Board. Dates: April 16, 2007 (Morning and AfternoonOpen Session). Times: 9 a.m.-11:30 a.m. (Morning). 1 p.m.-3 p.m. (Afternoon). 3 p.m.-4 p.m. (Public Testimony). Location: Marriott Plaza, 555 South Alamo, San Antonio, Texas 78205. Agenda: Pursuant to 5 U.S.C. 552b, as amended, and 42 CFR 102-3.140 through 102-3.165, and the availability of space this meeting is open to the public. The purpose of the meeting is to obtain, review, and evaluate information related to the Mental Health Task Force's congressionally-mandated task of assessing the efficacy of mental health services provided to members of the Armed Forces by the Department of Defense. The Task Force members will publicly deliberate on the Elements of the Report outlined by Congress in regards to mental health care delivery to military service members, their families, and veterans. In addition to public deliberations, the Task Force will also conduct administrative sessions.
Department of Defense Task Force on the Future of the Military Health Care; Sunshine Act Meeting
Pursuant to the Federal Advisory Committee Act of 1972 (5 U.S.C., Appendix, as amended) and the Sunshine in the Government Act of 1976 (5 U.S.C. 552b, as amended), the Department of Defense announces an amendment to the March 9, 2007 meeting notice for the Department of Defense Task Force on the Future of the Military Health Care. On Friday, March 9, 2007 (72 FR 10717), the Department of Defense Task Force on the Future of the Military Health Care announced that its March 28, 2007 meeting would conduct an open meeting from 8:30 a.m. to 4 p.m. The March 9th Federal Register notice also indicated that the Task Force would hold an administrative work meeting from 8:30 a.m. to 9:15, and a preparatory work meeting from 3:30 p.m. to 4 p.m. Due to changing requirements, the Task Force has cancelled its previously scheduled administrative work meeting and will delay the start of its open meeting. Instead the Task Force will conduct a preparatory work meeting from 8:30 a.m. to 11:45 a.m. to gather information, conduct research and analyze relevant issues and facts to draft position papers for deliberation by the Task Force Members. Following the preparatory work meeting, the Task Force will conduct an open meeting. The open meeting will be from 12 p.m. to 3:30 p.m., and the public or interested parties are invited to attend the meeting. Immediately following the public meeting, the Task Force will hold its previously announced preparatory work meeting from 3:40 p.m. to 4 p.m. In addition to changing the March 28, 2007 meeting schedule, the Task Force is changing the topics to be discussed at the open meeting. The Task Force will discuss managed care issues. All March 28, 2007 meetings of the Department of Defense Task Force on the Future of the Military Health Care will be held at the National Transportation. In view of the Task Force's decision to cancel its administrative work meeting to analyze relevant issues and facts to draft position papers for deliberation, the Committee Management Officer for the Department, pursuant to his authority under 41 CFR 102-3.150(b), has authorized a waiver to the 15-calendar day rule (41 CFR 102-3.150(a)). Additional information and meeting registration is available online at the Defense Health Board Web site, https://www.ha.osd.mil/dhb.
Privatization of Packaged Petroleum, Oils, and Lubricants and Certain Classes of Chemicals
The Defense Logistics Agency (DLA) announces the availability of the Environmental Assessment (EA) and Draft Finding of No Significant Impact (FONSI) for the privatization of Packaged Petroleum, Oils, and Lubricants (POL) as recommended by the 2005 Base Realignment and Closure (BRAC) Commission, and certain classes of chemicals (Federal Supply Codes (FSCs) 6810, 6820, 6840, and 6850), a non-BRAC related action. Hereafter, POLs and the certain classes of chemicals are collectively referred to as POLs. This announcement is made pursuant to the Council on Environmental Quality's regulations (40 CFR parts 1500-1508) and the DLA regulation (DLAR 1000.22, Environmental Considerations in DLA Actions in the United States) that implement the National Environmental Policy Act (NEPA).
Privacy Act of 1974; System of Records
The Office of the Secretary of Defense is amending four system of records notices in its existing inventory of record systems subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended.
U.S. Court of Appeals for the Armed Forces Code Committee Meeting
This notice announces the forthcoming public meeting of the Code Committee established by Article 146(a), Uniform Code of Military Justice, 10 U.S.C. 946(a), to be held at the Courthouse of the United States Court of Appeals for the Armed Forces, 450 E Street, NW., Washington, DC 20442-0001, at 10 a.m. on Tuesday, May 15, 2007. The agenda for this meeting will include consideration of proposed changes to the Uniform Code of Military Justice and the Manual for Courts- Martial, United States, and other matters relating to the operation of the Uniform Code of Military Justice throughout the Armed Forces.
Privacy Act of 1974; System of Records
The Defense Finance and Accounting Service proposes to delete system of records from its inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended.
Meeting of the Advisory Council on Dependents' Education
Pursuant to the Federal Advisory Committee Act, Appendix 2 of title 5, United States Code, Public Law 92-463, notice is hereby given that a meeting of the Advisory Council on Dependents' Education (ACDE) is scheduled to be held on May 4, 2007, from 8 a.m. to 5 p.m. The meeting will be held at the InterContinental Hotel Frankfurt, Wilhelm- Leuschner Strasse 43, Frankfurt, Germany 60329. The purpose of the ACDE is to recommend to the Director, DoDEA, general policies for the operation of the Department of Defense Dependents Schools (DoDDS); to provide the Director with information about effective educational programs and practices that should be considered by DoDDS; and to perform other tasks as may be required by the Secretary of Defense. The meeting emphases will be the current operational qualities of schools and the institutionalized school improvement processes, as well as other educational matters. For further information contact Mr. Jim Jarrard at 703-588-3121, or at James.Jarrard@hq.dodea.edu.
Meeting of the DOD Advisory Group on Electron Devices
The DoD Advisory Group on Electron Devices (AGED) announces a closed session meeting.
Privacy Act of 1974; System of Records
The Department of the Army is proposing to alter a system of records in its existing inventory of records systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended.
Privacy Act of 1974; System of Records
The Department of the Army 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.
Privacy Act of 1974; System of Records
The Department of the Army is proposing to alter a system of records in its existing inventory of records systems subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended.
Privacy Act of 1974; Systems of Records
The Defense Logistics Agency proposes to alter a system of records notice in its existing inventory of records systems subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended.
Meeting of the Board of Visitors of Marine Corps University
The Board of Visitors of the Marine Corps University (BOV MCU) will meet to review, develop, and provide recommendations on all aspects of the academic and administrative policies of the University; examine all aspects of professional military education operations; and provide such oversight and advice, as is necessary, to facilitate high educational standards and cost effective operations. The BOV MCU will be focusing primarily on Professional Military Education in the Marine Corps. All sessions of the meeting will be open to the public.
Defense Federal Acquisition Regulation Supplement; Prohibition on Acquisition from Communist Chinese Military Companies (DFARS Case 2006-D007)
DoD has adopted as final, without change, an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement Section 1211 of the National Defense Authorization Act for Fiscal Year 2006. Section 1211 prohibits DoD from acquiring United States Munitions List items from Communist Chinese military companies.
Defense Federal Acquisition Regulation Supplement; Free Trade Agreements-Guatemala and Bahrain (DFARS Case 2006-D028)
DoD has adopted as final, without change, an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement the United States-Bahrain Free Trade Agreement and the Dominican Republic-Central America-United States Free Trade Agreement with respect to Guatemala. The Free Trade Agreements waive the applicability of the Buy American Act for some foreign supplies and construction materials and specify procurement procedures designed to ensure fairness.
Defense Federal Acquisition Regulation Supplement; Electronic Submission and Processing of Payment Requests (DFARS Case 2005-D009)
DoD has issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to update policy addressing requirements for DoD contractors to submit payment requests in electronic form. The rule clarifies the situations under which DoD will grant exceptions to requirements for electronic submission of payment requests.
Information Collection Requirement; Defense Federal Acquisition Regulation Supplement; Contract Financing
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, 2007. DoD proposes that OMB extend its approval for use for three additional years.
Defense Federal Acquisition Regulation Supplement; Technical Amendments
DoD is making technical amendments to the Defense Federal Acquisition Regulation Supplement (DFARS) to update references within the DFARS text.
Defense Federal Acquisition Regulation Supplement; New Designated Countries (DFARS Case 2006-D062)
DoD has issued an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement the Dominican Republic-Central America-United States Free Trade Agreement with respect to the Dominican Republic. The rule also adds Bulgaria and Romania to the list of countries covered by the World Trade Organization Government Procurement Agreement.
Defense Federal Acquisition Regulation Supplement; Closeout of Contract Files (DFARS Case 2006-D045)
DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to remove text addressing DoD procedures for closeout of contract files. The text proposed for removal will be relocated to the DFARS companion resource, Procedures, Guidance, and Information.
Sunshine Act; Defense Task Force on Sexual Assault in the Military Services
On March 12, 2007 (72 FR 10988), the Department of Defense announced a meeting on Defense Task Force on Sexual Assault in the Military Services. Pursuant to the Federal Advisory Committee Act of 1972 (5 U.S.C., Appendix, as amended), the Sunshine in the Government Act of 1976 (5 U.S.C. 552b, as amended), and 41 CFR 102-3.150 and 160, the following meeting cancellation notice is announced:
Sunshine Act; Notice of Partially-Closed Meeting
Pursuant to the Federal Advisory Committee Act of 1972 (5 U.S.C., Appendix as amended), the Sunshine in the Government Act of 1976 (5 U.S.C. 552b, as amended), and 41 CFR 102-3.150, the following meeting notice is announced. In accordance with section 10(a)(2) of Public Law.
Air University Board of Visitors; Notice of Meeting
The purpose of the meeting is to give the board an opportunity to review Air University educational programs and to present to the Commander, a report of their findings and recommendations concerning these programs. Discussions will include overall university status, degree-granting authority, reaffirmation preparations, and undergraduate education updates.
HQ USAF Scientific Advisory Board; Notice of Meeting
The Air Force Scientific Advisory Board (SAB) will meet on 10 April 2007 at Air Intelligence Agency (AIA), Lackland Air Force Base, TX. The purpose of the meeting is to hold the SAB Spring quarterly meeting. The day will be spent in classified briefings and discussion with Air Intelligence Agency to learn about their roles and mission. Visits will also be made to various tenant units also at Lackland Air Force Base. Pursuant to 5 U.S.C. 552b, as amended and 41 CFR 102-3.155, the Department of Defense has determined that the meeting shall be closed to the public. The Administrative Assistant to the Secretary of the Air Force, in consultation with the Office of the Air Force General Counsel, has determined in writing that the public interest requires that all sessions of this meeting be closed to the public because they will be concerned with matters listed in section 552b(c)(1) and (9)(B) of Title 5 United States Code.
Defense Logistic Agency Privacy Program
The Defense Logistic Agency recently altered an existing Privacy Act system of records notice identified as S500.60, entitled ``DLA Hotline Program.'' As part of the alteration, the system identifier and the system name were revised; therefore, the existing exemption rule for this particular system of records is being amended to reflect the new system identifier and the new system name. No other changes have been made to the existing rule.
Privacy Act of 1974; Systems of Records
The Defense Logistics Agency proposes to alter a system of records notice in its existing inventory of records systems subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended.
Intent To Hold an Open Meeting of the North Dakota River Task Force Established by the Missouri River Protection and Improvement Act of 2000 (Title VII)
The duties of the Task Force are to prepare and approve a plan for the use of the funds made available under Title VII to promote conservation practices in the Missouri River watershed, control and remove the sediment from the Missouri River, protect recreation on the Missouri River from sedimentation, and protect Indian and non-Indian historical and cultural sites along the Missouri River from erosion.
Notice of Availability of the Fort Bliss, Texas and New Mexico, Mission Master Plan Final Supplemental Programmatic Environmental Impact Statement
The Department of the Army announces the availability of a Final Supplemental Programmatic Environmental Impact Statement (SEIS) 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 (IGPBS), Base Realignment and Closure (BRAC), the Army Campaign Plan, and other Army initiatives. The Final SEIS supplements 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.
TRICARE; Changes Included in the John Warner National Defense Authorization Act for Fiscal Year 2007; Authorization of Anesthesia and Other Costs for Dental Care for Children and Certain Other Patients
This proposed rule will implement section 702 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (NDAA for FY 2007), Pubic Law 109-364. Specifically, that legislation amends the coverage of contracted medical care with respect to dental care beyond that care required as a necessary adjunct to medical or surgical treatment. The entitlement of institutional and anesthesia services is authorized in conjunction with non-covered dental treatment for patients with developmental, mental, or physical disabilities or for pediatric patients age 5 or under. This proposed rule will not eliminate any contracted medical care that is currently covered for spouses and children. The entitlement of anesthesia services will include general anesthesia services only. Institutional services will include institutional benefits associated with both hospital and in-out surgery settings. Patients with developmental, mental, or physical disabilities are those patients with conditions that prohibit dental treatment in a safe and effective manner. Therefore, it is medically or psychologically necessary for these patients to require general anesthesia for dental treatment.
Notice of Availability of the Draft Environmental Impact Statement (DEIS) for Base Realignment and Closure (BRAC) and Enhanced Use Lease (EUL) Actions at Fort Meade, MD
The Department of the Army announces the availability of the DEIS which evaluates the potential environmental impacts associated with realignment actions directed by the Base Realignment and Closure (BRAC) Commission and Army Enhanced Use Lease (EUL) Actions at Fort Meade, Maryland.
Notice of Availability of the Final Environmental Impact Statement (FEIS) for Base Closure and Realignment (BRAC) Actions at Fort Sam Houston, TX
The Department of the Army announces the availability of an FEIS which evaluates the potential environmental impacts associated with realignment actions directed by the BRAC Commission at Fort Sam Houston and Camp Bullis, Texas.
Federal Acquisition Regulation; FAR Case 2006-012, Contract Terms and Conditions Required to Implement Statute or Executive Orders-Commercial Items
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 update the required contract clauses that implement provisions of law or executive orders for acquisitions of commercial items.
Federal Acquisition Regulation; Federal Acquisition Circular 2005-16; Introduction
This document summarizes the Federal Acquisition Regulation (FAR) rules agreed to by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council in this Federal Acquisition Circular (FAC) 2005-16. A companion document, the Small Entity Compliance Guide (SECG), follows this FAC. The FAC, including the SECG, is available via the Internet at https://www.regulations.gov.
Federal Acquisition Regulation; FAR Case 2005-033; Implementation of Wage Determinations OnLine (WDOL)
The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have agreed to adopt the interim rule published in the Federal Register at 71 FR 36930, June 28, 2006, as a final rule without change. This final rule amends the Federal Acquisition Regulation (FAR) to implement the Wage Determinations OnLine (WDOL) Internet website as the source for Federal contracting agencies to obtain wage determinations issued by the Department of Labor (DOL) for service contracts subject to the McNamara-O'Hara Service Contract Act (SCA) and for construction contracts subject to the Davis-Bacon Act (DBA).
Federal Acquisition Regulation; FAR Case 2006-019, Contracts with Religious Entities
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 Executive Order (E.O.) 11246, as amended, Equal Employment Opportunity, to incorporate the exemption for religious entities prescribed in E.O. 13279.
Federal Acquisition Regulation; FAR Case 2005-029, Termination or Cancellation of Purchase Orders
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 correct the inadvertent omission of an appropriate reference pertaining to the termination for cause procedures for purchase orders that have been accepted in writing.
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