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

The Department of the Navy (DON), after consultation with the Attorney General as required by 5 U.S.C. 575(c), has adopted a policy that authorizes contracting officers to use binding arbitration procedures for issues in controversy arising under procurement contracts using appropriated and non-appropriated funds.

Under the provisions of 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 102-3.65, the Department of Defense gives notice that it intents to establish the U.S. Southern Command Advisory Group, as a discretionary Federal advisory committee. This committee will provide the Secretary of Defense, through the Chairman of the Joint Chiefs of Staff and the Commander, U.S. Southern Command independent advice and recommendations on the dynamic, transnational challenges facing the United States and its allies with respect to the U.S. Southern Command responsibilities. In accordance with DoD policy and procedures, the Commander U.S. Southern Command is authorized to act upon the advice emanating from this advisory committee. The U.S. Southern Command Advisory Group shall be composed of no more than 25 members who are eminent authorities in the fields of national defense, geopolitical and national security affairs, or Latin America and the Caribbean. Committee members appointed by the Secretary of Defense, who are not full-time Federal officers or employees, shall serve as Special Government Employees under the authority of 5 U.S.C. 3109. The U.S. Southern Command Advisory Group, in keeping with DoD policy to make every effort to achieve a balanced membership, include a cross section of experts directly affected, interested and qualified to advice on US security interests in the Americas. Committee members shall be appointed on an annual basis by the Secretary of Defense, and with the exception of travel and per diem for official travel, shall serve without compensation. The Commander, U.S. Southern Command shall select the committee's chairperson from the committee's membership at large. The U.S. Southern Command Advisory Group shall meet at the call of the committee's Designated Federal Officer, in consultation with the Chairperson and the Commander U.S. Southern Command. The Designated Federal Officer shall be a full-time or permanent part-time DoD employee, and shall be appointed in accordance with established DoD policies and procedures. The Designated Federal Officer or duly appointed Alternate Designated Federal Officer shall attend all committee meetings and subcommittee meetings. The U.S. Southern Command Advisory Group shall be authorized to establish subcommittees, as necessary and consistent with its mission, and these subcommittees or working groups shall operate under the provisions of 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 other appropriate Federal regulations. Such subcommittees or workgroups shall not work independently of the chartered committee, and shall report all their recommendations and advice to the U.S. Southern Command Advisory Group for full deliberation and discussion. Subcommittees or workgroups have no authority to make decisions on behalf of the chartered committee nor can they report directly to the Department of Defense or any Federal officers or employees who are not members of the U.S. Southern Command Advisory Group.

The Placer Vineyards Specific Plan Property Group proposes to construct a mixed-use master planned community with residential, employment, commercial, open space, recreational and public/quasi- public land uses. The Plan provides for 14,132 homes in a variety of housing types, styles, and densities. At full Plan build-out, projected to occur over a 20- to 30-year time period, Placer Vineyards will have a population of approximately 33,000 people, 42 acres of employment centers, 140 acres of retail commercial centers and approximately 930 acres of new parks and open space. This project, as proposed, would result in impacts to approximately 102.7 acres of waters of the United States, including 8.5 acres of temporary impacts to water and wetlands.

In accordance with 37 CFR part 404.6, announcement is made of the availability for licensing of U.S. Patent No. US 7,186,792 B2 entitled ``Methods for Polymerization of Electronic and Photonic Polymers'' issued March 6 2007. This patent has been assigned to the United States Government as represented by the Secretary of the Army.

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 No. 7,154,433 entitled ``Method and Device for the Detection and Track of Targets in High Clutter,'' issued on December 26, 2006. The United States Government, as represented by the Secretary of the Army, has rights in this invention.

The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to update the procedures for the acceptance of a bond with a security interest in real property.

Pursuant to the National Environmental Policy Act of 1969, as amended (NEPA) (42 U.S.C. 4321 et seq.) and the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA (40 CFR Parts 1500-1508), DTRA has prepared and issued a final PEIS for the proposed testing activities at WSMR. The PEIS addresses the potential environmental impacts associated with implementing the proposed action, alternative, and no action alternative over a 10 year period. The purpose of the proposed action is to provide adequate test areas and facilities to evaluate the lethality effectiveness of weapon systems used against simulated enemy ground targets producing, storing, or controlling Weapons of Mass Destruction (WMD). There is a need to improve weapon systems designed to defeat enemy military assets including hardened and reinforced structures. These enemy military assets can house WMD and pose a significant threat to international stability and peaceful coexistence among nations. The military structures and equipment of the United States and its allies must also be refined to better withstand attack by enemy weapons systems to reduce collateral damage. The PEIS presents descriptions of the proposed action, an overview of the affected environment at and near the test sites, and the potential environmental consequences associated with the proposed action and alternatives, including the no action alternative. The final PEIS evaluates two alternatives in addition to the no action alternative. The proposed action (alternative 1, DTRA's Preferred Alternative) involves expanding existing test beds and creating new ones; expanding the range of test types including targets, simulants, delivery systems and explosives; implementing infrastructure improvements at the Permanent High Explosive Test Site Administrative Park; and testing special weapons and delivery systems. Alternative two contains all of the actions described in alternative one plus the use of chemical simulants and taggants/tracers that are considered to have higher toxicity levels than those considered under alternative one. The increased hazards of using these chemicals lead to identifying alternative one as the preferred alternative.

The Department of the Army announces the availability of a DEIS that evaluates the potential environmental impacts associated with realignment actions directed by the Base Realignment and Closure (BRAC) Commission at Aberdeen Proving Ground, Maryland.

In accordance with Section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), announcement is made of the following committee meeting: Name of Committee: Board of Visitors, United States Military Academy. Date: Wednesday, April 25, 2007. Place of Meeting: The Capitol Building, Room H137, Washington, DC. Time of Meeting: Approximately 9:30 a.m. through 3 p.m. Board Mission: The Board, under the provisions of 10 U.S.C. 4355, and the Federal Advisory Committee Act of 1972, as amended, shall provide the President of the United States independent advice and recommendations on matters relating to the U.S. Military Academy, to include but not limited to morale and discipline, curriculum, instruction, physical equipment, and academic methods. Board Membership: The Board is composed of 15 members, 9 of which are members of Congress and 6 persons designated by the President. The 2007 Chairman of the Board is Congressman John McHugh, New York-23rd District.

Pursuant to Section 10(a), Public Law 92-463, as amended, notice is hereby given of a forthcoming meeting of the Defense Department Advisory Committee on Women in the Services (DACOWITS). The purpose of the Committee meeting is to begin work on the 2007 report topics to include military women's health care in the theater of operations and spouses' employment opportunities. The meeting is open to the public, subject to the availability of space. Interested person may submit a written statement for consideration by the Defense Department Advisory Committee on Women in the Services. Individuals submitting a written statement must submit their statement to the Point of Contact listed below at the address detailed below, NLT 5 p.m. March 21st 2007. If a written statement is not received by March 21st 2007 prior to the meeting, which is the subject of this notice, then it may not be provided to or considered by the Defense Department Advisory Committee on Women in the Services until its next open meeting. The Designated Federal Officer will review all timely submissions with the Defense Department Advisory Committee on Women in the Services Chairperson and ensure they are provided to the members of the Defense Department Advisory Committee on Women in the Services. If members of the public are interested in making an oral statement, a written statement must be submitted as above. After reviewing the written comments, the Chairperson and the Designated Federal Officer will allow the submitter of the comments to orally present their issue during an open portion of this meeting or at a future meeting permitting time allows and the topics are relevant to the Committee's activities. Two minutes will be allotted to persons desiring to make an oral presentation. Oral presentations by members of the public will be permitted only on Tuesday, 27 March from 4:30 p.m. to 5 p.m. before the full Committee. Number of oral presentations to be made will depend on the number of requests received from members of the public.

The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to update and clarify policy for synopses of proposed contract actions and to delete all references to Numbered Notes.

The Department of the Navy is amending its certifications and exemptions under the International Regulations for Preventing Collisions at Sea, 1972 (72 COLREGS), to reflect that the Deputy Assistant Judge Advocate General (Admiralty and Maritime Law) has determined that USS MESA VERDE (LPD 19) is a vessel of the Navy which, due to its special construction and purpose, cannot fully comply with certain provisions of the 72 COLREGS without interfering with its special function as a naval ship. The intended effect of this rule is to warn mariners in waters where 72 COLREGS apply.

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:

This proposed rule tells how to apply for the Air Force Academy Preparatory School. It also explains the procedures for selection, disenrollment, and assignment. This rule has been updated to identify USAFA's revised mission statement, new selection criteria and updates of associated Air Force Instructions.

The Defense Finance and Accounting Service (DFAS) is proposing to add a new system of records notice to its inventory of record systems subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended.

The Department of the Navy is amending a system of records notice in its existing inventory of record 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 Department of the Air Force proposes to add a system of records notice to its inventory of records systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended.

Pursuant to section 102(2)(C) of the National Environmental Policy of 1969, as implemented by the Council on Environmental Quality Regulations (40 CFR Parts 1500-1508), and Executive Order 12114, the Department of the Navy (DON) announces its intent to prepare an EIS/ OEIS to evaluate the potential environmental effects associated with relocating Command, Air, Ground, and Logistics units (which includes approximately 8,000 service members and 9,000 family members) from Okinawa, Japan to Guam. The EIS/OEIS will examine potential impacts from activities associated with the Marine Corps units' relocation to include operations, training, and infrastructure changes. DON also proposes to enhance the infrastructure, logistic capabilities, and improve pier/waterfront facilities to support transient CVN berthing at Naval Base Guam. The EIS/OEIS will examine potential impacts of the waterfront improvements associated with the proposed transient berthing. Finally, the proposed action will evaluate placing a BMD task force (approximately 630 service members and 950 family members) in Guam. The EIS/OEIS will examine potential impacts from activities associated with the task force to include operations, training, and infrastructure changes. The purpose and need of the proposed action is to fulfill U.S. government national security and alliance requirements in the Western Pacific Region. Guam's location as the westernmost part of the United States is critical to national security. The Department of Defense (DoD) national security strategy would increase the role of Guam and the Commonwealth of the Northern Mariana Islands (CNMI) through the relocation of Marines to Guam, increased presence of a transient CVN, and enhanced capability to defend critical military assets. Mission critical, mission support, and community support infrastructure improvements are needed to ensure that Navy Region Marianas can provide expanded direct support of the DoD strategic mission and operational readiness in the Western Pacific Region. Infrastructure improvements would need to provide: Military training, subsequent garrison, operations, and infrastructure to support the U.S. Marines relocation to Guam. Port infrastructure for support to the transient presence of a CVN within Apra Harbor. Infrastructure to support the BMD task force, which can intercept missiles with potential to impact the critical military assets. The EIS/OEIS will consider reasonable alternatives for siting operational, training, and support facilities on Guam, in addition to the no-action alternative. The DON Joint Guam Program Office (JGPO) will seek the input of the public on siting alternatives during the scoping meetings described below. Seven Federal agencies will be invited to be cooperating agencies: National Oceanographic and Atmospheric Administration; National Marine Fisheries; U.S. Fish and Wildlife Service; U.S. Department of Agriculture, Wildlife Services; Department of Transportation Federal Highway Administration; Federal Aviation Administration; and the National Park Service.

The Department of Defense is publishing the unclassified text of a section 36(b)(1) arms sales notification. This is published to fulfill the requirements of section 155 of Pub. L. 104-164 dated 21 July 1996.