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

Pursuant to Section (102)(2)(c) of the National Environmental Policy Act (NEPA) of 1969, as implemented by the Council on Environmental Quality Regulations (40 CFR parts 1500-1508), and Executive Order 12114, the Department of Navy (Navy) announces its intent to prepare an Environmental Impact Statement (EIS)/Overseas EIS to evaluate the potential environmental consequences associated with naval training operations in the Navy Cherry Point (CP) Range Complex. The Navy proposes to support current and emerging training and research, development, test, and evaluation (RDT&E) operations in the Navy CP Range Complex by: (1) Maintaining baseline operations at current levels; (2) increasing training operations from current levels as necessary to support the Fleet Readiness Training Plan (FRTP); (3) accommodating mission requirements associated with force structure change; and (4) implementing enhanced range complex capabilities. The EIS/OEIS study area is the Navy CP Range Complex which consists of surface and subsurface operating areas (OPAREAs), special use airspace (SUA), and instrumented ranges. The Navy CP Range Complex encompasses: 18,617 nm2 of offshore surface and subsurface OPAREA; 12,529 nm2 of deep ocean area greater than 100 fathoms (600 feet); and 18,966 nm2 of SUA (warning area). No land ranges or facilities are included within the study area for this EIS/OEIS. The focus of the EIS/OEIS is the exercises and other actions in the ocean environment. Issues associated with land-based ranges will be assessed separately by the U.S. Marine Corps. The scope of actions to be analyzed in this EIS/OEIS includes current and proposed future Navy training and RDT&E within Navy- controlled operating areas, airspace, and instrumented ranges. It also includes proposed Navy-funded range capabilities enhancements, including infrastructure improvements, which support range complex training and RDT&E. Activities that involve the use of active sonar are conducted in the Navy CP Complex; however, those potential effects are being analyzed in detail in a separate document, the Atlantic Fleet Active Sonar Training EIS/OEIS. That separate sonar EIS/OEIS addresses active sonar use as a whole by the Atlantic Fleet in the eastern Atlantic Ocean (including waters that are part of the Navy CP Complex), and in the Gulf of Mexico. The results of that sonar EIS/OEIS will be incorporated into the Navy CP Range Complex EIS/OEIS to account for active sonar effects that could occur within the geographic area of the Navy CP Range Complex. Dates and Addresses: Two public scoping meetings will be held, one in Morehead City, North Carolina and one in Wilmington, North Carolina, to receive oral and written comments on environmental concerns that should be addressed in the Navy CP Range Complex EIS/OEIS. Public scoping meetings will be held at the following dates, times, and locations: May 16, 2007, from 5 p.m. to 8 p.m. at West Carteret High School, 4700 Country Club Road, Morehead City, North Carolina, and May 17, 2007, from 5 p.m. to 8 p.m. at New Hanover High School, 1307 Market Street, Wilmington, North Carolina.

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 Public Law 104-164, dated 21 July 1996.

This notice announces a meeting of the Uniform Formulary Beneficiary Advisory Panel. The panel will review and comment on recommendations made to the Director, TRICARE Management Activity, by the Pharmacy and Therapeutics Committee regarding the Uniform Formulary. The meeting will be open to the public. Seating is limited and will be provided only to the first 220 people signing in. All persons must sign in legibly. Notice of this meeting is required under the Federal Advisory Committee Act.

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 Public Law 104-164 dated 21 July 1996.

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 Code of Federal Regulations (CFR) 102-3.140 through 160, the Department of Defense announces the forthcoming public meeting:

DoD has issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to remove text addressing a statutory prohibition on the use of nonimmigrant aliens to perform work under contracts for military construction on Guam. The statutory prohibition was repealed by Section 2810 of the National Defense Authorization Act for Fiscal Year 2007.

DoD has issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to update procedures for obtaining Department of Labor wage determinations for construction and service contracts. The DFARS amendments are consistent with changes made to the Federal Acquisition Regulation.

DoD has issued a final rule amending Defense Federal Acquisition Regulation Supplement (DFARS) text pertaining to small business programs. The rule updates and clarifies policy for contracting with small business and small disadvantaged business concerns and relocates text to the DFARS companion resource, Procedures, Guidance, and Information.

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 September 30, 2007. This proposal also includes 5 burden hours related to audit services, presently approved under OMB Control Number 0704-0187 for use through February 28, 2009. DoD proposes that OMB extend its approval for these collections for 3 additional years.

The Corps of Engineers is proposing to amend its regulations to designate an existing rifle range fan as a danger zone. The military exercise area is located within the Rifle Range of Marine Corps Air Station Cherry Point, North Carolina, along the Neuse River. The danger zone will only be activated by the Marine Corps Air Station Cherry Point during range operational hours. The Marine Corps will advise residents in the vicinity of the range fan thus ensuring their safety by alerting them to temporary potential hazardous conditions which may exist as a result of small arms exercises. There will be no change in the use of the existing exercise area. The area, however, needs to be marked on navigation charts to insure security and safety for the public. Entry points into the danger zone will be prominently marked with signage indicating the boundary of the danger zone. The placement of aids to navigation and regulatory markers will be installed in accordance with the requirements of the United States Coast Guard. If the proposed signage exceeds nationwide permit and/or regional general permit conditions, the Commander, United States Marine Corps, Marine Corps Air Station Cherry Point, North Carolina will seek additional Department of the Army authorizations.

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 Code of Federal Regulations (CFR) 102-3.140 thorough 160, the Department of Defense announces the forthcoming public meeting: Name of Committee: President's Commission on Care for America's Returning Wounded Warriors (hereafter referred to as the Commission). Date of Meeting: May 4, 2007. Time of Meeting: 10 a.m. to (To Be Determined). Place of Meeting: Hilton San Antonio Airport; 611 NW., Loop 410, San Antonio, Texas 78216; (210) 340-6060. Purpose of Meeting: To obtain, review and evaluate information related to the Commission's mission to examine the care provided to wounded service members. The Commission will receive briefings on topics relating to the care and rehabilitation of wounded service members. Agenda:

The Missile Defense Advisory Committee will meet in closed session on June 12-13, 2007, 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 receive classified briefings by intelligence officials concerning estimated future developments, as well as develop recommendations to be briefed to the Director, Missile Defense Agency.

Pursuant to Section 10(a), Public Law 92-462, as amended, notice is hereby given of a forthcoming subcommittee site visit of the President's Commission on America's Returning Wounded Warriors. The purpose of the subcommittee site visit is to gather information.

This Notice is provided pursuant to section 2905(b)(7)(B)(ii) of the Defense Base Closure and Realignment Act of 1990. It provides a partial list of military installations closing or realigning pursuant to the 2005 Defense Base Closure and Realignment (BRAC) Report. It also provides a corresponding listing of the Local Redevelopment Authorities (LRAs) recognized by the Secretary of Defense, acting through the Department of Defense Office of Economic Adjustment (OEA), as well as the points of contact, addresses, and telephone numbers for the LRAs for those installations. Representatives of state and local governments, homeless providers, and other parties interested in the redevelopment of an installation should contact the person or organization listed. The following information will also be published simultaneously in a newspaper of general circulation in the area of each installation. There will be additional Notices providing this same information about LRAs for other closing or realigning installations where surplus government property is available as those LRAs are recognized by the OEA.

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 in accordance with section 10(a)(2) of Public Law, the following meeting is announced: Name of Committee: Defense Health Board (DHB). Dates: May 3, 2007. Times: 9 a.m.-10 a.m. (Closed Session). 10 a.m.-12 p.m. (Open Session). 2 p.m.-4 p.m. (Open Session). Place of Meeting: National Transportation Safety Board Conference Center, 429 L'Enfant Plaza, Washington, DC 20594. Purpose of the Meeting: The purpose of the meeting is to address and deliberate pending and new Board issues and provide briefings for Board members on topics related to ongoing Board business. Agenda: The Defense Health Board will receive a classified briefing on biowarfare threats during a closed session from 9 to 10 a.m. During the open session that follows the Board will receive updates on the Military Vaccine Program and from the DoD Vaccine Healthcare Centers. The Board will discuss the Department's efforts to prepare for a potential influenza pandemic and will receive a status report on seasonal influenza surveillance. The Board will also deliberate the draft findings and recommendations of the Mental Health Task Force. Established by Congress and operating as a Defense Health Board subcommittee, the Mental Health Task Force is charged to assess and recommend method for improving, the efficacy of mental health services provided to members of the Armed Forces by the Department of Defense. The Board will also conduct an administrative session on the afternoon of May 3, 2007, in the same location following the open session. The administrative session is closed to the public. Pursuant to 5 U.S.C. 552b, as amended, and 41 CFR 102-3.155, in the interest of national security, the Department of Defense has determined that the session of the Defense Health Board meeting from 9 to 10 a.m. on May 3, 2007 will be closed to the public. The Under Secretary of Defense (Personnel and Readiness), in consultation with the Officer of the DoD General Counsel, has determined in writing that the public interest requires that the one-hour session on May 3, 2007 be closed to public because it concerns matters listed in section 552b(c)(1) of title 5, United States Code. Specifically the information presented meets criteria established by an executive order to be kept secret in the interest of national defense and foreign policy. Pursuant to 5 U.S.C. 552b, as amended, and 41 CFR 102-3.140 through 102-3.165 and subject availability of space, the Defense Health Board meeting from 10 a.m. to 4 p.m. on May 3, 2007 is open to the public. Any member of the public wishing to provide input to the Defense Health Board should submit a written statement in accordance with 41 CFR 102- 3.140(C) and section 10(a)(3) of the Federal Advisory Committee Act, and the procedures described in this notice. Written statement should be not longer than two type-written pages and must address the following detail: The issue, discussion, and a recommended course of action. Supporting documentation may also be included as needed to establish the appropriate historical context and to provide any necessary background information. Individuals submitting a written statement may submit their statement to the Designated Federal Officer at the Address detained below at any point. However, if the written statement is not received at least 10 calendar days prior to the meeting, which is subject to this notice, then it may not be provided to or considered by the Defense Health Board until the next open meeting. The Designated Federal Officer will review all timely submissions with the Defense Health Board Chairperson, and ensure they are provided to members of the Defense Health board before the meeting that is subject to this notice. After reviewing the written comments, the Chairperson and the Designated Federal Officer may choose to invite the submitter of the committee to orally present their issue during an open portion of this meeting or at a future meeting. The Designated Federal Officer, in consultation with the Defense Health Board Chairperson, may, if desired, allot a specific amount of time for members of the public to present their issues for review and discussion by the Defense Health Board.

The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to address Contractor Code of Ethics and Business Conduct and the display of Federal agency Office of the Inspector General (OIG) Fraud Hotline Poster. The comment period is extended an additional 30 days to provide additional time for interested parties to review the proposed FAR changes.

Under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), this notice announces the Office of Federal Procurement Policy's (OFPP) and the General Services Administration's (GSA) intention to initiate a new information collection to conduct two surveys on Online Procurement Services. The results from these surveys will be incorporated into a report to Congress. Public comments are particularly invited on: Whether the proposed collection of information is necessary, including whether the information shall have practical utility; whether the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; ways to enhance the quality, utility, and clarity of the information to be collected; and ways to minimize the burden of the collection of information on those who are to respond, including use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology.

The Department of the Navy is altering 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 Department of the Navy is deleting a system of records in its existing inventory of record systems subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended.

The Defense Threat Reduction Agency proposes to alter a system of records notice to its inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended.

This rule establishes policy and assigns responsibilities under DoD Directive 5124.8 for standardizing support to Non-Federal entities authorized to operate on DoD installations. Designates the Secretary of Army as the DoD executive agent for: Support to Boy Scout and Girl Scout local councils and organizations in areas outside of the United States; support for the national Boy Scout jamboree; the annual DoD audit of the American Red Cross (ARC) accounts and the subsequent report to Congress; and necessary ARC deployment support. It also designates the Secretary of the Air Force as the DoD Executive Agent for conducting the Armed Forces Entertainment program. It will have minimal impact on the public.

Pursuant to Section 10(a), Public Law 92-463, as amended, notice is hereby given of a forthcoming Meeting of the President's Commission on America's Returning Wounded Warriors. The purpose of the Committee meeting is to conduct briefings for the Commissioners. The meeting is open to the public, subject to the availability of space. Interested persons may submit a written statement for consideration by the Committee and make an oral presentation of such. Persons desiring to make an oral presentation or submit a written statement to the Committee must notify the point of contact listed below no later than 18 April 2007. Oral presentations by members of the public will be permitted only on 23 April at 1 to 2 before the full Committee. Presentations will be limited to 5 minutes. Executive director and the Designated Federal official will select individuals for oral presentations and notify them in advance of the opportunity to make a 5 minute presentation to the Commission. Number of oral presentations to be made will depend on the number of requests received from members of the public. Each person desiring to make an oral presentation must provide the point of contact listed below with one (1) copy of the presentation by 18 April 2007, 5 p.m. and one copy of any material that is intended for distribution at the meeting. Persons submitting a written statement must submit one copy of the statement to the Commission staff by 5 p.m. POC Denise Dailey or Adrianne Holloway, toll free 877 588 2035 or Fax statements (703) 588-2046. Due to scheduling difficulties the Commission was unable to finalize its agenda in time to publish a Federal Register meeting notice of the 15-calendar days required by 41 CFR 102-3.150(a). Accordingly, the Committee Management Officer for the Department of Defense, pursuant to 41 CFR 102-3.150(b), waives the 15-calendar day notification requirement.

This part contains uniform Department of Defense policies for indebtedness of Military Personnel. This updated rule contains editorial changes only as required for internal Department of Defense mandated reconsideration every five years.