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

The U.S. Army Corps of Engineers is proposing to amend the regulations at 33 CFR 334.1380 for the existing danger zone in the vicinity of Kaneohe Bay, Hawaii. The proposed amendment will reflect the current operational and safety procedures at the Ulupau Crater Weapons Training Range and highlight a change in the hours that weapons firing may occur. These regulations are necessary to protect the public from potentially hazardous conditions which may exist as a result from use of the areas by the United States Marine Corps.

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. 6,914,554 entitled ``Radar Beam Steering with Remote Reflectory/Refraction,'' issued on July 5, 2005. The United States Government, as represented by the Secretary of the Army, has rights in this invention.

The Draft Programmatic Environmental Impact Statement (DPEIS) will evaluate the overall impacts of various alternatives identified in a Long Island Sound Dredged Material Management Plan (LIS DMMP) for management of dredged material in the Long Island Sound (LIS) region. The overall goal of the LIS DMMP is to develop a comprehensive plan for dredged material management in Long Island Sound using a broad-based public process that protects the environment based on best scientific data and analysis, while meeting society's need for safe and economically viable navigation for water-based commerce, transportation, national security, and other public purposes. The LIS DMMP will identify potential environmentally acceptable, practicable management plans that can be utilized by the Corps of Engineers (Corps) in maintaining Federal navigation projects, as well as various non- Corps dredging proponents in their analysis of options to manage non- Corps dredging projects. Some alternative disposal methods may be implemented on the basis of the PEIS, while others may require additional analysis at the project level. As specific alternatives are put in place to implement a given management option, more detailed National Environmental Policy Act (NEPA) documents may be prepared by the Corps and other Federal agencies, and such NEPA documents will evaluate specific impacts from implementing a particular management option.

The Department of the Navy (DON) hereby gives notice of a requirement to submit donation applications to obtain the guided missile cruiser ex-TICONDEROGA (CG 47) for use as a static museum/ memorial for public display under the authority of 10 U.S.C. 7306. The ex-TICONDEROGA was struck from the Naval Vessel Register on August 12, 2004 and is located at the NAVSEA Inactive Ships On-Site Maintenance Office, Philadelphia, PA. Eligible recipients include: (1) Any State, Commonwealth, or possession of the United States or any municipal corporation or political subdivision thereof; (2) the District of Columbia; or (3) any not-for-profit or non-profit entity. The transfer of a vessel for donation under 10 U.S.C. 7306 shall be at no cost to the United States Government. The donee will be required to maintain the vessel as a static display in a condition that is satisfactory to the Secretary of the Navy. A letter of intent will be required within 45 days from the date of this notice and all donation applications must be received by January 31, 2008. The DON will foreclose consideration of donation of ex- TICONDEROGA to any entity that does not submit a letter of intent to the DON within 45 days of the date of this notice. Prospective applicants must submit a letter of intent to the Navy Inactive Ships Program office within 45 days of this Federal Register notice. The letter of intent must: a. Identify the specific vessel sought for donation; b. Include a statement of the proposed use for the vessel; c. Identify the proposed berthing location; d. If the applicant is not a state, territory or possession of the United States, or a political subdivision or municipal corporation thereof, or the District of Columbia, provide a copy of a determination letter by the Internal Revenue Service that the applicant is exempt from tax under the Internal Revenue Code, or submit evidence that the applicant has filed the appropriate documentation in order to obtain tax exempt status; e. If the applicant asserts that it is a corporation or association whose Charter and/or Articles of Incorporation denies it the right to operate for profit, provide a properly authenticated copy of the Charter, Articles of Incorporation, and a copy of the organization's By-laws; f. Provide a notarized copy of the resolution or other action of the applicant's governing board authorizing the person signing the application to represent the organization and to sign on its behalf for the purpose of obtaining a vessel; and g. Provide written affirmation that the prospective applicant can submit a complete ship donation application to the DON, compliant with the DON's application requirements, by January 31, 2008. Upon receipt of the letter of intent, the DON will contact the prospective applicant(s) to ensure a full understanding of the application requirements, which will be available early September 2007, on the DON Ship Donation Web site located at: https:// peoships.crane.navy.mil/donation/. This information was previously available for several years at https://navsea.navy.mil/NDP and is being transitioned to a new server. Qualified organizations who submit a letter of intent for the ex- TICONDEROGA (CG 47) must submit a complete application to the DON by January 31, 2008, comprised of a Business/Financial Plan, Mooring Plan, Towing Plan, Maintenance Plan, Environmental Plan, Curatorial/Museum Plan, and a Community Support Plan. These plans must include the following information: 1. Business/Financial Plan: The Business/Financial Plan must detail the estimated start-up and operating costs, and provide detailed evidence of firm financing adequate to cover these costs. Start-up costs include towing, mooring (this includes but not limited to the cost of acquiring and improving facilities, and dredging if required), vessel restoration, museum development, and meeting environmental requirements (including permitting fees and expenses) etc. Operating costs are those costs associated with operating and maintaining the vessel as a museum/memorial, including rent, utilities, personnel, insurance, periodic dry-docking, etc. Firm financing means available funding to ensure the first five years of operation and future stability for long-term operation. This can include pledges, loans, gifts, bonds (except revenue bonds), funds on deposit at a financial institution, or any combination of the above. The applicant must also provide income projections from sources such as individual and group admissions, facility rental fees and gift shop revenues sufficient to cover the estimated operating expenses. 2. Mooring Plan: The Mooring Plan describes how the vessel will be secured at its permanent display site during normal and extreme weather conditions (including the 100-year storm event) to prevent damage to the vessel, its mooring system, the pier, and surrounding facilities. Provide evidence of availability of a facility for permanent mooring of the vessel, either by ownership, existing lease, or by letter from the facility owners indicating a statement of intent to utilize such facilities. Address any requirement to obtain site-specific permits and/or municipality approvals required for the facility, to include but not limited to, Port Authority and Army Corps of Engineers approvals/ permits, where required. The mooring location must be acceptable to the DON and not obstruct or interfere with navigation. 3. Towing Plan: The Towing Plan describes how the vessel will be prepared for tow and safely towed from its present location to the permanent display site proposed by the applicant. The Towing Plan must comply with all U.S. Navy Tow Manual requirements, which can be found at https://www.supsalv.org/pdf/towman.pdf. 4. Environmental Plan: The Environmental Plan describes how the applicant will comply with all Federal, State and local environmental and public health & safety regulations and permit requirements. The applicant must describe how it will address the possibility of invasive species on the underwater hull and measures to protect the marine environment of the proposed berthing location from invasive species. The applicant also should provide information necessary for the DON to complete an environmental assessment of the donation as required by the National Environmental Policy Act, including the impact of the donation on the natural and man-made environment, local infrastructure, and evaluation of the socio-economic consequences of the donation. 5. Maintenance Plan: The Maintenance Plan must describe plans for long-term and short-term maintenance of the vessel, including preservation and maintenance schedule, underwater hull inspections, emergency response and fire/flood/intrusion control, pest control, security, periodic dry-docking, and qualifications of the maintenance team. 6. Curatorial/Museum Plan: The Curatorial/Museum Plan includes three parts: Staff qualifications, a Collection Management Plan and Historical Management Plan. The Curatorial/Museum Plan must describe the qualifications and responsibilities for a professional curator and supporting staff. The Collection Management Plan must define the museum's scope of artifact collection, and the collection management activity (documentation, accession and deaccession policies, risk management and insurance, collections care and control, loans, etc.). The Historical Management Plan must provide a description of the historical context in which the vessel will be displayed. The plan should also describe proposed exhibits, as well as vessel restoration plans. The applicant must conform to standard ethical codes of conduct for museum organizations. 7. The Community Support Plan must include evidence of local support. Evidence of regional support should also be provided. This includes letters of endorsement from adjacent communities and counties, cities and/or States. Also describe how the location of the vessel will encourage public visitation and tourism, become an integral part of the community, and how the vessel will enhance community development. The Community Support Plan must also describe the benefit to the DON, including, but not limited to, addressing how the prospective donee may support DON recruiting efforts, the connection between the DON and the proposed berthing location, how veterans associations in the area are willing to support the vessel, how the prospective donee will honor veterans' contributions to the United States, and how the exhibit will commemorate those contributions and showcase naval traditions. The relative importance of each area that must be addressed in the donation application is as follows: Business/Financial Plan and Mooring Plan are the most important criteria and are equal in importance. The Towing Plan, Maintenance Plan and Environmental Plan are individually of equal importance but of lesser importance than the Business/ Financial and Mooring Plans. The Curatorial/Museum Plan and Community Support Plan are of equal importance, but of lesser importance than the aforementioned plans. Evaluation of the application(s) will be performed by the DON to ensure the application(s) are compliant with the minimum acceptable application criterion and requirements. In the event of multiple compliant applications for the same vessel, the DON will perform a comparative evaluation of the applications to determine the best-qualified applicant. The adjectival ratings to be used for each criterion include: Outstanding, Good, Satisfactory, Marginal, and Unsatisfactory. The Secretary of the Navy, or his designee, will make the final donation decision. Additional information concerning the application process and requirements will be available early September 2007, on the DON Ship Donation Web site located at https://peoships.crane.navy.mil/donation/. This information was previously available for several years at https:// navsea.navy.mil/NDP and is being transitioned to a new server. The complete application must be submitted in hard copy and electronically on a CD to the Navy Inactive Ships Program Office by January 31, 2008. In the absence of a viable donation application, the DON reserves the right to remove ex-TICONDEROGA from donation consideration and proceed with disposal of the vessel. For Further Information and Submission of Ship Donation Applications, Contact: Ms. Gloria Carvalho of the Naval Sea Systems Command, Navy Inactive Ships Program (PMS 333), telephone number 202- 781-0485. Mailed correspondence should be addressed to: The Columbia Group, 1201 M Street, SE., Suite 010, Washington, DC 20003; marked for Ms. Gloria Carvalho (PMS 333).

This notice announces a meeting of the DAB-ESGR. This meeting will focus on the status of DoD actions and recommendations from previous DAB meetings, relevant discussion on U.S. Government inter- agency Transition Assistance study and successful employer support programs in four States. This meeting is open to the public.

DoD has issued an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement Section 1017 of the National Defense Authorization Act for Fiscal Year 2007. Section 1017 requires DoD to establish an evaluation criterion, for use in obtaining carriage of cargo by vessel, that considers the extent to which an offeror has had overhaul, repair, and maintenance work for covered vessels performed in shipyards located in the United States or Guam.

The Department of the Army published a Notice of Availability in the Federal Register of August 10, 2007, concerning the Record of Decision for Base Realignment and Closure (BRAC) actions at Fort Belvoir, Virginia. The Notice of Availability contained incorrect information.

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.

In compliance with section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Department of the Army announces the proposed extension to a public information collection and seeks public comments on the provision 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.

The U.S. Army Corps of Engineers (USACE) announces its intention to prepare an Environmental Impact Statement (EIS) to study the feasibility of expanding the existing moorage capacity for vessels at Homer, AK. This study will be performed through partnership of USACE, the City of Homer, and the Alaska Department of Transportation and Public Facilities. The existing moorage condition at Homer is at maximum capacity, resulting in overcrowded and unsafe conditions for harbor users. Additionally, the City will be unable to meet the growing moorage demands of commercial, Government, recreation, and subsistence vessels in the near future. The EIS will address potential environmental impacts of the construction, operation, and maintenance of the new and existing harbor. USACE will hold public scoping meetings in Homer, AK.

Under the provisions of 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 (DoD) announces the following Federal Advisory Committee meeting. Name of Committee: Missile Defense Advisory Committee (MDAC). Dates of Meeting: September 5-6, 2007. Location: 7100 Defense Pentagon, Washington, DC 20301-7100. Time: 8 a.m. to 5 p.m. Purpose of Meeting: At this meeting, the Committee will receive classified briefings by MDA senior staff, Program Managers, senior DoD leaders, representatives from industry and the Services on the appropriate role for MDA in Cruise Missile Defense (CMD). The mission of the MDAC 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 to enter the acquisition process. Proposed Agenda: Topics tentatively scheduled for discussion includes, but is not limited to administrative work; responsibilities for CMD development; current MDA CMD capabilities and responsibilities; review of governing directives; and CMD capabilities development programs for the Services.

The Department of the Army announces the availability of a DPEIS for the growth and realignment of the U.S. Army. Pursuant to the National Environmental Policy Act (NEPA), the Department of the Army has prepared a DPEIS that evaluates the potential environmental and socioeconomic effects associated with alternatives for growing and realigning the Army's force structure. Potential impacts have been analyzed at installations which are being considered for the stationing of 1,000 or more Soldiers in efforts to grow and realign the Army.

The Department of the Navy (DON), after carefully weighing the operational, scientific, technical, and environmental implications of the alternatives considered, announces its decision to employ up to four SURTASS LFA sonar systems with certain geographical restrictions and monitoring mitigation designed to reduce potential adverse effects on the marine environment. This decision, which pertains to the employment of up to four SURTASS LFA sonar systems (as originally analyzed in the Final Overseas Environmental Impact Statement and Environmental Impact Statement [FOEIS/EIS] for SURTASS LFA Sonar and augmented in the Final Supplemental Environmental Impact Statement [SEIS]), implements the preferred alternative, Alternative 2, identified in the Final SEIS for SURTASS LFA sonar.

Under the provisions of 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 (DoD) announces the following Federal Advisory Committee meeting. Name of Committee: Missile Defense Advisory Committee (MDAC). Dates of Meeting: September 5-6, 2007. Location: 7100 Defense Pentagon, Washington, DC 20301-7100. Time: 8 a.m. to 5 p.m. Purpose of Meeting: At this meeting, the Committee will receive classified briefings by MDA senior staff, Program Managers, senior DoD leaders, representatives from industry and the Services on the appropriate role for MDA in Cruise Missile Defense (CMD). The mission of the MDAC 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 to enter the acquisition process. Proposed Agenda: Topics tentatively scheduled for discussion include, but are not limited to, administrative work; responsibilities for CMD development; current MDA CMD capabilities and responsibilities; review of governing directives; and CMD capabilities development programs for the 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 Code of Federal Regulations (CFR) 102-3.140 through 160, the Department of Defense announces the following committee meeting: Name of Committee: Department of Defense Task Force on the Future of Military Health Care, a duly established subcommittee of the Defense Health Board. Date of Meeting: September 19, 2007. Time of Meeting: 8:30 a.m. to 8:50 a.m./Preparatory Work Meeting. 9 a.m. to 11:45 a.m./Public Hearing. 11:50 a.m. to 1 p.m./Four, concurrent Subcommittee Meeting(s). 1:15 p.m. to 4 p.m./Public Hearing. 6 p.m. to 7:30 p.m./Town Hall Public Meeting. Place of Meeting: Founders Inn & Spa, 5641 Indian River Road, Virginia Beach, VA 23464. Purpose of Meeting: To obtain, review, and evaluate information related to the Task Force's congressionally-directed mission to examine matters related to the future of military health care. The Task Force members will receive briefings on topics related to the delivery of military health care during the public meetings. Agenda: Discussion topic will be key issues on the future of military health care. Prior to the public meeting the Task Force will conduct a Preparatory Work Meeting from 8:30 a.m.-8:50 a.m. to solely analyze relevant issues and facts in preparation for the Task Force's next public meeting. In addition, the Task Force, following its public meeting, will conduct four, concurrent, Subcommittee Meetings from 11:45 a.m. to 1 p.m. to gather information, conduct research, and analyze relevant issues and facts in preparation for a future meeting of the Task Force. The Preparatory Work Meeting will be held at the Founders Inn & Spa, and pursuant to 41 Code of Federal Regulations, Sec. 102- 3.160(a), the Preparatory Work Meeting is closed to the public. Additionally, the four, concurrent subcommittee meetings will also be held at the Founders Inn & Spa, and, pursuant to 41 CFR 102-3.35(a), 102-3.145 and 102-3.160(a), these subcommittee meetings are closed to the public. Additional information and meeting registration is available online at the Task Force Web site: https://www.DoDfuturehealthcare.net.