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

The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to implement the Governmentwide Enterprise Software Licensing Program, also known as SmartBUY. This action is necessary to comply with Office of Management and Budget Memorandum M-04-08, Maximizing Use of SmartBuy and Avoiding Duplication of Agency Activities with the President's 24 E-Gov Initiatives, dated February 25, 2004. By leveraging the Federal Government Enterprise Software Licensing Program, the Government will achieve the maximum cost savings and favorable terms and conditions for acquiring software and software maintenance. This rule impacts contracting officers and other acquisition officials responsible for reviewing the terms, conditions, and prices for the acquisition of commercial software and software maintenance.

The Under Secretary of Defense (Acquisition, Technology, and Logistics) is waiving the limitation of 10 U.S.C. 2534 for certain defense items produced in the United Kingdom (UK). 10 U.S.C. 2534 limits DoD procurement of certain items to sources in the national technology and industrial base. The waiver will permit procurement of enumerated items from sources in the UK, unless otherwise restricted by statute.

The Department of the Navy hereby gives notice of its intent to grant to Oasis Diagnostics Corp., a revocable, nonassignable, partially exclusive license to practice worldwide the Government owned inventions described in U.S. Patent 6,927,068 entitled ``A Rapid and Non-Invasive Method to Evaluate Immunization Status of a Patient'' issued 9 August 2005 and related foreign filings (PCT/US 2003/002239, EP/1490665, and AU/2003301840) in the fields of detection of antibodies in present in oral fluids from the group saliva, oral rinse expectorant, oral mucosal transudate, gingival crevicular fluid, and phlegmuntil.

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 do the second review of the 2007 report and work on the findings and recommendations. The meeting is open to the public, subject to the availability of space. Interested persons 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., 12 November 2007. If a written statement is not received by 12 November 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 determine who of the requesting persons will be able to make an oral presentation of their issue during an open portion of this meeting or at a future meeting. Determination of who will be making an oral presentation will depend on time available and if 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 Thursday, 15 November 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.

This notice describes the changes made to the TRICARE DRG- based payment system. It also provides the updated fixed loss cost outlier threshold, cost-to-charge ratios, and the Internet address for accessing the updated adjusted standardized amount and DRG relative weights to be used for FY 2008 under the TRICARE DRG-based payment system.

The Department of the Army announces the availability of the Final PEIS 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 PEIS that evaluates the potential environmental and socioeconomic effects associated with alternatives for growing and realigning the Army's force structure. The Army's preferred alternative identified in the Final PEIS is Alternative 3 which will allow the Army to grow and restructure its forces to accommodate modular forces initiatives and critical shortfalls, while adding six Brigade Combat Teams (BCTs) to the Army's end strength. Potential impacts have been analyzed at installations that are being considered for the stationing of 1,000 or more additional Soldiers.

The purpose of the project is to reconstruct and rehabilitate Reach 1 of the Herbert Hoover Dike to prevent catastrophic failure of the system to retain the waters of Lake Okeechobee. On July 8, 2005, the Jacksonville District, U.S. Army Corps of Engineers (Corps) issued a Final Supplemental Environmental Impact Statement (FSEIS) for the Major Rehabilitation actions proposed for Herbert Hoover Dike (HHD), Reach One. Herbert Hoover Dike is the levee that completely surrounds Lake Okeechobee. On September 23, 2005, a Record of Decision was signed adopting the preferred alternative as the Selected Plan for Reach One. As plans and specifications were developed for Reach 1, it became apparent that the cut-off wall with seepage berm alternative would not work for all of Reach 1. The alternative for Reach 1 will be a combination of one or more of the following features dependent on the geology and adjacent land factors with the cut-off wall: Seepage Berm, Relief Trench, Soil Replacement Wedge, Relief Wells, Drainage Feature and Sand Columns. Reach 1 of the HHD extends for approximately 22.5 miles within Martin and Palm Beach Counties, from the St. Lucie Canal at Port Mayaca, south to the Hillsboro Canal at Belle Glade, FL. This study is a cooperative effort between the Corps and the South Florida Water Management District (SFWMD).

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 the appointment of members to the Defense Information Systems Agency (DISA) Performance Review Board. The Performance Review Board provides a fair and impartial review of Senior Executive Service (SES) Performance appraisals and makes recommendations to the Director, Defense Information Systems Agency, regarding final performance ratings and performance awards for DISA SES members.

Under the provisions of the Federal Advisory Committee Act of 1972, (5. U.S.C. Appendix, as amended), the Government in the Sunshine Act of 1976 (5 U.S.C. 552b, as amended), and 41 CFR 102-3.65, the Department of Defense gives notice that it intends to establish a new Federal advisory committee. This discretionary advisory committee, the Secretary of the Navy Advisory Panel, will provide the Secretary of the Navy independent advice and recommendations on the critical matters concerning the Department of the Navy. The Panel's focus will include acquisition reform, the shipbuilding defense industrial base, intelligence organization, and related maritime issues. In accordance with DoD policy and procedures, the Secretary of the Navy is authorized to act upon the advice emanating from this advisory committee. The Secretary of the Navy Panel shall be authorized to establish subcommittees, as necessary and consisted with its mission, and these subcommittees or working groups shall operate under the provisions of the Federal Advisory Committee Act of 1972, the Government in the Sunshine Act of 1976, 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 Secretary of the Navy Advisory Panel 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 Secretary of the Navy Advisory Panel. The Secretary of the Navy Advisory Panel shall be composed of not more than 15 members, who are eminent authorities in the fields of national security policy, intelligence, science, engineering, or business and industry. The Secretary of the Navy Panel, in keeping with the DoD policy to make every effort to achieve a balanced membership, shall include a cross section of experts that are directly affected, interested and qualified to advise on U.S. defense and naval issues. Panel and subcommittee 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. Panel and subcommittee 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, they shall serve without compensation. The Secretary of the Navy shall select the Panel's chairperson from the total Panel membership. The Secretary of the Navy Advisory Panel shall meet at the call of the Panel's Designated Federal Officer, in consultation with the chairperson. The Designated Federal Officer, pursuant to DoD policy, 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 and subcommittee meetings. Pursuant to 41 CFR 102-3.105(j) and 102-3.140, the public or interested organizations may submit written statements to the Secretary of the Navy Advisory Panel membership about the Panel's mission and functions. Written statements may be submitted at any time or in response to the stated agenda of planned meeting of the Secretary of the Navy Advisory Panel. All written statements shall be submitted to the Designated Federal Officer for the Secretary of the Navy Advisory Panel, and this individual will ensure that the written statements are provided to the membership for their consideration. Contact information for the Secretary of the Navy Advisory Panel's Designated Federal Officer can be obtained from the GSA's FACA Databasehttps://www.fido.gov/ facadatabase/public.asp. The Designated Federal Officer, pursuant to 41 CFR 102-3.150, will announce planned meetings of the Secretary of the Navy Advisory Panel. The Designated Federal Officer, at that time, may provide additional guidance on the submission of written statements that are in response to the stated agenda for the planned meeting in question.

This notice announces the appointment of members to the Defense Contract Audit Agency (DCAA) Performance Review Boards. The Performance Review Boards provide fair and impartial review of Senior Executive Service (SES) performance appraisals and make recommendations to the Director, Defense Contract Audit Agency, regarding final performance ratings and performance awards for DCAA SES members.

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 through 1508), the Department of the Navy (DON) announces its intent to prepare a Supplemental Environmental Impact Statement (SEIS). This SEIS supplements the Navy's 1999 Final Environmental Impact Statement (FEIS), ``Developing Home Port Facilities for Three NIMITZ-Class Aircraft Carriers in Support of the U.S. Pacific Fleet,'' as authorized by the Record of Decision (ROD) dated January 28, 2000 and published in the Federal Register on February 8, 2000 (65 FR 6181). The limited purpose of this SEIS is to supplement the traffic analysis contained in the 1999 FEIS, to assess potential new information, validate impacts to traffic and to analyze the effectiveness of existing traffic mitigation measures implemented per the 2000 ROD when three CVNs home ported at Naval Air Station North Island (NASNI), California are simultaneously in port. Completion of the SEIS is necessary under 40 CFR 1502.9 to assess potential new information and to validate impacts to traffic during infrequent periods when three CVNs home ported at NASNI are simultaneously in port. The SEIS will analyze the effectiveness of existing traffic mitigation measures implemented per the 2000 ROD under these conditions. The SEIS will evaluate impacts such as changes in local traffic conditions, changes in personnel loading and potential changes in CVN operational deployment and maintenance schedules that could affect the average number of days three carriers are simultaneously in port. The SEIS will also evaluate the effects of traffic mitigation measures implemented pursuant to the 2000 ROD. Past, present and reasonably foreseeable future regional actions impacting traffic will be examined from a cumulative impacts perspective. In addition, the SEIS will address infrastructure improvements for Berth LIMA, which include utilities upgrades previously analyzed under the 1999 FEIS and newly defined site improvements and other minor alterations to existing infrastructure. Utilities upgrades include: repairs and upgrades to electrical power, communications and information systems, security lighting, fire protection, steam, compressed air, potable water, wastewater and fueling systems. Site improvements and other alterations include: Demolition of existing fenders, moorings, and pier pavement; installation of new fender pile system (with 200-300 fender piles) and mooring fittings; construction of Anti-Terrorism/Force Protection (AT/FP) features (watch tower, guard kiosk, fencing and surveillance equipment); and demolition, repair and paving of the wharf, sidewalks, curbing, storm water drainage features and vehicle parking areas; and landscaping. It is anticipated that the construction of infrastructure improvements to Berth LIMA will take approximately one year to accomplish. Public input is requested to ensure the scope of the SEIS analysis incorporates public concerns and affords the public an input in the decision making process.

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 Government in the Sunshine Act of 1976 (5 U.S.C. 552b, as amended) and 41 Code of the Federal Regulations (CFR 102-3.140 through 160), the Department of the Army announces the following committee meeting: Name of Committee: Army Science Board (ASB). Date(s) of Meeting: October 30-31 and November 1, 2007. Time(s) of Meeting: 0800-1700, October 30, 2007. 0800-1700, October 31, 2007. 0800-1200, November 1, 2007. Place of Meeting: Marriott Seattle Airport, 3201 South 17th Street, Seattle, WA 98188. Due to scheduling difficulties the Army Science Board was unable to finalize its agenda in time to publish notice of its meeting in the Federal Register for 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.

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.

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 supplemental NOI is being issued pursuant to the National Environmental Policy Act (NEPA) of 1969, as amended (42 United States Code 4321, et seq.), the Council on Environmental Quality Regulations for implementing procedural provisions of NEPA (40 Code of Federal Regulation (CFR) parts 1500-1508), and Air Force policy and procedures (32 CFR part 989). This supplemental NOI is issued to advise the public that the Air Force intends to further publicly scope information necessary to complete preparation of an EIS for the proposed BRAC activities at Eglin AFB, FL. This supplements the initial NOI which appeared in the Federal Register July 28, 2006 [Federal Register: July 28, 2006 (Volume 71, Number 145), page 42838-42839]. In the year since the initial NOI was published and initial scoping meetings were held, the Air Force has developed additional information that bears on the proposal and its impacts. The Air Force will present this additional information to the public and solicit comments. Public input is important to determining the scope of issues to be addressed and for identifying significant issues that were not known when the initial NOI was published. The supplemental scoping meetings will be held in a ``Town Hall'' format allowing interested parties to review information and related materials. Oral and written comments presented at the public meetings, as well as written comments received by the Air Force throughout the EIS process, will be considered and made a part of the administrative record. All the information and comments gathered in response to the initial NOI remain in the record, and there is no need to repeat information submitted at that time.

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 Board will be focusing primarily on Professional Military Education in the Marine Corps. All sessions of the meeting will be open to the public.

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.