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

Pursuant to the National Environmental Policy Act (NEPA) of 1969, as amended (42 U.S.C. 4321, et seq.), the Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA (40 CFR Parts 1500-1508), and Air Force policy and procedures (32 CFR Part 989), the U.S. Air Force is issuing this notice to advise the public of its intent to prepare an Environmental Impact Statement (EIS) to assess the potential environmental impacts of creating a new military operations area (MOA) west of the Utah Test and Training Range (UTTR). The Air Force proposal would expand the current UTTR airspace in Nevada in order to provide training opportunities not consistently available in existing UTTR airspace. This expansion is needed due to the scheduling limitations caused by other activities including large footprint weapons system tests. The MOA would underlay an established Air Traffic Control Assigned Airspace (ATCAA) unit and would not extend below 14,000 feet mean sea level. The Air Force proposal includes use of chaff and flares in the MOA and authorization of supersonic flight in the ATCAA. Dates and Addresses: The Air Force will host a series of scoping meetings to receive public input on environmental concerns that should be addressed in the EIS. The schedule and location of the public scoping open house meetings are below. All meetings will last from 6 p.m. to 8 p.m. Tuesday, 18 December 2007: Ely, Nevada, Bristlecone Pine Convention Center, 150 Sixth Street, Ely, NV 89301. Wednesday, 19 December 2007: Elko, Nevada, Elko Convention Center 700 Moren Way, Elko, NV 89801. Thursday, 20 December 2007: West Wendover, Nevada, West Wendover Branch Library, 590 Camper Dr., West Wendover, NV 89883. Comments will be accepted at any time during the environmental impact analysis process. However, to ensure the Air Force has sufficient time to consider public input in the preparation of the Draft EIS, comments should be submitted to the address below by January 7, 2008.

Under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the Federal Acquisition Regulation (FAR) Secretariat will be submitting to the Office of Management and Budget (OMB) a request to review and approve an extension of a currently approved information collection requirement concerning cost or pricing data requirements and information other than cost or pricing data. The clearance currently expires on May 31, 2008. 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.

In accordance with 35 U.S.C. 209(e) and 37 CFR 404.7 (a)(I)(i), announcement is made of the intent to grant an exclusive, royalty-bearing, revocable license to A Live-Attenuated Rift Valley fever virus as a licensed human vaccine to The University of Texas Medical Branch at Galveston, with its principal place of business at 301 University Boulevard, Galveston, TX 77555.

The Corps of Engineers (Corps), Nashville District, will prepare a Draft Environmental Impact Statement (DEIS) relating to proposed dam powerhouse rehabilitations and possible operational changes at the Wolf Creek, Center Hill, and Dale Hollow Dams in Kentucky and Tennessee. The Corps is studying the possible impacts of modifying existing equipment. Due to improvements in technology, rehabilitating the equipment could make it possible to produce more power from the same amount of water discharged. Changes in equipment and operational procedures could also cause higher tailwater heights and velocities, but as there is a limited amount of water they could be for shorter duration. In addition, alterations to flow regimes are being considered to provide minimum flows when hydropower releases are shut off. If improvements are successful, other dams may eventually be considered for similar changes. This study was begun in 2003 and a Notice of Intent was published in the Federal Register on September 25, 2003; however, due to funding constraints work ceased before a Draft EIS could be completed. The proposed rehabilitation of the powerhouse and generating units is not related to the dam seepage repairs that are ongoing at Center Hill and Wolf Creek Dams.

The Defense Science Board Task Force on Improvised Explosive Devices (IEDs) Part II will meet in closed session on May 6-7, 2008; at Strategic Analysis, Inc., 3601 Wilson Boulevard, Arlington, VA. The Task Force members will discuss interim findings and recommendations resulting from ongoing Task Force activities. The Task Force will also discuss plans for future consideration of scientific and technical aspects of specific strategies, tactics, and policies as they may affect the U.S. national defense posture. The mission of the Defense Science Board is to advise the Secretary of Defense and the Under Secretary of Defense for Acquisition, Technology & Logistics on scientific and technical matters as they affect the perceived needs of the Department of Defense. At these meetings, the Defense Science Board Task Force will act as an independent sounding board to the Joint IED organization by providing feedback at quarterly intervals; and develop strategic and operational plans, examining the goals, process and substance of the plans. The task force's findings and recommendations, pursuant to 41 CFR 102-3.140 through 102-3.165, will be presented and discussed by the membership of the Defense Science Board prior to being presented to the Government's decision maker. Pursuant to 41 CFR 102-3.120 and 102-3.150, the Designated Federal Officer for the Defense Science Board will determine and announce in the Federal Register when the findings and recommendations of the May 6-7, 2008, meeting are deliberated by the Defense Science Board. Interested persons may submit a written statement for consideration by the Defense Science Board. Individuals submitting a written statement must submit their statement to the Designated Federal Official at the address detailed below, at any point, however, if a written statement is not received at least 10 calendar days prior to the meeting, which is the subject of this notice, then it may not be provided to or considered by the Defense Science Board. The Designated Federal Official will review all timely submissions with the Defense Science Board Chairperson, and ensure they are provided to members of the Defense Science Board before the meeting that is the subject of this notice.

The Defense Science Board Task Force on Improvised Explosive Devices (IEDs) Part II will meet in closed session on March 18-19, 2008; at Strategic Analysis, Inc., 3601 Wilson Boulevard, Arlington, VA. The Task Force members will discuss interim findings and recommendations resulting from ongoing Task Force activities. The Task Force will also discuss plans for future consideration of scientific and technical aspects of specific strategies, tactics, and policies as they may affect the U.S. national defense posture. The mission of the Defense Science Board is to advise the Secretary of Defense and the Under Secretary of Defense for Acquisition, Technology & Logistics on scientific and technical matters as they affect the perceived needs of the Department of Defense. At these meetings, the Defense Science Board Task Force will act as an independent sounding board to the Joint IED organization by providing feedback at quarterly intervals; and develop strategic and operational plans, examining the goals, process and substance of the plans. The task force's findings and recommendations, pursuant to 41 CFR 102-3.140 through 102-3.165, will be presented and discussed by the membership of the Defense Science Board prior to being presented to the Government's decision maker. Pursuant to 41 CFR 102-3.120 and 102-3.150, the Designated Federal Officer for the Defense Science Board will determine and announce in the Federal Register when the findings and recommendations of the March 18-19, 2008, meeting are deliberated by the Defense Science Board. Interested persons may submit a written statement for consideration by the Defense Science Board. Individuals submitting a written statement must submit their statement to the Designated Federal Official at the address detailed below, at any point, however, if a written statement is not received at least 10 calendar days prior to the meeting, which is the subject of this notice, then it may not be provided to or considered by the Defense Science Board. The Designated Federal Official will review all timely submissions with the Defense Science Board Chairperson, and ensure they are provided to members of the Defense Science Board before the meeting that is the subject of this notice.

The Defense Science Board Task Force on Improvised Explosive Devices (IEDs) Part II will meet in closed session on January 16-17, 2008; at Strategic Analysis, Inc., 3601 Wilson Boulevard, Arlington, VA. The Task Force members will discuss interim findings and recommendations resulting from ongoing Task Force activities. The Task Force will also discuss plans for future consideration of scientific and technical aspects of specific strategies, tactics, and policies as they may affect the U.S. national defense posture. The mission of the Defense Science Board is to advise the Secretary of Defense and the Under Secretary of Defense for Acquisition, Technology & Logistics on scientific and technical matters as they affect the perceived needs of the Department of Defense. At these meetings, the Defense Science Board Task Force will act as an independent sounding board to the Joint IED organization by providing feedback at quarterly intervals; and develop strategic and operational plans, examining the goals, process and substance of the plans. The task force's findings and recommendations, pursuant to 41 CFR 102-3.140 through 102-3.165, will be presented and discussed by the membership of the Defense Science Board prior to being presented to the Government's decision maker. Pursuant to 41 CFR 102-3.120 and 102-3.150, the Designated Federal Officer for the Defense Science Board will determine and announce in the Federal Register when the findings and recommendations of the January 16-17, 2008, meeting are deliberated by the Defense Science Board. Interested persons may submit a written statement for consideration by the Defense Science Board. Individuals submitting a written statement must submit their statement to the Designated Federal Official at the address detailed below, at any point, however, if a written statement is not received at least 10 calendar days prior to the meeting, which is the subject of this notice, then it may not be provided to or considered by the Defense Science Board. The Designated Federal Official will review all timely submissions with the Defense Science Board Chairperson, and ensure they are provided to members of the Defense Science Board before the meeting that is the subject of this notice.

The Corps of Engineers is issuing a final rule establishing a restricted area within Kuluk Bay, Adak, Alaska. The purpose of this restricted area is to ensure the security and safety of the Sea Based Radar, its crew, and other vessels transiting the area. The restricted area is within an established moorage restriction area for the U.S. Navy. The restricted area will be marked on navigation charts to ensure security and safety for the public.

The Corps of Engineers is amending its regulations to modify an existing danger zone, in waters of the United States in the vicinity of Bloodsworth Island, Maryland. The amendment reflects the current operational and safety procedures at the Bloodsworth Island Range and highlights a change in the enforcement authority from the Commander, Naval Base Norfolk, Virginia to the Commander, Naval Air Station Patuxent River, Maryland. The regulations are necessary to safeguard United States Navy vessels and United States Government facilities/ installations from sabotage and other subversive acts, accidents, or incidents of a similar nature. These regulations are also necessary to protect the public from potentially hazardous conditions which may exist as a result from use of the areas by the United States Navy.

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 address implementation of Section 104 of the Energy Policy Act of 2005.

This document is issued under the joint authority of the Secretary of Defense, the Administrator of General Services and the Administrator of the National Aeronautics and Space Administration. This Small Entity Compliance Guide has been prepared in accordance with Section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996. It consists of a summary of rules appearing in Federal Acquisition Circular (FAC) 2005-22 which amend the FAR. An asterisk (*) next to a rule indicates that a regulatory flexibility analysis has been prepared. Interested parties may obtain further information regarding these rules by referring to FAC 2005-22 which precedes this document. These documents are also available via the Internet at http:/ /www.regulations.gov.

Pursuant to section 102(2)(C) of the National Environmental Policy Act (NEPA) of 1969 and the Council on Environmental Quality regulations (40 CFR parts 1500-1508), implementing procedural provisions of NEPA, the Department of the Navy (DON) gives notice that a Finding of No Significant Impact (FONSI) has been issued and is available for Expeditionary Strike Group Composite Training Unit Exercise (ESG COMPUTEX) (November/December 2007). In addition, pursuant to Executive Order (EO) 12114, Environmental Effects Abroad of Major Federal Actions, a Finding of No Significant Harm (FONSH) has been issued and is available for ESG COMPUTEX (November/December 2007).

The Defense Science Board Task Force on Nuclear Weapons Surety will meet in closed session on December 3-4, 2007 at the Institute for Defense Analyses, 4850 Mark Center Drive, Alexandria, VA. The mission of the Defense Science Board is to advise the Secretary of Defense and the Under Secretary of Defense for Acquisition, Technology & Logistics on scientific and technical matters as they affect the perceived needs of the Department of Defense. At the meeting, the Defense Science Board Task Force will: Assess all aspects of nuclear weapons surety; continue to build on the work of the former Joint Advisory Committee on Nuclear Weapons Surety, the Nuclear C2 System End-to-End Review and the Drell Panel; and review and recommend methods and strategies to maintain a safe, secure and viable nuclear deterrent. The task force's findings and recommendations, pursuant to 41 CFR 102-3.140 through 102-3.165, will be presented and discussed by the membership of the Defense Science Board prior to being presented to the Government's decisionmaker. Pursuant to 41 CFR 102-3.120 and 102-3.150, the Designated Federal Officer for the Defense Science Board will determine and announce in the Federal Register when the findings and recommendations of the December 3-4, 2007, meeting are deliberated by the Defense Science Board. Interested persons may submit a written statement for consideration by the Defense Science Board. Individuals submitting a written statement must submit their statement to the Designated Federal Official at the address detailed below; at any point, however, if a written statement is not received at least 10 calendar days prior to the meeting, which is the subject of this notice, then it may not be provided to or considered by the Defense Science Board. The Designated Federal Official will review all timely submissions with the Defense Science Board Chairperson, and ensure they are provided to members of the Defense Science Board before the meeting that is the subject of this notice.

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 (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 February 29, 2008. DoD proposes that OMB extend its approval for use for three additional years.

This final rule expands the geographic scope of the TRICARE Retiree Dental Program (TRDP) to overseas locations not currently covered by the program. At this time, TRDP is applicable only in the 50 United States (U.S.) and the District of Columbia, Canada, Puerto Rico, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the U.S. Virgin Islands. Expanding the geographic scope of the program will ensure that all TRICARE-eligible retirees are eligible for the same dental benefits, regardless of their location. There are no additional Government costs associated with this final expansion of TRDP overseas as TRDP costs are borne entirely by enrollees through premium payments.

The U.S. Marine Corps, as a principal component of the Department of Navy, is making this administrative amendment to combine like systems by removing an exempted system of records notice from its inventory, MMN00018, ``Base Security Incident Report System''. The records will be maintained in the Department of Navy's exempted system of record notice NM05580-1, ``Security Incident System''. Therefore, the MMN00018, ``Base Security Incident Report System'' exemption rule system is being deleted.

This action removes 32 CFR Part 519, Publication of Rules Affecting the Public, published in the Federal Register, August 6, 2004 (69 FR 47766). The rule is being removed because it does not place requirements on the public but merely prescribes procedures for Army proponents to follow for rulemaking and the publishing of items in the Federal Register.

Under the provisions of section 744 of Public Law 109-364 (the John Warner National Defense Authorization Act for Fiscal Year 2007), 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 the Traumatic Brain Injury Family Caregiver Panel, as a subcommittee of the Defense Health Board. Pursuant to section 744(b)(5) and (c) of Public Law 109-364, the Traumatic Brain Injury Family Caregiver Panel shall develop the required curricula, and the Secretary of Defense shall disseminate the curricula to: (a) To health care professionals who or otherwise work with members and former members of the Armed Forces with traumatic brain injury; (b) To family members affected by the traumatic brain injury of such members and former members; and (c) To other care or support personnel who may provide service to members or former members affected by traumatic brain injury. No later than one year after the development of the curricula required by section 744(b) of Public Law 109-364, the Secretary of Defense and the Secretary of Veterans Affairs shall submit to the Committees on Armed Services and Veterans Affairs of the Senate and the House of Representatives a report on the following: (a) The actions undertaken under section 744(b) of Public Law 109-364; and (b) recommendations for the improvement or updating of training curriculum developed and provided under section 744 of Public Law 109-364. This non-discretionary advisory committee, which will operate as a subcommittee of the Defense Health Board, shall provide the Department of Defense and the Department of Veterans Affairs independent advice and recommendations on the development of training curricula to be used by family members of members and former members of the Armed Forces on techniques, strategies, and skills for care and assistance for such members and former members with traumatic brain injury. Even though the Traumatic Brain Injury Family Caregiver Panel shall operate as a subcommittee of the Defense Health Board and not as a chartered federal advisory committee, the Panel shall comply with: (a) The full provisions of section 744 of Public Law 109-364; and (b) the spirit and intent of the Federal Advisory Committee Act of 1972, the Government in the Sunshine Act of 1976, and 41 CFR 102-3.5 through 102- 3.185. Whenever the Traumatic Brain Injury Family Caregiver Panel meets for the purpose of deliberating on the substantive matters upon which it is providing advice or recommendations, it must meet under the open- meeting rules of the Federal Advisory Committee Act and the Government in the Sunshine Acts. In addition, the Traumatic Brain Injury Family Caregiver Panel's recommendations, prior to being submitted to the government's decision maker, shall be deliberated under the same open- meeting rules by the Defense Health Board. The Traumatic Brain Injury Family Caregiver Panel, as a subcommittee of the Defense Health Board, 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, the Government in the Sunshine Act of 1976, and other appropriate Federal regulations. Such subcommittees or workgroups shall not work independently of the Traumatic Brain Injury Family Caregiver Panel, and shall report all their recommendations and advice Traumatic Brain Injury Family Caregiver Panel for full deliberation and discussion. Subcommittees or workgroups have no authority to make decisions on behalf of the Traumatic Brain Injury Family Caregiver Panel nor can they report directly to the Department of Defense or any Federal officers or employees who are not members of the Defense Health Board. Pursuant to section 744(a)(2) of Public Law 109-364, the Traumatic Brain Injury Family Caregiver Panel shall consist of 15 members appointed by the Secretary of Defense in consultation with the Secretary of Veterans Affairs. The Secretary of Defense in appointing members for the Traumatic Brain Injury Family Caregiver Panel shall consider members from among the following: (a) Physicians, nurses, rehabilitation therapists, and other individuals with traumatic brain injury, including persons who specialize in caring for and assisting individuals with traumatic brain injury incurred in combat; (b) Representatives of family caregivers or family caregiver associations; (c) Health and medical personnel of the Department of Defense and the Department of Veterans Affairs with expertise in traumatic brain injury and personnel and readiness representatives of the Department of Defense with expertise in traumatic brain injury; (d) Psychologists or other individuals with expertise in the mental health treatment and care of individuals with traumatic brain injury; (e) Experts in the development of training curricula; (f) Family members of members of the Armed Forces with traumatic brain injury; and (g) Such other individuals the Secretary of Defense considers appropriate. 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 Assistant Secretary of Defense for Health Affairs shall select the Panel's chairperson from the total Panel membership. In accordance with DoD policy and procedures, the Assistant Secretary of Defense for Health Affairs is authorized to act upon the advice emanating from the Traumatic Brain Injury Family Caregiver Panel.

The Office of the Secretary of Defense is to amend a 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.

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.