Department of Defense December 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 restrict the use of the Governmentwide commercial purchase card as a method of payment for contractors with debts subject to the Treasury Offset Program.

The Defense Finance and Accounting Service (DFAS) is proposing to add 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.

The Office of the Secretary of Defense proposes to add a new ``Blanket Routine Use'' to DoD systems of records to its inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended.

This 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) to advise the public of the Air Force's intent to prepare an EIS that will evaluate the environmental effects associated with range enhancements and alternatives within the eastern portion of the Barry M. Goldwater Range (BMGR), Arizona. The Air Force is also initiating a scoping process and public meetings to assist in determining the extent of issues to be addressed in the EIS. Three scoping meetings will be held, as scheduled below. Each meeting will include an open house where the public may review maps and other displays. Federal, state, and local agencies; Native American tribes; and interested individuals are encouraged to take this opportunity to identify environmental concerns that should be addressed in the preparation of the EIS.

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 is renewing the charter for the Defense Advisory Committee on Military Personnel Testing (hereafter referred to as the Committee). The Committee is a discretionary federal advisory committee established by the Secretary of Defense to provide the Department of Defense independent advice and recommendations on matters pertaining to military personnel testing. The Committee shall review the calibration of personnel selection and classification tests to ensure the accuracy of resulting scores, review relevant validation studies to ensure that the tests have utility in predicting success in technical training and on the job, review ongoing testing research and development in support of the enlistment program, and make recommendations for improvements to make the testing process more responsible to the needs of the Department of Defense and the Military Services. The Committee shall be composed of not more than seven members, who are eminent authorities in the fields of educational and psychological testing. Committee Members appointed by the Secretary of Defense, who are not federal officers or employees, shall serve as Special Government Employees under the authority of 5 U.S.C. 3109. Committee Members shall be appointed on an annual basis by the Secretary of Defense, and shall serve terms of three years on the Committee. With the exception of travel and per diem for official travel, they shall serve without compensation. The Under Secretary of Defense (Personnel and Readiness) shall select the Committee's Chairperson. The Committee 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 Sunshine in the Government 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 Committee 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 Committee Members.

In compliance with Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Defense Finance and Accounting Service announces a proposed public information collection and seeks public comment on the provisions 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.

This document summarizes the Federal Acquisition Regulation (FAR) rules agreed to by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council in this Federal Acquisition Circular (FAC) 2005-23. A companion document, the Small Entity Compliance Guide (SECG), follows this FAC. The FAC, including the SECG, is available via the Internet at https://www.regulations.gov.

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 implement recommendations to change the regulations related to performance-based payments.

The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have agreed on an interim rule amending the Federal Acquisition Regulation (FAR) to require use of Electronic Products Environmental Assessment Tool (EPEAT) when acquiring personal computer products such as desktops, notebooks (also known as laptops), and monitors pursuant to the Energy Policy Act of 2005 and Executive Order 13423, ``Strengthening Federal Environmental, Energy, and Transportation Management.''

The Department of the Navy herby gives notice of its intent to grant to Elemental Wireless, LLC., a revocable, nonassignable, partially exclusive license in the United States to practice the Government-Owned inventions described in U.S. Patent Numbers 5,528,612 entitled ``Laser with Multiple Gain Elements'', issue date June 18, 1996// U.S. Patent Number 5,530,711 entitled ``Low threshold diode- pumped tunable dye laser'', issue date June 25, 1996// U.S. Patent Number 5,541,946 entitled ``Laser with multiple gain elements pumped by a single excitation source'', issue date July 30, 1996// U.S. Patent Number 6,759,303 entitled ``Complementary vertical bipolar junction transistors fabricated of silicon-on-sapphire utilizing wide base PNP transistors'', issue date July 6, 2004.

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 notice of availability of Supplement I of the Draft Environmental Impact Statement for the request for Department of the Army authorization, pursuant to Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbor Act, from Potash Corporation of Saskatchewan Phosphate Division (PCS) for the continuation of its phosphate mining operation near Aurora, Beaufort County, NC published in the Federal Register on Tuesday, November 6, 2007 (72 FR 62634), required comments be submitted by December 21, 2007. The comment period has been extended until December 31, 2007.

Under the provisions of the Federaql 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 of the following meeting:

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 environmentally sound products. A request for public comments was published in the Federal Register at 72 FR 56991, October 5, 2007. No comments were received.

Pursuant to 10 U.S.C. 9355, the U.S. Air Force Academy (USAFA) Board of Visitors (BoV) will meet in Harmon Hall, 2304 Cadet Drive, Suite 3300, United States Air Force Academy, Colorado Springs, Colorado, on 10-11 January 2008. The purpose of this meeting is to review morale and discipline, social climate, curriculum, instruction, physical equipment, fiscal affairs, academic methods, and other matters relating to USAFA. Meeting sessions will begin at 9:00 a.m. on 10 January 2008, in Harmon Hall, USAFA, Colorado Springs, Colorado. Pursuant to 5 U.S.C. 52b, as amended, and 41 CFR 102-3.155, the Department of Defense has determined that a portion of this meeting shall be closed to the public. The Administrative Assistant to the Secretary of the Air Force, in consultation with the Office of the Air Force General Counsel, has determined in writing that one portion of this meeting will be closed to the public because it will involve matters covered by subsection (c) (6) of 5 U.S.C. 552b. Public attendance at the open portions of this USAFA BoV meeting shall be accommodated on a first-come, first-serve basis up to the reasonable and safe capacity of the meeting room. To enter the Academy Installation all that's required is a valid driver's license. To enter the Cadet Area requires an escort; therefore, all personnel interested in attending the meeting must call the USAFA Communications Office, at (719) 333-7714, to coordinate escort and arrival requirements. In addition, any member of the public wishing to provide input to the USAFA BoV 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 (FACA) and the procedures described in this paragraph. Written statements must address the following details: the issue, discussion, and a recommended course of action. Supporting documentation may also be included as needed to establish the appropriate historical context and provide any necessary background information. Written statements can be submitted to the Designated Federal Officer (DFO) at the address detailed below at any time. However, if a written statement is not received at least 10 days before the first day of the meeting which is the subject of this notice, then it may not be provided to, or considered by, the BoV until its next open meeting. The DFO will review all timely submissions with the BoV Chairperson and ensure they are provided to members of the BoV before the meeting that is the subject of this notice. For the benefit of the public, rosters that list the names of BoV members and any releasable materials presented during open portions of this BoV meeting shall be made available upon request. If, after review of timely submitted written comments, the BoV Chairperson and DFO deem appropriate, they may choose to invite the submitter of the written comments to orally present their issue during an open portion of the BoV meeting that is the subject of this notice. Members of the BoV may also petition the Chairperson to allow specific people to make oral presentations before the BoV. Any oral presentations before the BoV shall be in accordance with 41 CFR 102- 3.140(c), section 10(a)(3) of the FACA, and this paragraph. The DFO and BoV Chairperson may, if desired, allot a specific amount of time for members of the public to present their issues for BoV review and discussion. Direct questioning of BoV members or meeting participants by the public is not permitted except with the approval of the DFO and Chairperson.

The Department of Defense is proposing to update current policies and procedures to reflect the DoD FOIA Program as prescribed by Executive Order 13392. The proposed changes will ensure appropriate agency disclosure of information, and offer consistency with the goals of section 552 of title 5, United States Code.

The Department of Defense (DoD) school systems [DoD Dependents Schools (DoDDS) and the Defense Dependents Elementary and Secondary Schools (DDESS)] are required by law to provide services and safeguards to children with disabilities consistent with the ``Individuals With Disabilities Education Act'' (IDEA). This will bring the DoDDS and DDESS under a single rule codified at 32 CFR part 57. The rule integrates previous DoD policy memoranda.

Defense Threat Reduction Agency is amending 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 U.S. Army Corps of Engineers, in cooperation with the Pennsylvania Turnpike Commission and the U.S. Environmental Protection Agency, as a Cooperating Agency, have prepared a Draft Environmental Impact Statement/Section 404 Permit Application (DEIS) for the Southern Beltway Transportation Project from I-79 to the Mon/Fayette Expressway in Washington County, PA. The overall purpose of the project is to provide transportation mobility safety improvements, to relieve congestion, and to support economic development plans in southwestern Pennsylvania. The DEIS assesses the environmental effects of the various alternatives developed to address the project needs.