Department of Defense January 2008 – Federal Register Recent Federal Regulation Documents

The action being taken is the preparation of an environmental impact statement (EIS) for the issuance of both the 408 permission and 404 permit to SAFCA for their work on the Natomas Levee Improvement Project (NLIP). The 408 is permission to alter existing flood control structures and the 404 permit is required for the discharge of dredged or fill material into the waters of U.S. under the Clean Water Act. The NLIP is located in Sacramento and Sutter Counties, California. SAFCA is requesting this permission and permit in order to complete construction along the Natomas Cross Canal and on the landside of the east levee of the Sacramento River.

The Defense Logistics Agency (DLA) is proposing 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.

Defense Information Systems Agency proposes to add a system of records notice in its existing inventory of records systems subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended.

The Office of the Secretary of Defense is amending two systems 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 Defense Policy Board Advisory Committee will meet in closed session on March 6, 2008 from 0800 hrs until 2030 and March 7, 2008 from 0900 hrs until 1330 at the Pentagon. The purpose of the meeting is to provide the Secretary of Defense, Deputy Secretary of Defense and Under Secretary of Defense for Policy with independent, informed advice on major matters of defense policy. The Board will hold classified discussions on national security matters. In accordance with Section 10(d) of the Federal Advisory Committee Act, Public Law No. 92-463, as amended [5 U.S.C. App II (1982)], it has been determined that this meeting concerns matters listed in 5 U.S.C. 552B(c)(1) (1982), and that accordingly this meeting will be closed to the public.

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 establishing the U.S. Nuclear Command and Control System Comprehensive Review Committee (hereafter referred to as the Committee). The Committee is a discretionary federal advisory committee established under the authority of 41 CFR 102-3.50(d) to provide the Secretary of Defense, in his capacity as the Nuclear Command and control System Executive Agent, a comprehensive review of the U.S. Nuclear Command and Control System (NCCS). The Committee, considering the impact advanced technology, current and emerging threats, and evolving vulnerabilities have on the Nuclear Command and Control System, shall: A. Examine the full range of NCCS policies, procedures, responsibilities, functions, capabilities, management and oversight necessary to: 1. Meet national and department/agency policy and guidance; and 2. Maintain the highest standards required for planning, directing, and controlling nuclear weapons, weapons systems, and associated operations. B. Recommend changes to NCCS policies, responsibilities, functions, capabilities, management structures, and oversight mechanisms, as well as identifying other enhancements to NCCS elements (facilities, equipment, personnel, communications and procedures). The Committee's review shall not address nuclear force size and structure, deterrence strategy, and arms control/threat reduction analyses. The Committee shall be composed of a chairperson and no more than five distinguished members, who diverse expertise and background enable them to provide recommendations for improving the National Command and Control System to the NCCS Executive Agent. The Committee members shall be appointed by the Secretary of Defense for the duration of the Committee, and their appointments will be renewed on an annual basis. Those members, who are not full-time Federal officers or employees, shall serve as Special Government Employees under the authority of 5 U.S.C. 3109. Committee members, with the exception of travel and per diem for official travel, shall serve without compensation. The Secretary of Defense 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.

The Army Review Boards Agency (ARBA) is amending A0015-185 SFMR systems of records notice in its existing inventory of record systems subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended.

This notice announces the forthcoming public meeting of the Code Committee established by Article 146(a), Uniform Code of Military Justice, 10 U.S.C. 946(a), to be held at the Courthouse of the United States Court of Appeals for the Armed Forces, 450 E. Street, NW., Washington, DC 20441-0001, at 9 a.m. on Tuesday, March 4, 2008. The agenda for this meeting will include consideration of proposed changes to the Uniform Code of Military Justice and the Manual for Courts- Martial, United States, and other matters relating to the operation of the Uniform Code of Military Justice throughout the Armed Forces.

The Department of the Navy is amending 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.

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 OMB Circular A- 119. 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.

DoD has issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to remove text addressing prohibitions on contractor activities involving trafficking in persons. The DFARS text is no longer necessary, since policy on this subject has been added to the Federal Acquisition Regulation (FAR).

DoD is making technical amendments to the Defense Federal Acquisition Regulation Supplement (DFARS) to update an office symbol and a cross-reference.

DoD has issued an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement Section 818 of the National Defense Authorization Act for Fiscal Year 2007. Section 818 requires DoD to modify regulations regarding the determination of contract type for major development programs to address assessment of program risk.

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 April 30, 2008. DoD proposes that OMB extend its approval for use for three additional years.

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 Sec. 102-3.65, the Department of Defense gives notice that the name of the Ocean Research Advisory Panel is being changed to the Ocean Research and Resources Advisory Panel (hereafter referred to as the Panel), and that the Panel's charter is being renewed. The Panel is a non-discretionary federal advisory committee established by 10 U.S.C. 7903 to provide independent scientific advice and recommendations to the National Ocean research Leadership Council (hereafter referred to as the Council). Pursuant to 10 U.S.C. 7903(b), the Council shall assign the following responsibilities to the Panel: 1. To advise the Council on policies and procedures to implement the National Oceanographic Partnership Program. 2. To advise the Council on selection of partnership projects and allocation of funds for partnership projects for implementation under the program. 3. To advise the Council on matters relating to national oceanographic data requirements. 4. Any additional responsibilities that the Council considers appropriate. As directed by 10 U.S.C. 7903(a), the Panel shall be composed of not less than 10 and not more than 18 members representing the National Academy of Sciences, the National Academy of Engineering, the Institute of Medicine, ocean industries, State Governments, academia and others including individuals who are eminent in the fields of marine science, marine policy or related fields including ocean resource management. Panel Members appointed by the Secretary of Defense or designated representative, 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 Members, under the provisions of 10 U.S.C. 7903, shall be appointed on an annual basis by the Secretary of Defense or designated representative, and shall serve no more than four years. The Panel Membership shall select the Chairperson and Vice-Chairpersons of the Panel for renewable one-year terms. In addition, the Secretary of Defense or designated representative may invite other distinguished Government officers to serve as non-voting observers of the Panel, and appoint consultants, with special expertise, to assist the Panel on an ad hoc basis. The Panel 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 Panel, and shall report all their recommendations and advice to the Panel for full deliberation and discussion. Subcommittees or workgroups have no authority to make decisions on behalf of the chartered Panel nor can they report directly to the Department of Defense or any federal officers or employees who are not Panel Members.

Wisconsin Power and Light Company (WPL) has applied to the St. Paul District, Corps of Engineers (Corps) for a permit to conduct work below the ordinary high water mark of the Mississippi River, a navigable water of the U.S., and to discharge dredged or fill material into waters of the U.S. to facilitate the construction and operation of a 300 megawatt (MW) baseload coal-fired electric generating unit, referred to as NED 3, near Cassville in Grant County, WI. Specifically, the WPL is proposing an atmospheric circulating fluidized bed boiler and steam turbine generator unit at a site adjacent to the existing Nelson Dewey Generating Station (NED) Units 1 and 2 on the Mississippi River at River Mile 607.7. In addition to the new power generating unit, the following associated facilities would be constructed and operated: A new lateral collector well to supply cooling water; additional barge unloading capacity including three additional barge moorings in the Mississippi River, a new barge unloading tower foundation, and a temporary equipment barge unloading ramp; a new storm water detention pond and pipe outfall structure; 1.7-mile-long off-site parallel industrial railroad tracks, including a sheet pile retaining wall, adjacent to the existing BNSF railroad mainline tracks; new railroad bridges over two creeks for the off-site parallel industrial railroad tracks; and two new coal pile runoff ponds to replace the existing coal pile runoff pond adjacent to the railroad tracks. The project would require the discharge of dredged or fill material into the Mississippi River and two creeks that are tributaries to the Mississippi River. The Mississippi River is a navigable water of the U.S. The discharge of dredged or fill material into waters of the U.S. requires a permit issued by the Corps under Section 404 of the Clean Water Act. Construction work conducted below the ordinary high water mark of a navigable water of the U.S. requires a permit issued by the Corps under Section 10 of the Rivers and Harbors Act. The final environmental impact statement will be used as a basis for the permit decision and to ensure compliance with the National Environmental Policy Act (NEPA).

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 extraordinary contractual action requests. The clearance currently expires on April 30, 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.

The Department of the Navy herby gives notice of its intent to grant to Soil Information Systems, Inc., a revocable, nonassignable, partially exclusive license in the United States to practice the Government-Owned invention(s) described in U.S. Patent Number 5,316,950 entitled ``Method for quantitative calibration of in situ optical chemical measurements in soils using soil class and characteristics'', issue date May 31, 1994.

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 deliberate on the 2007 findings and recommendations, brief the 2007 report, and discuss the Committee's 2008 agenda. 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., Friday, 25 January 2008. If a written statement is not received by Friday, 25 January 2008 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 Tuesday, 29 January 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. Dates & Times: 29 January 2007, 8:30 a.m.-5 p.m. 30 January 2007, 1 p.m.-6 p.m. 31 January 2007, 8:30 a.m.-5 p.m. Location: Double Tree Hotel Crystal City National Airport, 300 Army Navy Drive, Arlington, VA 22202.

The U.S. Army Corps of Engineers, Galveston District announces the release of the Final Environmental Impact Statement (FEIS) and the public comment period, and the availability of the Final General Conformity Determination for the Brazos River Harbor Navigation District's (Port of Freeport) proposed widening of the Freeport Harbor Ship Channel.

In accordance with 37 CFR 404.6, announcement is made of the availability for licensing of U.S. Patent No. U.S. 7,309,582 entitled ``Polymer-Template Complex Produced by Enzymatic Polymerization'' issued December 18, 2007. This patent has been assigned to the United States Government as represented by the Secretary of the Army.

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, and discussion of the board's mission and future goals. This meeting is open to the public.

DoD has adopted as final, without change, an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement the Dominican Republic-Central America-United States Free Trade Agreement with respect to the Dominican Republic. The rule also includes Bulgaria and Romania on the list of countries covered by the World Trade Organization Government Procurement Agreement.

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 March 31, 2008. DoD proposes that OMB extend its approval for use for three additional years.

DoD has issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to address requirements for the distribution of material inspection and receiving reports under DoD contracts. The rule clarifies that two copies of the receiving report must be distributed with each shipment.