Department of Defense February 26, 2008 – Federal Register Recent Federal Regulation Documents

Pursuant to section 102(2)(c) of the National Environmental Policy Act (NEPA) of 1969 and regulations implemented by the Council on Environmental Quality (40 CFR Parts 1500-1508), and Presidential Executive Order 12114, the Department of the Navy (Navy) prepared and filed with the U.S. Environmental Protection Agency on February 15, 2008, a Supplement to the Draft EIS/OEIS for a Proposal to Enhance Training, Testing, and Operational Capability within the HRC. The Supplement to the Draft EIS/OEIS evaluates the potential for behavioral harassment of marine mammals incidental to the use of mid-frequency active sonar during Navy training and testing within the HRC. The methodology used in the Supplement is a modification of the methodology previously used in the Draft EIS/OEIS. The Supplement to the Draft EIS/ OEIS also addresses a change in the number of sonar hours for each of the alternatives and the potential effects of an additional alternative. A Notice of Intent for the Supplement to the Draft EIS/ OEIS was published in the Federal Register on January 17, 2008 (73 FR 3242). The Navy will conduct four public meetings to received oral and written comments on the Supplement to the Draft EIS/OEIS. Federal agencies, State agencies, and interested individuals are invited to be present or represented at the public meetings. This notice announces the dates and locations of public meetings for the Supplement to the Draft EIS/OEIS. Dates and Addresses: Information sessions and receipt of public comments will be held at each of the locations listed below between 5 p.m. to 9 p.m. The information sessions will allow individuals to review the Supplement to the Draft EIS/OEIS in an open house format. Navy and NMFS representatives will be available during the information sessions to clarify information related to the Supplement to the Draft EIS/OEIS. Oral comments from the public will also be taken during the session. Public meetings will be held on the following dates and at the following locations in Hawaii: 1. March 13, 2008 at the Kauai Community College Cafeteria, 3-1901 Kaumualii Highway, Lihue, Kauai; 2. March 14, 2008 at Maui Waena Intermediate School 795 Onehee Avenue, Kahului, Maui; 3. March 17, 2008 at Disabled American Veterans Hall 2685 North Nimitz Highway, Honolulu, Oahu; 4. March 18, 2008, Hilo Hawaiian Hotel, 71 Banyan Drive, Hilo, Hawaii.

Under the provisions of the Federal Advisory Committee Act of 1972 (5 U.S.C. Appendix, as amended), and the Government in the Sunshine Act of 1976 (5 U.S.C. 552b, as amended), the Department of Defense gives notice that it is establishing the Department of Defense Board of Actuaries (hereafter referred to as the Board). The Board is a non-discretionary federal advisory committee established under the authority of 10 U.S.C. 183. The Board shall: (1) Review valuations of the Department of Defense Military Retirement Fund in accordance with 10 U.S.C. 1465(c) and submit to the President and Congress, not less than once every four years, a report on the status of the Fund including such recommendations for modifications to the funding or amortization of that Fund as the Board considers appropriate and necessary to maintain that Fund on a sound actuarial basis; (2) review valuations of the Department of Defense Education Benefits Fund in accordance with 10 U.S.C. 2006(e), as amended, and make recommendations to the President and Congress on such modifications to the funding or amortization of that Fund as the Board considers appropriate to maintain that Fund on a sound actuarial basis; and (3) review valuations of such other funds as the Secretary of Defense shall specify for purpose of 10 U.S.C. 183 and make recommendations to the President and Congress on such modifications to the funding or amortization of such funds as the Board considers appropriate to maintain such funds on a sound actuarial basis. The Secretary of Defense shall ensure that the Board has access to such records regarding the Military Retirement Fund and the Department of Defense Education Benefits Fund as the Board shall require to determine the actuarial status of such funds. The Board shall be composed of not more than three members appointed by the Secretary of Defense from among qualified professional actuaries who are members of the Society of Actuaries. 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. The members shall serve for a term of 15 years, except that a member of the Board appointed to fill a vacancy occurring before the end of the term for which the predecessor was appointed shall serve only until the end of such term. A member may serve after the end of the term until a successor has taken office. A member of the Board may be removed by the Secretary of Defense for misconduct or failure to perform functions vested in the Board, and for no other reason. Each member of the Department of Defense Retirement Board of Actuaries or the Department of Defense Education Benefits Board of Actuaries, as of the date of enactment of section 906 of Public Law 110-181, shall serve as an initial member of the Department of Defense Board of Actuaries from that date until the date otherwise provided for the completion of such individual's term as a member of the Department of Defense Retirement Board of Actuaries or the Department of Defense Education Benefits Board of Actuaries, as the case may be, unless earlier removed by the Secretary of Defense. A member of the Board who is not an employee of the United States is entitled to receive pay at the daily equivalent of the annual rate of basic pay of the highest rate of basic pay then currently being paid under the General Schedule of subchapter III of chapter 53 of title 5, United States Code, for each day the member is engaged in the performance of the duties of the Board. In addition, each member shall receive compensation for per diem and travel for official Board travel. Members shall not be reappointed for successive terms. The Chairperson of the Board shall be designated by the Under Secretary of Defense for Personnel and Readiness, on behalf of the Secretary of Defense, for a five-year term. The 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 chartered Board, and shall report all their recommendations and advice to the Board for full deliberation and discussion. Subcommittees or workgroups have no authority to make decisions on behalf of the chartered Board nor can they report directly to the Department of Defense or any federal officers or employees who are not Board 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 is renewing the charter for the Advisory Council on Dependents' Education (hereafter referred to as the Council). The Council is a non-discretionary federal advisory committee established by the Under Secretary of Defense for Personnel and Readiness to provide the Department of Defense and the DoD's overseas dependent schools independent advice and recommendations on general policies for the operation of the DoD overseas school system, provided information and insights from the Department of Education regarding educational programs and practices found to be effective, and advised the Director, DoDEA on the various studies and surveys conducted by and about DoDEA. The Council, in accomplishing its mission: (a) Improved the High School Initiative, a 5-year program objective to improve system-wide academic consistency; (b) improved the Special Education Initiative, a program objective to enhance services provided to DoD overseas school system students with special needs; (c) enhanced school counseling services, especially in military communities with high forward deployment rates; and (d) provided invaluable insights into effects on DoD dependent students and CONUS local educational authorities of the impending Global Defense Posture Realignment (GDPR) and the Base Realignment and Closure (BRAC) commission decisions. The Council shall be composed of not more than 16 members, who have demonstrated an interest in the field of primary or secondary education. Council 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. Council members shall be appointed on an annual basis by the Secretary of Defense. In addition, the Secretary of Defense and the Secretary of Education or their designated representative shall serve as the Council's co-chair. Individuals appointed to the Council from professional employee organizations shall be individuals designated by those organizations. Council members and consultants, if required, shall be entitled to compensation at the daily equivalent of the rate specified at the time of such service for level IV of the Executive Services under 5 U.S.C. 5315. Council members shall be entitled to compensation for travel and per diem for official travel. The Council 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 chartered Council, and shall report all their recommendations and advice to the Council for full deliberation and discussion. Subcommittees or workgroups have no authority to make decisions on behalf of the chartered Council nor can they report directly to the Department of Defense or any federal officers or employees who are not Council members.

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 Chief of Naval Operations Executive Panel (hereafter referred to as the Panel). The Panel is a discretionary federal advisory committee established by the Secretary of Defense to provide the Department of Defense independent advice and recommendations on a broad array of issues relating to (1) the role of the naval power in the international strategic environment, including issues of technology, manpower, strategy and policy; (2) current and projected Navy policies and procedures to enhance the Navy's effectiveness and efficiency in execution of national and defense policy; and (3) alternative policies and postures for fulfilling the Navy's mission in the face of evolving political, economic, technological, and military circumstances. The Panel shall be composed of not more than 40 members, who are eminent authorities in the fields of science, engineering, business and political-military. Panel 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. Panel 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 Chief of Naval Operations shall select the Panel's Chairperson from the total Panel membership. 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.