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

The purpose of the study is to evaluate approximately a 16- mile reach of the Santa Ana River along the southern boundary of the City of San Bernardino and the northern boundary of the City of Redlands located in San Bernardino County, CA. The focus will be on watershed improvements by developing alternatives for ecosystem restoration, and incorporating flood risk management features in some areas in downtown San Bernardino and Redlands. The restoration project will concentrate on revitalization of the riparian vegetation community; establish environmental corridor to benefit wildlife and sensitive species; and address flood risk management uses. The portion of the Santa Ana River to be studied is located entirely within San Bernardino County, CA.

In accordance with the National Environmental Policy Act (NEPA), the U.S. Army Corps of Engineers (Corps), San Francisco District, the Port of Stockton, and the Contra Costa County Water Agency are preparing an Environmental Impact Statement/Environmental Impact Report (EIS/EIR) to evaluate the efficiency of the movement of goods along the existing deep draft navigation route extending from the San Francisco Bay to the Port of Stockton. The proposed action consists of altering the depth of the deep draft navigation route. The authority for the San Francisco Bay to Stockton Navigation Improvement Project was provided under House Document 208, House Report 89-973 cited in Section 301 of the Rivers and Harbors Act of 1965, Pub. L. 89-298, Sec. 204, 79 Stat. 1073. This is a notice of intent to prepare an EIS/ EIR, and to consider all reasonable alternatives, evaluate potential impacts of the proposed action, and identify appropriate mitigation measures.

The Army intends to prepare an SPEIS in order to evaluate the relative environmental and socioeconomic impacts of support operations growth in the Pacific Theater as it transforms and aligns its forces to address existing capabilities shortfalls. As part of Army growth, this evaluation will be conducted to supplement the analysis and decisions that were included in the PEIS for Grow the Army (for continental U.S. (CONUS) locations), which was completed in January 2008. The Army will use the SPEIS analysis to evaluate and compare the environmental and socioeconomic impacts of alternatives for implementing its Proposed Action. The Army's Proposed Action is to grow, realign, and transform its forces to support operations in the Pacific Theater and to ensure the proper capabilities exist to sustain operations in promoting global and national security now and into the foreseeable future. The implementation of the Proposed Action is needed to better meet military operational and national security requirements and the needs of the Army's Soldiers and their Families. The SPEIS will assess the capacity of Army installations and their ability to accommodate new units as part of Army growth and force structure realignment to support operations in the Pacific Theater. Alternatives in the SPEIS could include stationing of additional Combat Support (CS) or Combat Service Support (CSS) units or new support brigades. The following alternatives will be analyzed in the SPEIS: (1) Grow, transform, and realign forces by stationing approximately 5,000 additional CS/CSS Soldiers in reasonable locations that support operations in the Pacific Theater; (2) Grow, transform, and realign forces by stationing approximately 7,500 additional CS/CSS Soldiers in reasonable locations that support operations in the Pacific Theater and (3) Grow, transform, and realign forces by stationing approximately 10,000 additional CS/CSS Soldiers in reasonable locations that support operations in the Pacific Theater. The SPEIS will evaluate different stationing scenarios in reasonable locations, which may include Army installations in the CONUS, Hawaii and Alaska with the capability to support operations in the Pacific Theater. In addition to the above alternatives, the No Action Alternative will be considered and used as a baseline for comparison of alternatives. The No Action Alternative is to retain the U. S. Army forces in the Pacific in their current end strength and force structure. The No Action Alternative includes those stationing decisions which have already been made to include stationing actions directed by Base Realignment and Closure legislation in 2005, Army Global Defense Posture Realignment, and Army Modular Forces initiatives. The No Action Alternative is not a viable means for meeting the current and future strategic security and defense requirements of the nation. The SPEIS will analyze the Proposed Action's impacts upon the natural, cultural, and man-made environments at those stationing locations which are capable of supporting the needs of the Army and its Soldiers and Families. Viable alternatives include those stationing locations that are able to meet Army unit requirements for training ranges and maneuver space, housing and office space, maintenance and vehicle parking, and Soldier and Family quality of life (e.g., schools, gyms, medical facilities). In addition, viable alternatives must meet the operational mission requirements of the Pacific Command (PACOM).

The Department of the Navy hereby gives notice of its intent to grant to Air Products and Chemicals, Inc. a revocable, non- assignable, partially exclusive license in the U.S. to practice these Government-owned inventions in the field of use of elastomeric armor for structural or vehicle protection, as described in: U.S. Patent No. 7,300,893, entitled ``Armor Including a Strain Rate Hardening Elastomer,'' issued November 27, 2007, PCT International Case No. PCT/ US2005/013934.

The Department of Navy 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.

The Department of Defense (DoD or ``the Department''), is proposing to establish a higher limit to the initial maximum uniform allowance used to procure and issue uniform items for firefighter personnel. This proposal is pursuant to the authority granted to DoD by Sec. 591.104 of title 5, Code of Federal Regulations (CFR), which states that an agency may establish one or more initial maximum uniform allowance rates greater than the government-wide maximum uniform allowance rate established under 5 CFR 591.103.

The Defense Threat Reduction Agency 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.

The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to ensure that the FAR reflects the Small Business Administration's (SBA) interpretation of the Small Business Act and SBA regulations with regard to the relationship among various small business programs.

Pursuant to section 102(2)(c) of the National Environmental Policy Act (NEPA) of 1969 (as amended), the U.S. Army Corps of Engineers, Los Angeles District, Regulatory Division (Corps), in coordination with the California Department of Fish and Game, Habitat Conservation Planning, South Coast Region (Department), has completed a Draft Program Environmental Impact Statement/Environmental Impact Report (EIS/EIR) for the San Diego Creek Watershed Special Area Management Plan (SAMP)/ Watershed Streambed Alteration Agreement (WSAA) Process. The San Diego Creek Watershed SAMP is a plan, which is comprised of the following elements: an Analytical Framework for Corps and Department decisionmaking; modified, watershed-specific permitting processes, including watershed- and resource-based permitting protocols and a mitigation framework for the Corps and the Department; a Strategic Mitigation Plan, which is based upon a riparian ecosystem restoration plan; a Mitigation Coordination Program to achieve implementation of the Strategic Mitigation Plan and foster a coordinated approach to aquatic resource management in the Watershed; and an implementation plan for the SAMP. The SAMP establishes alternative (aquatic resource- based and watershed-specific) permitting procedures for projects within the San Diego Creek Watershed that will alter the bed, bank or channel of rivers, streams, and lakes and associated riparian habitats under the Department's jurisdiction, and discharge dredged or fill material into waters of the United States subject to the Corps jurisdiction. The SAMP permitting procedures will improve the capacity of the Corps and the Department to evaluate such projects, as compared to the process each agency would normally follow in permitting such projects on a case-by-case basis.

In accordance with 37 CFR 404.6, announcement is made of the availability for licensing of U.S. Patent No. U.S. 7,298,244 entitled ``NBC Marker Light'' issued November 20, 2007. This patent has been assigned to the United States Government as represented by the Secretary of the Army.

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 receive briefings on subject pertaining to the 2008 topics and review protocols for upcoming installation visits. 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, March 21, 2008. If a written statement is not received by Friday, March 21, 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, March from 4 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: March 25, 2008, 8:30 a.m.5 p.m. Location: Double Tree Hotel Crystal City National Airport, 300 Army Navy Drive, Arlington, VA 22202.

The Department of the Navy hereby gives notice of its intent to grant to Newport Engineering and Science Company, a revocable, nonassignable, partially exclusive license to practice throughout the United States the Government-owned inventions described in U.S. Pat. App. Ser. No. 11/296,722 COATING TO REDUCE FRICTION ON SKIS AND SNOWBOARDS filed on December 8, 2005.

The Department of the Navy is amending its rules to remove existing sections relating to Fraternization and Sexual Harassment among naval personnel. These rules relate solely to internal personnel matters. Therefore, it has been determined that these rules are not required to be published in the Code of Federal Regulations.

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 estimation 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.

The DoD Advisory Group on Electron Devices (AGED) announces a closed session meeting.

The Defense Intelligence Agency is amending a system of records notice to its existing inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended.

The Defense Intelligence Agency is amending a system of records notice to 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 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 Department of Defense Wage Committee (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, and all federal agencies independent advice and recommendations on wage surveys and the establishment of wage schedules. The Committee, in accomplishing its mission: (a) Collects wage survey data; (b) reports and recommends use of collected wage survey data; (c) analyses wage survey data; and (c) recommends a proposed wage schedule derived from the data. The Committee shall be composed of not more than 7 members, who are distinguished members of the human resource, business, and the defense industry. 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 with the exception of travel and per diem for official travel, they shall serve without compensation. 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 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 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.

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 U.S. Strategic Command Strategic Advisory Group (hereafter referred to as the Group). The Group is a discretionary federal advisory committee established by the Secretary of Defense to provide the Department of Defense, the Chairman of the Joint Chiefs of Staff and the U.S. Strategic Command independent advice and recommendations on scientific, technical, intelligence and policy-related issues concerning the development and implementation of the Nation's strategic war plans. The Group, in accomplishing its mission: (a) Ensures the safety, reliability, and performance of nuclear weapons; (b) oversees the Stockpile Stewardship Program; (c) advises on the relevance of deterrence in the new world order; (d) monitors the continued downsizing of nuclear forces and the role of non-nuclear weapons in the strategic planning process; and (e) evaluates the general arms control options for enhanced stability. The Group shall be composed of not more than 50 members, who are distinguished members of the academia, business, and the defense industry. Group 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. Group members shall be appointed on an annual basis by the Secretary of Defense, and the Commander of the U.S. Strategic Command or designated representative shall select the Group's Chairperson from the total Group membership. In addition, the Chairman of the Joint Chiefs of Staff shall be authorized to appoint, as required, non-voting consultants to provide technical expertise to the Group. Group members and consultants, if required, shall, with the exception of travel and per diem for official travel, serve without compensation. The Group 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 Group, and shall report all their recommendations and advice to the Group for full deliberation and discussion. Subcommittees or workgroups have no authority to make decisions on behalf of the chartered Group nor can they report directly to the Department of Defense or any federal officers or employees who are not Group members.

The Department of the Air Force 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.

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 102-3.85, the Department of Defense gives notice that it is amending the charter for the Western Hemisphere Institute for Security Operations Board of Visitors (hereafter referred to as the Board). The Board is a non-discretionary federal advisory committee established by 10 U.S.C. 2166(e) to provide the Secretary of Defense through the Secretary of the Army, independent advice and recommendations on matters pertaining to the operations and management of the Western Hemisphere Institute for Security Operations (hereafter referred to as the Institute). Section 956 of Public Law 110-181 (National Defense Authorization Act for Fiscal Year 2008) amended the Board's membership provisions of 10 U.S.C. 2166(e)(1) to include the commanders of the combatant commands having geographic responsibility for the Western Hemisphere. All other provisions of 10 U.S.C. 2166(e) remained unchanged. Pursuant to 10 U.S.C. 2166(e), the Board shall: 1. Inquire into the curriculum instruction, physical equipment, fiscal affairs, and academic methods of the Institute, other matters relating to the Institute that the Board decides to consider, and any other matter that the Secretary of Defense determines appropriate; 2. Review the curriculum to determine whether it adheres to U.S. doctrine, complies with applicable U.S. laws and regulations, and is consistent with U.S. policy goals towards the Western Hemisphere; and 3. Determine whether the Institute emphasizes human rights to include the rule of law, due process, civilian control of the military, and the role of the military in a democratic society. Pursuant to 10 U.S.C. 2166(e)(1), the Board shall be composed of thirteen members: 1. Two members of the Senate (the Chair and Ranking Member of the Armed Services Committee or their designees); 2. Two Members of the House of Representatives (the Chair and Ranking Member of the Armed Services Committee or their designees); 3. One person designated by the Secretary of State; the senior military officer responsible for training and education in the U.S. Army (or designee); the commanders of the combatant commands having geographic responsibility for the Western Hemisphere (or designee); and 4. Six persons designated by the Secretary of Defense including, to the extent practicable, persons from academia, religious institutions, and human rights communities. Board 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. Board Members shall be appointed for a two-year term, and may be extended for an additional term of two years. With the exception of travel and per diem for official travel, they shall serve without compensation. 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 Sunshine in the Government 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.