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

The Department of the Navy (DON) hereby cancels its notice of intent to prepare an Environmental Impact Statement for TRIDENT Support Facilities Explosives Handling Wharf, Naval Base Kitsap-Bangor, Silverdale, Kitsap County, WA, as published in the Federal Register, June 10, 2008 (73 FR 112). The previously published notice is cancelled because the DON has determined that this MILCON project is not ready for consideration in the current budget cycle and therefore the project will not be funded. DON will perform a thorough Business Case Analysis on this project, a thorough review and validation of the project requirement and timeline, and will explore and identify other alternative solutions to this $780M MILCON project.

The Defense Science Board 2008 Summer Study on Capability Surprise will meet in closed session on August 4-14, 2008; at the Beckman Center, Irvine, CA.

Pursuant to section 102(2)(c) of the National Environmental Policy Act (NEPA) of 1969 (42 United States Code [U.S.C.] 4321); the Council of Environmental Quality (CEQ) Regulations for implementing the procedural provisions of NEPA (Title 40 Code of Federal Regulations [CFR] 1500-1508); Department of the Navy Procedures for Implementing NEPA (32 CFR 775); Executive Order (EO) 12114, Environmental Effects Abroad of Major Federal Actions; and Department of Defense (DoD) regulations implementing EO 12114 (32 CFR 187) the Department of the Navy (Navy) has prepared and filed with the U.S. Environmental Protection Agency a Draft Environmental Impact Statement/Overseas Environmental Impact Statement (EIS/OEIS) on June 16, 2008. The National Marine Fisheries Service (NMFS) is a Cooperating Agency for the EIS/OEIS. The EIS/OEIS evaluates the potential environmental impacts over a 10-year planning horizon associated with Navy Atlantic Fleet training; research, development, testing, and evaluation (RDT&E) activities; and associated range capabilities enhancements (including infrastructure improvements) within the existing Virginia Capes (VACAPES) Range Complex Operating Area (OPAREA). The components of the VACAPES Range Complex include 28,672 square nautical miles (nm\2\) of special use area (SUA) warning area; 27,661 nm\2\ of offshore surface and subsurface OPAREA; and 18,092 nm\2\ of deep ocean area greater than 100 fathoms (600 feet). The geographic scope of the EIS/OEIS includes the airspace, seaspace, and undersea space of the VACAPES Range Complex. This area is referred to as the VACAPES Study Area. The VACAPES Study Area does not include any dry land. However, it does include the area from the mean high tide line east (seaward) to the 3nm boundary of the states of Delaware, Maryland, Virginia, and North Carolina. This 3-nm state boundary also serves as the western boundary of the VACAPES OPAREA. The VACAPES Study Area also includes 420 nm\2\ of the lower Chesapeake Bay. A Notice of Intent (NOI) for the EIS/OEIS was published in the Federal Register on December 8, 2006 (Federal Register Volume 71, No. 236, pp 71143-71145). A revised NOI was issued in the Federal Register (Volume 72, No. 171, pp 50940-50941) on September 5, 2007 when training areas in the southern Chesapeake Bay were identified for analysis. The Navy will conduct four public hearings to receive oral and written comments on the Draft EIS/OEIS. Federal agencies, state agencies, and local agencies and interested individuals are invited to be present or represented at the public hearings. This notice announces the dates and locations of the public hearings for this Draft EIS/OEIS. An open house session will precede the scheduled public hearing at each of the locations listed below and will allow individuals to review the information presented in the VACAPES Range Complex Draft EIS/OEIS. Navy representatives will be available during the open house sessions to clarify information related to the Draft EIS/OEIS.

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, USAFA, Colorado Springs, Colorado, on 18-19 July 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 the Academy. Pursuant to 5 U.S.C. 552b, as amended, and 41 CFR 102-3.155, the Department of Defense has determined that two portions 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 the public interest requires that two portions of this meeting 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-served basis up to the reasonable and safe capacity of the meeting room. 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 Air Force Pentagon 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 persons 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 Clear Creek watershed drains portions of Fort Bend, Harris, Galveston, and Brazoria counties, Texas, including portions of Houston and the smaller towns of League City, Friendswood and Pearland, among others. The watershed also forms part of the boundary between Harris County to the north and Galveston and Brazoria counties to the south. Clear Creek flows into the west side of upper Galveston Bay through Clear Lake. The Draft Environmental Impact Statement (DEIS) will evaluate several flood detention and conveyance features to reduce flooding of homes and businesses in the Clear Creek Watershed. The study will focus on environmental and social conditions currently present and those likely to be affected by the proposed changes in the watershed. The flood-control project includes construction of several miles of high flow channel adjacent to the existing channel, while preserving the existing channel and floodplain forest. Detention of flood waters would also be provided in some areas where the high flow channel diverges from the low flow channel and in off-line detention areas adjacent to the creek. All flood control measures on Clear Creek occur upstream of the Dixie Farm Road crossing. The proposed project also includes widening three tributaries to Clear Creek, Mud Gully, Turkey Creek, and Mary's Creek, for improved conveyance of flood flows, with detention basins constructed adjacent to Mary's Creek and between Clear Creek and Mud Gully.

This Notice is provided pursuant to section 2905(b)(7)(B)(ii) of the Defense Base Closure and Realignment Act of 1990. It provides a partial list of military installations closing or realigning pursuant to the 2005 Defense Base Closure and Realignment (BRAC) Report. It also provides a corresponding listing of the Local Redevelopment Authorities (LRAs) recognized by the Secretary of Defense, acting through the Department of Defense Office of Economic Adjustment (OEA), as well as the points of contact, addresses, and telephone numbers for the LRAs for those installations. Representatives of state and local governments, homeless providers, and other parties interested in the redevelopment of an installation should contact the person or organization listed. The following information will also be published simultaneously in a newspaper of general circulation in the area of each installation. There will be additional Notices providing this same information about LRAs for other closing or realigning installations where surplus government property is available as those LRAs are recognized by the OEA.

This is the final notice that the Department of Defense (DoD or ``the Department''), is establishing a higher initial maximum uniform allowance to procure and issue uniform items for DoD firefighter personnel. This action is pursuant to the authority granted to DoD by Section 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 Governmentwide maximum uniform allowance rate established under 5 CFR 591.103.

The Department of the Navy is amending its certifications and exemptions under the International Regulations for Preventing Collisions at Sea, 1972 (72 COLREGS), to reflect that the Deputy Assistant Judge Advocate General (Admiralty and Maritime Law) has determined that USS STOCKDALE (DDG 106) is a vessel of the Navy which, due to its special construction and purpose, cannot fully comply with certain provisions of the 72 COLREGS without interfering with its special function as a naval ship. The intended effect of this rule is to warn mariners in waters where 72 COLREGS apply.

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 National Security Education Board (hereafter referred to as the Board). The Board is a non-discretionary federal advisory committee established by the Secretary of Defense to provide the Department of Defense independent advice and recommendations on developing the national capacity to educate U.S. citizens to understand foreign cultures, strengthen U.S. economic competitiveness, and enhance international cooperation and security. The Board, in accomplishing its mission: (a) Develop criteria for awarding scholarships, fellowships, and grants, including an order of priority in such awards that favors individuals expressing an interest in national security issues or pursuing a career in a national security position; (b) provide for wide dissemination of information regarding the activities assisted under national security issues; and (c) establish qualifications for students desiring scholarships or fellowships, and institutions of higher education desiring grants. The Board shall be composed of not more than 13 members, who shall include members that represent (a) the Secretary of Defense or designee, who shall serve as the Chairperson of the Board; (b) the Secretary of Education or designee; (c) the Secretary of State or designee; (d) the Secretary of Commerce or designee; (e) the Director of Central Intelligence or designee; (f) the Chairperson of the National Endowment for the Humanities; and (g) six people appointed by the President, by and with the advice and consent of the Senate, who shall be experts in the fields of international, language, area and counter proliferation studies education and who may not be full-time officers or employees of the Federal Government. Board members appointed by the President shall be appointed for a period specified by the President at the time of their appointment, but not to exceed four years. In addition, the Secretary of Defense or designee may invite other distinguished Government officers to serve as non-voting observers of the Board, and appoint consultants, with special expertise, to assist the Board on an ad hoc basis. Board members, who are not full-time or permanent part-time federal officers or employees, shall be appointed as experts and consultants under the authority of 5 U.S.C. 3109. Board members shall, with the exception of travel and per diem for official travel, serve without compensation, unless otherwise authorized. 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.

This notice announces the following proposed change to Rule 21(f) of the Rules of Practice and Procedure, United States Court of Appeals for the Armed Forces for public notice and comment. New language is in bold print. Language to be removed is within brackets.

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 Uniform Formulary Beneficiary Advisory Panel (hereafter referred to as the Panel). The Panel is a non-discretionary federal advisory committee established by the Secretary of Defense to provide the Department of Defense, the Assistant Secretary of Defense (Health Affairs) and the Director, TRICARE Management Activity independent advice and recommendations on the development of the uniform formulary. The Panel, in accomplishing its mission: (a) Creates transparency in the policy decisions regarding the DoD Uniform Formulary; (b) provides public forum where beneficiaries may voice their opinions regarding formulary changes allowing panel members, who represent their interests, to advocate for change within their member organizations and beyond. The Panel shall be composed of not more than 15 members, who shall include members that represent (a) Non-Government organizations and associations that represent the views and interests of a large number of eligible covered beneficiaries; (b) contractors responsible for the TRICARE retail pharmacy program; (c) contractors responsible for the national mail-order pharmacy program; and (d) TRICARE network providers. Panel members appointed by the Secretary of Defense, who are not federal officers or employees, shall be appointed as experts and consultants under the authority of 5 U.S.C. 3109 and with the exception of travel and per diem for official travel, shall serve without compensation, unless otherwise authorized by the Secretary of Defense. The Secretary of Defense shall renew the appointments of these Special Government Employees on an annual basis. The Under Secretary of Defense (Personnel and Readiness) or designed representative 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 Government in the Sunshine 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.

The Department of the Navy is amending its certifications and exemptions under the International Regulations for Preventing Collisions at Sea, 1972 (72 COLREGS), to reflect that the Deputy Assistant Judge Advocate General (Admiralty and Maritime Law) has determined that USS NASHVILLE (LPD 13) is a vessel of the Navy which, due to its special construction and purpose, cannot fully comply with certain provisions of the 72 COLREGS without interfering with its special function as a naval ship. The intended effect of this rule is to warn mariners in waters where 72 COLREGS apply.

The Department of the Army announces its intent to prepare an EIS for expanded activities on WSMR. This EIS will analyze the impacts of new mission requirements and development of new test and training capabilities and associated land use changes to support Army Transformation, the Army Campaign Plan, Future Combat Systems, Grow the Army, and other Army initiatives. This includes the stationing of a Heavy Brigade Combat Team (HBCT) of approximately 3,800 Soldiers at WSMR. This action also supports WSMR as a test bed for rapid development and deployment of new systems in response to rapidly changing world conditions and long-term Department of Defense, U.S. Army Developmental Test Command, and Army planning. Specifically, this EIS will assess environmental impacts associated with changing land uses to allow for expanded off-road maneuver in some areas, to support new testing capabilities and requirements, and continuing off-post to on-post tests. It will also address new weapons firing ranges and capabilities, as well as Soldier and Family housing, schools, infrastructure, utilities, and administrative and related facilities needed to support stationing of the HBCT at WSMR. The proposed action would result in a flexible, capabilities-based airspace and land use plan able to accommodate rapidly evolving customer needs, support current and future mission activities, and support a full range of test and training efforts from individual components up through major joint and multinational programs.

The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (the Councils) are interested in determining if, when, and how service contractor employees' personal conflicts of interest (PCI) need to be addressed and whether greater disclosure of contractor practices, specific prohibitions, or reliance on specified principles would be most effective and efficient in promoting ethical behavior. The comment period is reopened for anadditional 30 days to provide additional time for interested parties to review and comment on the Advance notice of proposed rulemaking.

The Director, Defense Procurement, Acquisition Policy, and Strategic Sourcing has reinstituted the use of small business set-aside procedures for solicitations issued under the Designated Industry Groups (DIGs), including Construction (except dredging), Subsector 236Construction of Buildings; non-nuclear ship repair acquisitions conducted by the Department of the Navy under North American Industry Classification System (NAICS) Code 3366111, Product or Service Code J999 (West Coast only); Architect and Engineering Services (including Surveying and Mapping); and Refuse Systems and Related Services. The Director, Defense Procurement, Acquisition Policy, and Strategic Sourcing has also reinstituted the use of small business set-aside procedures for construction solicitations issued under specific construction NAICS codes for the Army, the Navy, the Air Force, the Defense Logistics Agency, the Defense Information Systems Agency, the Defense Threat Reduction Agency, the Defense Education Activity, and the U.S. Special Operations Command. This action is required under the Small Business Competitiveness Demonstration Program because DoD has failed to attain its 40 percent goal in these DIGs.

In accordance with the National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA), the U.S. Army Corps of Engineers, San Francisco District, (Corps) in coordination with the Port of Sacramento is preparing a draft Supplemental Environmental Impact Statement /Subsequent Environmental Impact Report (SEIS/SEIR) to evaluate the action of resuming construction of navigational improvements to the Sacramento River Deep Water Ship Channel (SRDWSC). The SRDWSC runs from the Contra Costa county line to the Port of Sacramento. Construction was initiated in 1989, but work was suspended in 1990 after deepening a portion of the channel to the authorized depth of 35 feet. The proposed action involves deepening the existing Federal navigation channel from 30 feet to 35 feet (mean lower low water) and widening portions of the channel to improve navigational efficiency for movement of goods and safety. The SRDWSC project was originally authorized by the River and Harbors Act of 1946 , Public Law 525, 79th Congress, 2nd Session, and reauthorized under Section 202(a) of the Water Resources and Development Act of 1986, Public Law 99-662, 100 Stat. 4092. This is a notice of intent to prepare an SEIS/SEIR, and to consider alternatives, evaluate potential impacts of the proposed action, and identify appropriate mitigation measures.

The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to require certain contractors and subcontractors to use the U.S. Citizenship and Immigration Services' (USCIS) E-Verify system as the means of verifying that certain of their employees are eligible to work in the United States.

The U.S. Army Corps of Engineers (Corps) is proposing to establish a restricted area around the AUSTAL, USA shipbuilding facility located in Mobile, Alabama, because of the sensitive nature of the on-going and potential future activities at that facility. The Supervisor of Shipbuilding, Conversion and Repair (SUPERVISOR), located in Bath, Maine is responsible for United States Navy shipbuilding activities at AUSTAL, USA located in Mobile, Alabama. The proposed restricted area will be used for on-going construction when vessels are placed in the water. The proposed restricted area is essential to protect persons and property from the dangers associated with the operation and safeguard the area from accidents, sabotage and other subversive acts.

The Defense Information Systems Agency proposes to add a system of records notice to its existing inventory of records 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) have agreed on an interim rule amending the Federal Acquisition Regulation (FAR) to implement Section 6 of the Sudan Accountability and Divestment Act of 2007. Section 6 requires certification in each contract entered into by an Executive agency, that the contractor does not conduct certain business operations in Sudan.

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 the rule appearing in Federal Acquisition Circular (FAC) 2005-26 which amends the FAR. Interested parties may obtain further information regarding this rule by referring to FAC 2005-26 which precedes this document. These documents are also available via the Internet at https://www.regulations.gov.

The U.S. Army Corps of Engineers (COE), Wilmington District, Wilmington Regulatory Division is amending the request for Department of the Army authorization, pursuant to Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act, from Carolinas Cement Company LLC (a subsidiary of Titan America LLC) to construct the Carolinas Cement Company LLC Castle Hayne Project. This project will include quarrying to support cement manufacturing in northern New Hanover County, NC. The amendment is a change in date and location of the scoping meeting and an extension of the comment period deadline. The original Notice of Intent was published in the Federal Register on May 30, 2008 (73 FR 31072), with a comment deadline of June 30, 2008.

Pursuant to section (102)(2)(c) of the National Environmental Policy Act of 1969, and the regulations implemented by the Council on Environmental Quality (40 CFR parts 1500-1508), the Department of the Navy (Navy) announces its intent to prepare an Environmental Impact Statement (EIS) to evaluate the potential environmental impacts associated with the construction and operation of a proposed new Explosives Handling Wharf (EHW) located adjacent to, but separate from, the existing EHW on Hood Canal, NBK-Bangor, WA, to support TRIDENT submarines. The proposed action consists of in-water and land-based construction and infrastructure enhancements including a covered ordnance operations area, a support building on the wharf, and a warping wharf. As part of the Navy's sea-based strategic deterrence mission, the Navy Strategic Systems Programs (SSP) directs research, development, manufacturing, test, evaluation, and operational support of the TRIDENT Fleet Ballistic Missile program. SSP is the Action Proponent and the Navy is the lead agency for this project. The Navy will hold a public scoping meeting for the purpose of further identifying the scope of issues to be addressed in the EIS. Federal, State, and local agencies and the public are invited to participate in the scoping process for the EIS. Comments are being solicited to help identify significant issues or concerns related to the proposed action, determine the scope of issues to be addressed in the EIS, and identify and refine alternatives to the proposed action. The Navy will conduct a public scoping meeting to receive oral and/ or written comments on environmental concerns that should be addressed in the EIS. The public scoping meeting will be conducted in English and will be arranged in an informal, open house format. Attendees will be asked to sign in and will be directed to various stations manned by Navy representatives and technical staff assigned to provide information and answer questions. Several large display boards will be located throughout the meeting location to assist attendees in understanding the project and the alternatives. A comment table, supplied with comment sheets, will be placed in an easily accessible and comfortable location. Fact sheets about the project and alternatives will be available to participants.

The U.S. Army Corps of Engineers (USACE) is issuing this notice to advise the public that a Draft Environmental Impact Statement (Draft EIS) has been completed and is available for review and comment.

The U.S. Army Corps of Engineers, Los Angeles District (Regulatory Division), in coordination with the Port of Los Angeles, has completed a Draft Supplemental Environmental Impact Statement/ Subsequent Environmental Impact Report (SEIS/SEIR) for the Pacific L.A. Marine Terminal LLC Crude Oil Terminal Project. The Port of Los Angeles requires authorization pursuant to Section 404 of the Clean Water Act and Section 10 of the River and Harbor Act for a new crude oil marine terminal at Berth 408 on Pier 400 including: Construction of a new marine terminal to receive crude oil from marine vessels and transfer the oil to tank farm facilities via a new 42-inch-diameter, high-volume pipeline; construction of two tank farms, Tank Farm Site 1 located on Pier 400 and Tank Farm Site 2 located on Pier 300 at Seaside Avenue/ Terminal Way; construction of new pipelines to connect the new tank farm facilities to existing pipeline facilities, with the new tank farm facilities connected to the existing ExxonMobil Southwest Terminal on Terminal Island, the existing Ultramar/Valero Refinery on Anaheim Street near the Terminal Island Freeway, and to Plains All American pipeline systems near Henry Ford Avenue and Alameda Street via new and existing 36-inch, 24-inch, and 16-inch pipelines, and with all new pipelines installed belowground, with the exception of the water crossings at the Pier 400 causeway bridge and at the Valero utility/pipe bridge that crosses the Dominguez Channel west of the Ultramar/Valero Refinery. The new tank farm facilities would provide a total of 4.0 million barrels (bbl) of capacity, primarily receiving crude oil, partially refined crude oil, and occasional deliveries of Marine Gas Oil (MGO).