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

In compliance with section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Department of the Army announces a proposed revision of a 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.

The U.S. Army Corps of Engineers (USACE) is soliciting nominations from the private sector to serve on the Committee on Levee Safety. The Water Resources Development Act (WRDA) of 2007 requires formation of a sixteen member Committee on Levee Safety (Committee) charged with developing recommendations for a national levee safety program, including a strategic implementation plan. Two representatives of the private sector will be selected to serve on the Committee.

The Department of the Army is proposing to alter a system of records in its existing inventory of records systems subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended.

The Department of Navy (Navy), pursuant to Section 102(2)(C) of the National Environmental Policy Act (NEPA) of 1969, 42 United States Code (U.S.C.) 4321 et seq.; the regulations implementing NEPA issued by the Council on Environmental Quality (CEQ), 40 Code of Federal Regulations (CFR) Parts 1500-1508; Navy regulations implementing NEPA procedures (31 CFR 775); and Presidential Executive Order 12114, hereby announces its decision to conduct a shock trial for USS MESA VERDE in the area of the Atlantic Ocean offshore of Naval Station Mayport, Jacksonville, Florida during the summer 2008 (June 21- September 20). NEPA establishes the procedures Federal agencies must follow in analyzing environmental impacts of major Federal actions within the United States (U.S.) and its territories. Presidential Executive Order 12114 establishes the procedures Federal agencies must follow when environmental impacts of major Federal actions occur outside the U.S. or its territories including the global commons. The Navy is the lead agency for the proposed action with cooperation from the National Marine Fisheries Service (NMFS), who agreed to be a cooperating agency for the Environmental Impact Statement. USS MESA VERDE will undergo a shock trial in a manner consistent with the proposed action ``Alternative Offshore Shock Trial Locations'' as described in the Final Environmental Impact Statement (EIS). The Final EIS analyzed in detail three alternative offshore areas (Norfolk, Virginia; Mayport, Florida; and Pensacola, Florida) during all four seasons. The No-action alternative was also analyzed in the Final EIS. The preferred alternative is to conduct a shock trial offshore of Mayport implementing protective measures (also referred to as mitigation measures) to minimize risk to marine mammals and sea turtles. Although all three test areas meet minimal operational requirements, there is considerable variability between the locations in terms of marine species presence and status (e.g., threatened or endangered), as well as differences with respect to potential impacts to species (i.e., mortality, injury, and acoustic harassment). USS MESA VERDE will be subjected to a series of up to four 10,000-pound explosive charge detonations sometime between June 21, 2008 and September 20, 2008, conducted at a rate of one per week to allow time to perform detailed inspections of the ship's systems. Potential risk of impacts to marine mammals and sea turtles in summer is highest offshore of Norfolk and Pensacola and lowest offshore of Mayport. The Norfolk and Mayport locations are not considered environmentally acceptable during October through April due to the migratory patterns and presence (abundance) of the North Atlantic right whale. Endangered marine species are not likely to be adversely affected by the preferred alternative to conduct the proposed shock trial offshore of Mayport in the summer. All other aspects of the three test areas are similar. Based on the Navy's overseas deployment requirements for the ship class and, in particular, the availability of the ship, conducting the shock trial offshore of Mayport will meet the project purpose and need, satisfy operational requirements, and minimize environmental impacts. This Record of Decision leaves the selection of primary and secondary test sites within the Mayport test area to be made based on pre-detonation aerial surveys for marine mammal and sea turtle presence. This will ensure that the final test site selected for the shock trial poses the least possible risk to the marine environment.

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 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 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 U.S. Army Corps of Engineers (USACE), Wilmington District, Wilmington Regulatory Field Office has received a 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 the Town of Topsail Beach to conduct a one-time interim beach fill project to protect oceanfront development and infrastructure until such time that a federally authorized shore protection project can be implemented. While federal budget priorities have made it difficult to obtain funds for civil works projects in general and beach protection projects in particular, the projected earliest construction date for the federal project is 2012. A Draft General Reevaluation Report Environmental Impact Statement (GRR-EIS) has been prepared by the USACE and was released for public review and comment in June 2006 (USACE, 2006). Given the current status of the GRR-EIS and the need for Congressional authorization, funding, preparation of plans and specifications, and right-of-way acquisition, the federal project may not be implemented until Fiscal Year 2012, or possibly later. Accordingly, the Town would like to construct an interim project to protect its development and infrastructure during the period between now and the time the federal project is constructed. In order to account for any possible delays in the construction of the federal project, a construction date of 2016 was used in the development of the alternatives and economic analysis for the interim project. This would maintain the baseline conditions described in the Draft GRR and EIS.

The U.S. Army Corps of Engineers (USACE), Detroit District, is issuing this notice to announce the availability of an Information Bulletin for a proposed Replacement Lock, Sault Locks Complex, Sault Sainte Marie, MI. This bulletin provides information on the National Environmental Policy Act (NEPA) review of the project that was presented in the Great Lakes Connecting Channels and Harbors Final Interim Feasibility Report and Environmental Impact Statement (EIS), 1986 and a Record of Environmental Consideration, 2000. Based upon the review of current site conditions and project plans, it appears that no new environmental impacts or issues have been identified since the 1986 FEIS and the 2000 Record of Environmental Consideration for the project. The planned construction of a second large lock at Sault Sainte Marie, MI, has been adequately assessed in accordance with NEPA and a Record of Decision (ROD) should be signed to allow construction to begin. The Bulletin is being provided for information and to solicit comments on any changed conditions or anticipated impacts that may effect the decision to sign the ROD.

The Department of the Army is proposing to add a system of records to its existing inventory of records systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended.

The Department of the Army 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.

The Department of the Army is deleting five 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 Department of the Army 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.

The National Security Agency/Central Security Service is proposing to amend an exempt system of records in its existing inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended.

The Department of the Army 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.

The Department of the Army 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.

The Department of the Army 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.

The Department of the Army 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.

The Department of the Army 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.

The Department of the Army announces the availability of the Final SPEIS for the growth and realignment of the U.S. Army to support operations in the Pacific Theater. Pursuant to the National Environmental Policy Act (NEPA), the Department of the Army has prepared a Final SPEIS that evaluates the potential environmental and socioeconomic effects associated with alternatives for implementing the growth and realignment of the Army's forces to support operations in the Pacific Theater. Potential impacts have been analyzed in the Final SPEIS at installations that are capable of supporting operations in the Pacific Theater.

The Office of the Secretary of Defense is adding a new 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.

DoD has issued an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to address requirements for complying with export control laws and regulations when performing DoD contracts. The rule recognizes contractor responsibilities to comply with existing Department of Commerce and Department of State regulations. The rule adds two new clauses to be used when export- controlled items, including information or technology, are expected to be involved in the performance of a contract, or when there is a possibility that export-controlled items, including information or technology, may come to be involved during the period of performance of the contract.

The Office of the Secretary of Defense proposes to alter a system of records to its inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended.