Department of Defense November 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), the Department of the Navy (Navy) has prepared and filed with the U.S. Environmental Protection Agency (EPA) a Draft Environmental Impact Statement (EIS) which evaluates the potential environmental consequences of providing access between the Laurelwood housing area at Naval Weapons Station (NWS) Earle and an adjacent state primary or secondary road. The requirement for this access is a stipulation within the lease agreement between the Navy and the developer of Laurelwood that requires the Navy to provide unimpeded access to the property in 2010. This developer may construct necessary road improvements to obtain access and rent any housing units to the general public through the year 2040. A Notice of Intent for this EIS was published in the Federal Register on November 9, 2007 (72 FR 63562). The Navy will conduct a public hearing to receive oral and written comments on the Draft EIS. Federal agencies, state agencies, local agencies, and interested individuals are invited to be present or represented at the public hearings. This notice announces the date and location of the public hearing for this Draft EIS.

The U.S. Army Corps of Engineers, Los Angeles District (Corps), and the City of Los Angeles amend the notice published in the Federal Register on February 6, 2006 (71 FR 6058), which announced the Corps' intent to prepare a Programmatic Draft Environmental Impact Statement/Environmental Impact Report for the Los Angeles River Ecosystem Restoration Study, Los Angeles County, CA. This amendment to the notice revises the February 6, 2006 notice to announce the Corps' intent to prepare a joint Feasibility Study/Environmental Impact Statement/Environmental Impact Report (FS/EIS/EIR) for the Los Angeles River Ecosystem Restoration Feasibility Study that will identify and evaluate site specific opportunities for ecosystem restoration. The study proposes to consider a range of activities to restore riparian and aquatic habitat, and related habitat functions, in and adjacent to the Los Angeles River, which will benefit wildlife and sensitive species.

In accordance with 37 CFR 404.6, announcement is made of the availability for licensing of U.S. Patent No. U.S. 7,448,941 entitled ``Apparatus and Method to Test Abrasion Resistance of Material Using Airborne Particulate'' issued November 11, 2008. This patent has been assigned to the United States Government as represented by the Secretary of the Army.

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 Veterans' Advisory Board on Dose Reconstruction (hereafter referred to as the Board). The Board is a non-discretionary federal advisory committee established by Section 601(c) of Title VI of Public Law 108-183. The Board provides review and oversight of the Radiation Dose Reconstruction Program, and makes such recommendations on modifications in the mission or procedures of the Radiation Dose Reconstruction Program as it considers appropriate as a result of the audits conducted under the authority of Section 601(c)(3)(A) of Title VI of Public Law 108-183. Specifically, the Board shall 1. Conduct periodic, random audits of dose reconstructions under the Radiation Dose Reconstruction Program and of decisions by the Department of Veterans Affairs on claims for service connection of radiogenic diseases; 2. Assist the Department of Veterans Affairs and the Defense Threat Reduction Agency in communicating to veterans information on the mission, procedures, and evidentiary requirements of the Radiation Dose Reconstruction Program; 3. Carry out such other activities with respect to the review and oversight of the Radiation Dose Reconstruction Program as the Secretary of Defense and Secretary of Veterans Affairs shall jointly specify; and 4. Make recommendations on modifications to the mission and procedures of the Dose Reconstruction Program as the Board considers appropriate as a result of the audits. The Under Secretary of Defense (Acquisition, Technology & Logistics) or designee, as well as, the Department of Veterans Affairs may act upon the Board's advice and recommendations. The Board Membership shall be composed of 1. At least one expert in historical dose reconstruction of the type conducted under the Radiation Dose Reconstruction Program; 2. At least one expert in radiation health matters; 3. At least one expert in risk communications matters; 4. A representative of the Defense Threat Reduction Agency and a representative of the Department of Veterans Affairs; and 5. At least three veterans, including at least one veteran who is a member of an atomic veterans group. Board Members appointed by the Secretary of Defense, who are not full-time federal officers or employees, shall be appointed as experts and consultants under the authority of 5 U.S.C. 3109. These individuals, serving as Special Government Employees, shall be appointed on an annual basis by the Secretary of Defense, and shall with the exception of travel and per diem for official travel, shall serve without compensation, unless otherwise authorized by the appointing authority. The Chairperson of the Board shall be selected by the sponsors, the Department of Veterans Affairs and the Defense Threat Reduction Agency. 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 Veterans' Advisory Board on Dose Reconstruction, 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.

Pursuant to 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 102-3.150, and in accordance with section 10(a)(2) of Public Law, the following meeting of the Defense Health Board (DHB) is announced:

In compliance with Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Defense Finance and Accounting Service announces the proposed extension 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.

In compliance with Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Defense Finance and Accounting Service announces the proposed extension 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.

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 extension of a currently approved information collection requirement concerning progress payments. The clearance currently expires on March 31, 2009. 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 notice of the names of members of a Performance Review Board for the Department of the Army published in the Federal Register on November 17, 2008 (72 FR 60662) has added four additional members.

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 February 28, 2009. 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 update the list of ``least developed'' countries that are designated as eligible countries under the Trade Agreements Act, in accordance with direction from the United States Trade Representative.

DoD has adopted as final, with changes, an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to update requirements for reporting of Government property in the possession of DoD contractors. The rule replaces DD Form 1662 reporting requirements with requirements for DoD contractors to electronically submit, to the Item Unique Identification (IUID) Registry, the IUID data applicable to the Government property in the contractor's possession.

The Department of the Navy published a document in the Federal Register on October 30, 2008, announcing its intent to prepare an Environmental Impact Statement for the Proposed Acquisition of Lands and Establishment of Airspace Contiguous to the Marine Corps Air Ground Combat Center, Twentynine Palms, California. The original publication contained incorrect dates.

Pursuant to the provisions of Part 404 of Title 37, Code of Federal Regulations, the Department of the Air Force announces its intention to grant Conceptual MindWorks, Inc., a business entity of Texas, having a place of business at 9830 Colonnade Blvd. Suite 377, San Antonio, Texas 78230, an exclusive license in any right, title and interest the Air Force has in: U.S. Patent No. 5,856,108 issued January 5, 1999, entitled ``Biosynthesis of Diazomelanin and Diazoluminomelanin and Methods Thereof'' by Johnathan L. Kiel et al., as well as other related know- how. U.S. Patent No. 5,902,728 issued May 11, 1999, entitled ``Diazodenitrification in Manufacture of Recombinant Bacterial Biosensors'' by Jill E. Parker et al., as well as other related know- how.

The U.S. Army Corps of Engineers, New Orleans District, Regulatory Branch has received a request for Department of the Army authorization from the Louisiana Department of Transportation and Development to construct a modern, high-speed, 4-lane arterial highway from the southern terminus of the current modern 4-lane arterial portion of LA 21 in Bush, LA to I-12 in St. Tammany Parish, a distance of between 17.4 and 21 miles. The project proposes work in wetlands and structural crossings of various waterways in the project area. The EIS will be used to ensure compliance with the National Environmental Policy Act (NEPA), to determine the least damaging, yet practicable alternative and as a basis for the permit decision.

In accordance with Section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), announcement is made of the following committee meeting: Name of Committee: Board of Visitors, Defense Language Institute Foreign Language Center, Subcommittee of the Army Education Advisory Committee. Date: December 17-18, 2008. Place of Meeting: December 17: Defense Language Institute Foreign Language Center (Monterey I Conference Room, Department of Defense Center, 400 Gigling Road, Seaside, CA 93955). December 18: Defense Language Institute Foreign Language Center (Weckerling Center, Presidio of Monterey, Monterey, CA 93944). Time of Meeting: Approximately 8 a.m. through 4:45 p.m. Board Mission: The DLIFLC Board of Visitors (BoV) is governed by the Federal Advisory Committee Act (FACA) of 1972, as amended, and is a subcommittee of the Army Education Advisory Committee (AEAC). The purpose of the DLIFLC BoV is to provide the Commandant, through the Army Education Advisory Committee, with advice on matters related to the Institute's mission, specifically: academic policies, staff and faculty development, student success indicators, curricula, educational methodology and objectives, program effectiveness, instructional methods, research, and academic administration. Board Membership: The Board is composed of 10 members.

The Department of Defense Education Activity (DoDEA) is announcing the Promoting Student Achievement at Schools Impacted by Military Force Structure Changes grant competition and requesting letters of intent and concept papers. Approximately $30 million is expected to be awarded, depending on availability of funding. The period of performance is expected to be 39 months (01 Jul 2009-30 Sept 2012). Awards will be based on military student enrollment and will range in size from $300,000 to $2,000,000, depending on the number of military students at the target schools. The Department's aim is to enhance the education of military students, but funds may be used to raise student achievement for all students at the target school(s). Projects will enhance student learning opportunities, student achievement, and educator professional development at military- connected schools that are experiencing significant military growth between 2007 and 2009 due to force structure changes based on the Report to Congress (March 2008). The Department has a priority of awarding grants to schools with low student achievement. This solicitation is open only to school districts serving 22 military installations, as shown in the list of eligible school districts below. Concept papers are expected to be reviewed in March, 2009; full proposals, in June, 2009. Awards are expected to be made on or about July 1, 2009. The Department will take into account geographic distribution and Military Service representation when making grant awards.

The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are seeking comments from both Government and industry on whether the Federal Acquisition Regulation (FAR) should be revised to include a requirement that contractors selling information technology (IT) products (including computer hardware and software) represent that such products are authentic. The Councils are also interested in comments regarding contractor liability if IT products sold to the Government, by contractors, are not authentic. Additionally, the Councils are seeking comments on whether contractors who are resellers or distributors of computer hardware and software should represent to the Government that they are authorized by the original equipment manufacturer (OEM) to sell the information technology products to the Government. Finally, the Councils invite comments on (1) whether the measures contemplated above should be extended to other items purchased by the Government; and (2) whether the rule should apply when information technology is a component of a system or assembled product.