Department of Defense 2008 – Federal Register Recent Federal Regulation Documents

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) of the Navy has determined that USS DWIGHT D. EISENHOWER (CVN 69) is a vessel of the Navy which, due to its special construction and purpose, cannot comply fully 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 Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the Federal Acquisition Regulation (FAR) Secretariat has submitted to the Office of Management and Budget (OMB) a request to review and approve a reinstatement of an information collection requirement concerning organization and direction of work. 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 Under Secretary of Defense (Acquisition, Technology, and Logistics) is waiving the limitation of 10 U.S.C. 2534 for certain defense items produced in the United Kingdom (UK). 10 U.S.C. 2534 limits DoD procurement of certain items to sources in the national technology and industrial base. The waiver will permit procurement of enumerated items from sources in the UK, unless otherwise restricted by statute.

The U.S. Marine Corps is proposing to add a new 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 Defense Logistics Agency 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.

Pursuant to Section 10 (a), Public Law 92-463, as amended, notice is hereby given of a forthcoming meeting of the Department of Defense Military Family Readiness Council (MFRC). The purpose of the Council meeting is to review the Council's Charter, review the status of warrior care, and address selected concerns of military family organizations.

Section 342(b) of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 1995, as amended (10 U.S.C. 2358 note) by section 1109 of NDAA FY 2000 and section 1114 of NDAA FY 2001, authorizes the Secretary of Defense to conduct personnel demonstration projects at DoD laboratories designated as Science and Technology Reinvention Laboratories (STRLs). The above-cited statute authorizes the Department to conduct demonstration projects to determine whether a specified change in personnel management policies or procedures would result in improved Federal personnel management. Section 1107 of the NDAA for FY 2008 requires the Secretary of Defense to take all necessary actions to fully implement and use the authorities provided under section 342(b) of the NDAA for FY 1995, as amended (10 U.S.C. 2358 note) by section 1109 of the NDAA for FY 2000 and section 1114 of the NDAA for FY 2001, to include executing a process and implementation plan to fully utilize the authorities to enhance the performance of the missions of the laboratories. Further, subsection 1107(c) authorizes that any flexibility available to any demonstration laboratory shall be available for use at any other laboratory as enumerated in subsection 9902(c)(2) of title 5, United States Code. This Federal Register notice (FRN): 1. Serves as an amendment to add subsection 1107(c) authority to the STRL Personnel Management Demonstration Project final FRNs that were published prior to the date of this FRN; 2. Serves as notice pursuant to subsection 1107(c) that the three STRLs listed in subsection 9902(c)(2) not having personnel demonstration projects at this time may adopt any of the flexibilities of the other laboratories listed in subsection 9902(c)(2); 3. Provides a basic process to adopt flexibilities, make minor changes, and/or request Federal Register notices; and 4. Serves as notice of the proposed adoption of a STRL Personnel Management Demonstration Project by two centers under the United States Army Research, Development and Engineering Command (RDECOM): Edgewood Chemical Biological Center (ECBC) and Natick Soldier Research, Development and Engineering Center (NSRDEC).

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 Authority (LRA) for SGT Joseph E. Muller USARC, New York recognized by the Secretary of Defense, acting through the Department of Defense Office of Economic Adjustment (OEA), as well as the point of contact, address, and telephone number for the LRA for this installation. Representatives of state and local governments, homeless providers, and other parties interested in the redevelopment of the 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 the 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.

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) of the Navy has determined that USS LOUISVILLE (SSN 724) is a vessel of the Navy which, due to its special construction and purpose, cannot comply fully 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.

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.