Department of Defense 2008 – Federal Register Recent Federal Regulation Documents

DoD has adopted as final, with changes, an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement Section 1017 of the National Defense Authorization Act for Fiscal Year 2007. Section 1017 requires DoD to establish an evaluation criterion, for use in obtaining carriage of cargo by vessel, that considers the extent to which an offeror has had overhaul, repair, and maintenance work for covered vessels performed in shipyards located in the United States or Guam.

DoD has issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to address review and documentation requirements pertaining to the use of time-and-materials contracts for the acquisition of non-commercial services. The rule provides for the same level of review for both commercial and non- commercial DoD time-and-materials contracts.

The CNO Executive Panel will report on the findings and recommendations of the Subcommittee ``The Navy & The Nation'' to the Chief of Naval Operations. The matters to be discussed during the meeting are: Campbell-Ewald Advertising contract, Branding project, and marketing & recruiting methods; CNO's Engagement and long-range schedule. Each topic under each of these headings relates solely to the internal personnel rules and practices of the agency; discloses privileged/confidential trade secrets, commercial, and financial information; pertains to the CNO's classified ``SECRET'' long-range schedule, and discusses information the premature disclosure of which would be likely to significantly frustrate the fair bidding process for a major DON contract which makes this information exempt from open meeting disclosure pursuant to 5 U.S.C. sections 552b(c)(1) and (4).

Under the provisions of the Federal Advisory Committee Act of 1972 (5 U.S.C., Appendix, as amended) and the Government in the Sunshine Act of 1976 (U.S.C. 552b, as amended), the Department of Defense announces the following Federal Advisory Committee Meeting of the Uniform Formulary Beneficiary Advisory Panel (hereafter referred to as the Panel).

This notice sets forth the schedule and summary agenda for the fall meeting of the Board of Visitors (BoV) for the Western Hemisphere Institute for Security Cooperation (WHINSEC). Notice of this meeting is required under the Federal Advisory committee Act (Pub. L. 92-463). The Board's charter was renewed on January 25, 2008 in compliance with the requirements set forth in Title 10 U.S.C. 2166. Date: Friday, December 5, 2008. Time: 8 a.m. to 3 p.m. Location: WHINSEC, 35 Ridgeway Loop, Room 219, Fort Benning, GA. Proposed Agenda: The WHINSEC BoV will be briefed on activities at the Institute since the last Board meeting on June 4, 2008 as well as receive other information appropriate to its interests.

The Conveyance and Seepage Control Features (CSCF) project is part of the Modified Water Deliveries to Everglades National Park Project and is authorized by the 1992 General Design Memorandum and Environmental Impact Statement titled Central and Southern Florida Project for Flood Control and Other Purposes Modified Water Deliveries to Everglades National Park. The project will address potential features of the L-67A and L-67C levees, the L-67A Borrow Canal, and the L-29 Levee. The L-67A and L-67C Levees prevent overland flow from Water Conservation Area (WCA) 3A to WCA 3B and are located in north-central Miami-Dade County, FL. The purpose of this project is to improve conveyance through the L-67A and L-67C Levees to allow water to flow from WCA 3A to WCA 3B. The Corps proposes to add conveyance structures to the L-67A Levee, as well as plugs to the L-67A Borrow Canal with a boat channel through the middle of each plug. The proposed modifications for L-67C Levee include gaps through the levee. The L-29 Levee may have to be modified as a result of increased conveyance through the L-67A and L-67C Levees.

In accordance with Section 5018(b) of the Water Resources Act of 2007, announcement is made of the following committee meeting: Name of Committee: Missouri River Recovery Implementation Committee. Date: December 16-18, 2008. Time: 8 a.m.-7 p.m. (December 16, 2008). 8 a.m.-7 p.m. (December 17, 2008). 7 a.m.-1 p.m. (December 18, 2008). Place: Doubletree Hotel Downtown, Omaha, NE 68102.

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 review and edit the second draft of the 2008 Report, review findings, and vote on recommendations. The meeting is open to the public, subject to the availability of space.

The Department of the Air Force proposes to alter a system of records notice to its inventory of records 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 Defense Health Board (hereafter referred to as the Board). The Board is a discretionary federal advisory committee established by the Secretary of Defense to provide the Department of Defense provide the Secretary of Defense, through the Assistant Secretary of Defense for Health Affairs and the Under Secretary of Defense for Personnel and Readiness, independent advice and recommendations on matters pertaining to operational programs, policy development, and research programs and requirements for the treatment and prevention of disease and injury, the promotion of health and the delivery of efficient, effective, and high quality health care services to Department of Defense beneficiaries. The Board shall be composed of not more than thirty members, who are eminent authorities within their respective disciplines related to clinical health care, disease and injury prevention, and health care delivery and administration. The Secretary of Defense, unless otherwise directed by statute, shall approve the appointment of all Board Members and Subcommittee Members, to include regular government employees. Board Members and Subcommittee 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, and serve as special government employees. The appointment of Board Members and Subcommittee Members, unless otherwise directed by statute, shall be reviewed on an annual basis by the Secretary of Defense, and no Board Member or Subcommittee Member shall serve more than four years on the Board. Board Members and Subcommittee Members, unless otherwise directed by statute or as determined by the Secretary of Defense, shall, with the exception of travel and per diem for official travel, serve without compensation. The Secretary of Defense may appoint regular government officers or employees as Board Members or Subcommittee Members depending upon the individual's qualification or position within the Department of Defense. Regular government employees, who serve on the Board due to their position within the Department of Defense, shall be exempt from annual renewal as long as the Secretary of Defense continues the ex officio status of that position on the Board. The Secretary of Defense, based upon the recommendations of the Under Secretary of Defense for Personnel and Readiness or designated representatives, shall appoint the President of the Board from the Board membership. The Under Secretary of Defense for Personnel and Readiness, prior to his recommendation, may consult the Board membership. No Board Member shall serve more than two consecutive 2- year terms of service as Board President. Regular government officers or employees who participate in the Department of Defense's decision making process for this Board are prohibited from serving as Board Members or Subcommittee Members. 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 Defense Health 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.

In order to establish a stable, sandy beach seaward of the Sheraton Waikiki Hotel, its owners propose to construct three T-head groins extending seaward from the existing seawall which defines the hotel property boundary. They propose to pump sand from nearby marine deposits and place it between the groins to form a protected beach. The proposed project site, which is within the State of Hawai'i Conservation District, would remain state-owned. The project site is located within the navigable waters of the United States and the proposed activity is subject to the regulatory jurisdiction of the U.S. Army Corps of Engineers.

This amended notice provides information regarding the properties that have been determined surplus to the United States needs in accordance with the Defense Base Closure and Realignment Act of 1990, Public Law No. 101-510, as amended, and the 2005 Base Closure and Realignment Commission Report, as approved, and following screening with Federal agencies and Department of Defense components. This Notice amends the Notice published in the Federal Register on May 9, 2006 (71 FR 26930).

Under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the Regulatory Secretariat will be submitting to the Office of Management and Budget (OMB) a request to review and approve an extension of a currently approved information collection requirement concerning the Davis-Bacon Act price adjustment (actual method). 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.

In November 2007, the U.S. Army Corps of Engineers, Los Angeles District, Regulatory Division (Corps) in coordination with the Los Angeles Harbor Department (LAHD) completed and published a joint Final Environmental Impact Statement/Environmental Impact Report (EIS/ EIR) for the Berths 136-147 [TraPac] Container Terminal Project (Project) in the Port of Los Angeles. The Corps is currently processing a permit application submitted by the LAHD to undertake various activities and construct structures in and over navigable waters and waters of the United States associated with the Project. Issuance of a Corps permit is a Federal action, which must comply with the air quality conformity requirements specified in section 176(c) of the Clean Air Act. An addendum to the Final EIS (Addendum) has been prepared that revises the conformity statement included in section 3.2 of the Final EIS and incorporates the Draft General Conformity Determination, as Appendix O to the Final EIS, for the Federal action associated with the Project. The general conformity regulations (40 CFR Part 93 Subpart B) allow general conformity determinations to be included in an EIS, but inclusion of these determinations is not required and can be separately noticed. The Addendum and General Conformity Determination are available for public review during the next 30 days at the Los Angeles Harbor Department, 425 South Palos Verdes Street, San Pedro, California, on the Port's Web site: https://www.portoflosangeles.org, and on the Corps' Web site: https://www.spl.usace.army.mil/regulatory/ POLA.htm (scroll down to the links under TraPac Project). In addition, they are available at the following libraries: L.A. Public Library, Central Branch, 630 West 5th Street, Los Angeles, California; L.A. Public Library, San Pedro Branch, 921 South Gaffey Street, San Pedro, California; and L.A. Public Library, Wilmington Branch, 1300 North Avalon, Wilmington, California. Any comments received by the Corps on the Addendum and Draft General Conformity Determination during the next 30 days will be considered fully before the Corps makes a Final General Conformity Determination and finalizes the Record of Decision (ROD) for the Federal action associated with the Project. The Corps will publish a notice of a Final General Conformity Determination in the Federal Register within 30 days of rendering a final decision. The public can request from the Corps copies of the ROD, which includes responses to comments on the Final EIS, Addendum, and Draft General Conformity Determination, following publication of a Final General Conformity Determination and upon execution of the ROD.

This document summarizes the Federal Acquisition Regulation (FAR) rule agreed to by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council in this Federal Acquisition Circular (FAC) 2005-29. A companion document, the Small Entity Compliance Guide (SECG), follows this FAC. The FAC, including the SECG, is available via the Internet at https://www.regulations.gov.

The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have agreed on a final rule amending the Federal Acquisition Regulation (FAR) to require certain contractors and subcontractors to use the E-Verify system administered by the Department of Homeland Security, U.S. Citizenship and Immigration Services, as the means of verifying that certain of their employees are eligible to work in the United States.

The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have agreed on a final rule amending the Federal Acquisition Regulation (FAR) to amplify the requirements for a contractor code of business ethics and conduct, an internal control system, and disclosure to the Government of certain violations of criminal law, violations of the civil False Claims Act, or significant overpayments. This final rule implements Pub. L. 110- 252, Title VI, Chapter 1.

This document summarizes the Federal Acquisition Regulation (FAR) rule agreed to by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council in this Federal Acquisition Circular (FAC) 2005-28. A companion document, the Small Entity Compliance Guide (SECG), follows this FAC. The FAC, including the SECG, is available via the Internet at https://www.regulations.gov.

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 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 Department of the Air Force 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.

The Department of the Air Force proposes to add a system of records notice to its inventory of records systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended.

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.

The Office of the Secretary of Defense 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.

This notice provides the updated regional per diem rates for low volume mental health providers; the update factor for hospital- specific per diems; the updated cap per diem for high-volume providers; the beneficiary per diem cost share amount for low-volume providers; and, the updated per diem rates for both full-day and half-day TRICARE Partial Hospitalization Programs for FY 2009.