Department of Defense 2008 – Federal Register Recent Federal Regulation Documents

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 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 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 altering 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 Office of the Secretary of Defense is proposing to alter 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 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.

This action removes 32 CFR Part 578, Decorations, Medals, Ribbons, and Similar Devices. The Department of the Army has determined that the rules prescribing policy and criteria for military awards and the administrative instructions for processing military awards are not required to be published in the Code of Federal Regulations (CFR) because they are not generally applicable and have no legal effect per 44 U.S.C. 1505.

Announcement is made of the availability for licensing of the invention set forth in U.S. Provisional Patent Application Serial No. 61/102,910 entitled ``Medical Tube Securing Device,'' filed October 6, 2008. The United States Government, as represented by the Secretary of the Army, has rights in this invention.

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 First Technology Safety Systems, Inc., a business entity of Michigan, having a place of business at 47460 Galleon Drive, Plymouth, Michigan 48170, an exclusive license in any right, title and interest the Air Force has in: U.S. Patent No. 7,204,165 issued April 17, 2007, entitled ``Anthropomorphic Manikin Head Skull Cap Load Measurement Device'' by John A. Plaga et al., as well as other related know-how.

The U.S. Naval Academy Board of Visitors will meet to make such inquiry, as the Board shall deem necessary into the state of morale and discipline, the curriculum, instruction, physical equipment, fiscal affairs, and academic methods of the Naval Academy. The meeting will include discussions of personnel issues at the Naval Academy, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. The executive session of this meeting will be closed to the public.

Pursuant to 10 U.S.C. 9355, the U.S. Air Force Academy (USAFA) Board of Visitors (BoV) will meet in the Russell Senate Office Building, Room 236, Washington, DC, on 20 November 2008. The meeting session will begin at 9 a.m. 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 a portion 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 one portion 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.

Pursuant to the provisions of Part 404 of Title 37, Code of Federal Regulations, which implements Public Law 96-517, as amended, the Department of the Air Force announces its intention to grant Eclipse Composites Engineering, LLC, a corporation of Utah, having a place of business at 5715 West Frolic Court, Herriman, UT 84096-1730, an exclusive license in any right, title and interest the United States Air Force has in: U.S. Patent Application No. 12/231,420, filed on August 26, 2008, entitled ``Antenna for Compact Satellite Terminal'' by David J. Legare and David M. Hummel, both as co-inventors.

The Department of Defense has published Phase II Interim Final Business Rules for the Families First Personal Property Program in the Defense Transportation Regulation (DTR) Part IV (DTR 4500.9-R). These Phase II Business Rules were made available for public comment under a Federal Register Notice that published on April 1, 2008 (73 FR 17327). All comments have been reviewed and disposition is located on the USTRANSCOM Web site at https://www.transcom.mil/j5/pt/dtr_part_iv.cfm.

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

Pursuant to section 102(2)(c) of the National Environmental Policy Act (NEPA) of 1969, as implemented by the Council on Environmental Quality regulations (40 CFR parts 1500-1508), the U.S. Army Corps of Engineers, New England District (Corps) announces its intent to prepare an Environmental Impact Statement (EIS) to evaluate a proposed establishment of passenger rail service between Boston and New Bedford/Fall River, MA. The Massachusetts Executive Office of Transportation and Public Works (EOT) has submitted an application for a Department of the Army permit to discharge fill material into waters of the United States (U.S.), ranging in area from less than one acre to approximately eight acres (depending on the alternative selected), including wetlands, incidental to the establishment of the passenger rail service. The EOT has stated that the purpose of their proposed project is to more fully meet the existing and future demand for public transportation between Fall River/New Bedford and Boston, MA, and to enhance regional mobility, while supporting smart growth planning and development strategies in the affected communities. The cities of Taunton, Fall River, and New Bedford are the only cities within 50 miles of Boston that are not currently served by passenger rail. The EIS will also be prepared with the intent to serve as a joint Massachusetts Environmental Policy Act (MEPA) and NEPA document that will comply with the procedural requirements of both state and federal law and serve as a combined EIS/Environmental Impact Report (EIR). The MEPA review will be conducted simultaneously with the NEPA process. The EIS/EIR will evaluate a range of alternative transit routes to determine the Least Environmentally Damaging Practicable Alternative (``LEDPA''), in accordance with the U.S. Environmental Protection Agency Guidelines for Specification of Disposal Sites for Dredged or Fill Material (40 CFR Part 230). Alternative routes presently identified include four principal rail routes: (1) The ``Attleboro Alternative'', (2) the ``Stoughton Alternative'', (3) the ``Middleborough Alternative'', and (4) the ``Attleboro-Middleborough Hybrid Alternative''. A fifth alternative is a Rapid Bus Alternative using modified highway infrastructure. A No Build/Transportation Surface Management alternative will also be evaluated. Public scoping may identify other alternatives for evaluation in the EIS/EIR.

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. paragraph 552b, as amended), and 41 CFR paragraph 102-3.150, the Department of Defense announces the following Federal Advisory Committee meetings of the U.S. Nuclear Command and Control System Comprehensive Review Advisory Committee will take place.

Pursuant to section (102)(2)(c) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(c)), as implemented by the Council on Environmental Quality Regulations (40 CFR parts 1500-1508), the Department of the Navy announces its intent to prepare an Environmental Impact Statement (EIS) to study alternatives for meeting Marine Corps Marine Expeditionary Brigade (MEB) sustained, combined arms, live-fire and maneuver training requirements. The proposed action is to request the withdrawal of federal public lands, acquire state and privately owned lands, and to seek the establishment of Special Use Airspace with the effect of expanding the Marine Corps Air Ground Combat Center (MCAGCC), Twentynine Palms, California. The Department of the Navy will prepare the EIS in cooperation with the Bureau of Land Management and Federal Aviation Administration.

The Department of the Navy amends its rules to update existing sections relating to the authority and procedures to designate trustees for Navy and Marine Corps service members who have been determined to be mentally incompetent pursuant to 37 U.S.C. Chapter 11. The amendments will comport with current policy reflected in Chapter XIV of the Manual of the Judge Advocate General (JAGMAN).

The Department of the Navy hereby gives notice of its intent to grant to Vista Leak Detection, Inc., a revocable, nonassignable, exclusive license to practice in the field of use of tank leak detection for industrial markets in the United States and certain foreign countries, for the Government-owned invention described in U.S. Patent No. 7,143,634 and 7,143,635 and any continuations, divisionals or re-issues thereof.

DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to address requirements for the protection of human subjects involved in research projects. The proposed rule contains a clause for use in contracts that include or may include research involving human subjects.

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 GEORGE H. W. BUSH (CVN 77) 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, as implemented by the Council on Environmental Quality regulations (40 CFR Parts 1500-1508), the Department of the Navy (DON) announces its intent to prepare an Environmental Impact Statement (EIS) to evaluate the potential environmental consequences of the disposal and reuse of NAS Brunswick, Maine, per Public Law 101-510, the Defense Base Closure and Realignment Act of 1990, as amended in 2005 (BRAC Law). Potential impacts associated with reuse of NAS Brunswick, including changes in aviation, housing, school system, traffic patterns, and environmental remediation will be evaluated and will contribute to the alternatives considered.

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 terminating the United States European Command Senior Advisory Group as of September 30, 2008. The United States European Command Senior Advisory Group is a discretionary federal advisory committee that is being terminated pursuant to section 906(b) of Public Law 110-181.

This notice announces the appointment of members to the Defense Information Systems Agency (DISA) Performance Review Board. The Performance Review Board provides a fair and impartial review of Senior Executive Service (SES) Performance appraisals and makes recommendations to the Acting Director, Defense Information Systems Agency, regarding final performance ratings and performance awards for DISA SES members.