Department of Defense February 2009 – Federal Register Recent Federal Regulation Documents

This notice of availability announces the public release of the Draft Comprehensive Plan and Integrated Programmatic Environmental Impact Statement (EIS) for the Mississippi Coastal Improvements Program (MsCIP), Jackson, Harrison, and Hancock Counties, MS. The Mobile District, U.S. Army Corps of Engineers (Corps) published in the Federal Register, August 9, 2006, (71 FR 45537) a Notice of Intent to Prepare a Draft EIS to address the potential impacts associated with actions to comprehensively address hurricane and storm damage reduction, prevention of saltwater intrusion, preservation of fish and wildlife, prevention of erosion, and other related water resource purposes in coastal Mississippi. These actions are related to the consequences of hurricanes in the Gulf of Mexico in 2005. The Corps will forward recommendations to Congress as authorized by the Department of Defense Appropriations Act, 2006 (Pub. L. 109-148) dated December 30, 2005. The tentatively selected comprehensive plan elements for construction include ecosystem restoration of the barrier islands, mainland beaches, and sites at Admiral Island, Turkey Creek, Dantzler, Bayou Cumbest, Franklin Creek, Deer Island, and submerged aquatic vegetation in Bayou Cumbest which will restore approximately 3,210 acres of emergent tidal marsh, wet pine savannah, scrub/shrub, submerged aquatic vegetation, and beach and dune habitats. In conjuction with the ecosystem restoration efforts, the Draft Comprehensive Plan/Integrated Programmatic EIS recommends tentatively selected flood damage reduction elements, including Forrest Heights Levee, High Hazard Area Risk Reduction Plan Phase I, Waveland Flood Proofing Pilot Projects, and Moss Point Municipal Facility relocation. The EIS will be used as a basis for ensuring compliance with the National Environmental Policy Act (NEPA).

The U.S. Army Corps of Engineers (COE), Wilmington District, Wilmington Regulatory Division is issuing this notice to advise the public that a State of North Carolina funded Draft Environmental Impact Statement (DEIS) will be prepared for the improvement of US 64 to a multilane facility, and replacement of the Lindsey C. Warren bridge in Tyrrell and Dare Counties, North Carolina (TIP Projects R-2544 and R- 2545).

The U.S. Marine Corps is proposing to alter 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 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 Defense Finance and Accounting Service (DFAS) is proposing to add a system of records notice to its inventory of record systems subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended.

The Department of Air Force proposes to amend 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.

The purpose for this Request For Information (RFI) is to identify (1) near-term industry solutions that could provide the Department of Defense (DoD) the capability to rapidly deliver military capabilities via space, and (2) long-term advanced space transport concepts that could evolve from near-term capabilities. Interested sources should provide a white paper describing current space transport technologies and capabilities, and commercial visions for future capabilities that are projected to evolve from those current space transport technologies. The vision in the white paper should be tailored towards the interests of the U.S. Government that are outlined in the questions listed below. In order to clarify the DoD's need in this area and to develop a technology assessment for these capabilities, the National Security Space Office (NSSO) and Headquarters, Air Force Security Forces Center (HQ AFSFC) are co-hosting a Technology Forum for the Rapid Delivery of Military Capabilities via Space on 24-26 Feb 2009 at Lackland Air Force Base, San Antonio, TX. This Technology Forum is open to all industry, U.S. Government, and military interested in assisting in the development of a technology assessment for this capability. This RFI is being released prior to the Technology Forum in order to help generate thought for discussion at the event. Responses are due 15 Mar 09, after the Technology Forum, so the combination of this solicitation and the events at the Technology Forum will help to refine responses. The concept of Rapid Delivery of Military Capabilities via Space was based initially on the Marine Corps' Small Unit Space Transport and Insertion (SUSTAIN) concept which would provide the Joint Force Commander (JFC) the capacity to rapidly transport operationally relevant capabilities to any point on the globe, effectively instantaneously. The SUSTAIN capability spans the full spectrum of conflict, from strategic Special Forces employment to a full range of specialized manned and unmanned warfighting payloads. The formal need for a SUSTAIN capability is documented in the Marine Corps SUSTAIN Universal Need Statement dated 22 July 2002, and the USSOCOM Space Enabling Concept dated 25 March 2004.

On December 10, 2008, DoD published a final rule implementing the TRICARE Hospital Outpatient Prospective Payment System (OPPS), with an effective date of February 9, 2009 (73 FR 74945). Since that date, DoD has determined that in order for administrative claims processing procedures to be fully in place to implement effectively the new OPPS payments, TRICARE's OPPS will begin to apply to health care services provided on or after May 1, 2009. In the meantime, a memorandum of January 20, 2009, from the Assistant to the President and Chief of Staff, entitled ``Regulatory Review,'' published in the Federal Register on January 26, 2009, calls for agencies to consider delaying effective dates of rules not yet effective and inviting new public comment. In view of both of these developments, the Department is delaying the effective date of TRICARE's OPPS until May 1, 2009, and is inviting additional public comment on the final rule. Any timely public comments received will be considered and any changes to the final rule will be published in the Federal Register.

The Department of the Navy (Navy), after carefully weighing the operational and environmental consequences of the proposed action, announces its decision to upgrade carrier berthing (Berth LIMA) at Naval Air Station (NAS) North Island to comply with current nuclear- powered aircraft carrier (CVN) facility requirements. The minor infrastructure improvements include construction of: A fender system, mooring bollards, security building, and antiterrorism (AT)/force protection (FP) improvements, as well as the installation of information systems, electrical and mechanical utility upgrades, paving, drainage, and site improvements. In addition, the Navy announces its intent to implement additional vehicular traffic mitigation measures to address new facts and circumstances relevant to traffic. Although the 2008 Traffic Study included in the 2008 Final Supplemental Environmental Impact Statement (SEIS) shows that direct traffic impacts have not changed significantly since they were studied in the 1999 Final Environmental Impact Statement (FEIS), additional traffic mitigation measures minimize the cumulative effects of vehicular traffic when three homeported aircraft carriers are simultaneously in port.

In accordance with Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Office of the Assistant Secretary of Defense for Health Affairs 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 extension of 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 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 accordance with Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Office of the Assistant Secretary of Defense for Health Affairs 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 extension of 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 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.