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

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 inventions listed below are assigned to the United States Government as represented by the Secretary of the Navy. U.S. Patent No. 7,515,096: Program to Generate an Aircrew Display Aid to Assess Jam Effectiveness, Navy Case No. 98911//U.S. Patent No. 7,511,657: Aircrew Display Aid to Assess Jam Effectiveness, Navy Case No. 98910//U.S. Patent application Serial Number 12/040,412: Dynamic Replanning Algorithm for Aircrew Display Aid to Assess Jam Effectiveness, Navy Case No. 99021, filed on February 29, 2008//U.S. Patent application Serial Number 12/040,452: Method for Using a Dynamic Mission Replanning Algorithm as an Aid to Assess Jam Effectiveness, Navy Case No. 99022, filed on February 29, 2008//U.S. Patent application Serial Number 12/ 417,301: Program to Generate an Aircrew Display Aid to Assess JAM Effectiveness, Navy Case No. 99810, filed on September 12, 2007.

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 previously approved information collection requirement concerning Patents. This OMB clearance currently expires on May 31, 2010.

The National Security Agency hereby gives notice of its intent to grant the University of Maryland a revocable, non-assignable, exclusive license to practice the following Government-Owned invention as described in U.S. Provisional Patent Application Serial No. 61/ 119,848 entitled: ``RF Power Harvesting Circuit Design,'' filed 04 December 2008, and any related non-provisional patent application and all Letters Patent issuing thereon, and any continuation, continuation- in-part or division of said non-provisional patent application and any reissue or extension of said Letters Patent, in the field of RF Power Harvesting Technologies. The above-mentioned invention is assigned to the United States Government as represented by the National Security Agency.

This document makes amendments to the Federal Acquisition Regulation in order to make editorial changes.

The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are issuing a final rule amending the Federal Acquisition Regulation (FAR) to permit the contractor to measure accrued PRB costs using either the criteria in Internal Revenue Code (IRC) 419 or the criteria in Financial Accounting Standard (FAS) 106.

The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are issuing a final rule amending the Federal Acquisition Regulation (FAR) to require Internet Protocol Version 6 (IPv6) compliant products be included in all new information technology (IT) acquisitions using Internet Protocol (IP). IP is one of the primary mechanisms that define how and where information moves across networks. The widely-used IP industry standard is IP Version 4 (IPv4). The Office of Management and Budget (OMB) Memorandum M-05-22, dated August 2, 2005, requires all new IT procurements, to the maximum extent practicable, to include IPv6 capable products and standards.

The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (the Councils) are issuing a final rule amending the Federal Acquisition Regulation (FAR) to delete FAR Subpart 22.16 and the corresponding clause at FAR 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees, which implemented Executive Order (E.O.) 13201 of February 17, 2001, of the same title. E.O. 13201 required contractors to post a notice informing employees of their rights concerning payment of union dues or fees and detailed that employees could not be required to join unions or maintain membership in unions to retain their jobs. E.O. 13201 was revoked by E.O. 13496 of January 30, 2009, Notification of Employee Rights Under Federal Labor Laws.

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 a reinstatement of a previously approved information collection requirement concerning economic price adjustment. A request for public comments was published in the Federal Register at 74 FR 27025, on June 5, 2009. No comments were received. 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.

This agenda provides summary descriptions of regulations being developed by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council in compliance with Executive Order 12866 ``Regulatory Planning and Review.'' This agenda is being published to allow interested persons an opportunity to participate in the rulemaking process.

The Defense Threat Reduction Agency proposes to amend a system of records notices in its existing inventory of record systems subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended.

The Alaska District, U.S. Army Corps of Engineers (Corps) intends to prepare a Draft Environmental Impact Statement (DEIS) to identify and analyze the potential impacts associated with the construction of the proposed Alaska Stand Alone Pipeline (ASAP) natural gas transportation pipeline. The Corps is the lead federal agency and the Bureau of Land Management (BLM), National Park Service (NPS) and Environmental Protection Agency (EPA) are participating as cooperating agencies in the DEIS development process. The Environmental Impact Statement (EIS) will be used as a basis for the Corps permit decision and to ensure compliance with the National Environmental Policy Act (NEPA). The Corps will be evaluating a permit application for work under Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Because ASAP would require decisions and actions by other federal agencies (such as right-of-way grants and other permits), this DEIS will also fulfill the NEPA responsibilities of those federal agencies.

The Defense Logistics Agency is proposing to amend 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.

Under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the Regulatory Secretariat (MVPR) will be submitting to the Office of Management and Budget (OMB) a request to review and approve a reinstatement of a previously approved information collection requirement concerning Price Redetermination. A notice published in the Federal Register at 74 FR 27023, on June 5, 2009. No comments were received.

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 a reinstatement of a previously approved information collection requirement concerning Contractor Use of Interagency Motor Pool Vehicles.

The Department of Defense is publishing the unclassified text of two section 36(b)(1) arms sales notifications. They are published to fulfill the requirements of section 155 of Public Law 104-164, dated 21 July 1996.

The Department of Defense is withdrawing the final rule published on October 29, 2009 (74 FR 55782-55783), which claimed existing exemptions for the Defense Logistics Agency Freedom of Information Act/Privacy Act Requests and Administrative Appeal Records when an exemption had been previously claimed for the records in another Privacy Act system of records.