Department of Defense January 2010 – Federal Register Recent Federal Regulation Documents

The Office of the Secretary of Defense 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 Defense is publishing the unclassified text of a section 36(b)(1) arms sales notification to fulfill the requirements of section 155 of Public Law 104-164 dated 21 July 1996.

In accordance with the requirements of the National Environmental Policy Act (NEPA), the U.S. Army Corps of Engineers (COE) Wilmington District, Wilmington Regulatory Field Office announces the availability of a Regulatory Program Final EIS for the North Topsail Beach Shoreline Protection Project. The applicant, The Town of North Topsail Beach, is requesting Department of the Army authorization, pursuant to Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbor Act, to protect residential homes and town infrastructures by nourishing approximately 11.1 miles of beachfront via repositioning the New River Inlet channel, implementing an inlet management plan to control the positioning of the new inlet channel, and utilizing an offshore borrow area. The new channel will be centrally located and the proposal will be to maintain that position, which essentially will be located perpendicular to the adjacent shorelines of North Topsail Beach and Onslow Beach. The proposed sources of the material for the beach nourishment will come from the repositioning of the inlet and an identified offshore borrow area. The projected amount of material needed to initially nourish the oceanfront shoreline is approximately 3.11 million cubic yards. The placement of beach fill along the Town's shoreline would result in the initial widening of the beach by 50 to 100 feet. The widened beach would be maintained through a program of periodic beach nourishment events with the material extracted from the maintenance of the newly relocated channel. All work will be accomplished using a hydraulic cutterhead dredge. The proposed project construction will be conducted in a five phase approach to correspond with the Town's anticipated annual generation of funds.

Pursuant to section 102(2)(c) of the National Environmental Policy Act (NEPA) and the Council on Environmental Quality Regulations for implementing the procedural provisions of NEPA (Title 40 Code of Federal Regulations Parts 1500-1508), the Department of the Navy (Navy) has prepared and filed with the U.S. Environmental Protection Agency a Draft Environmental Impact Statement (DEIS) for public release on January 22, 2010. The National Marine Fisheries Service (NMFS) is a cooperating agency for the EIS.

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 Defense Production Act Amendments. A request for public comments was published in the Federal Register at 74 FR 58627, on November 13, 2009. No comments were received.

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) has determined that USS JASON DUNHAM (DDG 109) is a vessel of the Navy which, due to its special construction and purpose, cannot fully comply 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.

The Department of the Navy (Navy), after carefully weighing the operational and environmental consequences of the proposed action, announces its decision to improve the Naval Surface Warfare Center Panama City Division's (NSWC PCD's) capabilities to conduct new and increased research, development, test, and evaluation (RDT&E) operations for the Navy and its Department of Defense customers within three military warning areas W-151, W-155, and W-470 and St. Andrew Bay, collectively known as the NSWC PCD Study Area. The proposed action is required for the Navy to successfully meet current and future national and global defense challenges by developing a robust capability to research, develop, test, and evaluate systems within the NSWC PCD Study Area. In its decision, the Navy considered applicable laws, regulations and executive orders, including an analysis of the effects of its actions outside the U.S. or its territories under Executive Order (EO) 12114, Environmental Effects Abroad of Major Federal Actions.

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 102-3.150, the Department of Defense announces that the following Federal advisory committee meeting will take place:

The Defense Science Board will meet in closed session on February 24-25, 2010; at the Pentagon, Arlington, VA. At this meeting, the Board will discuss interim findings and recommendations resulting from ongoing Task Force activities. The Board will also discuss plans for future consideration of scientific and technical aspects of specific strategies, tactics, and policies as they may affect the U.S. national defense posture and homeland security.

This notice informs the public that the Global Positioning Systems Wing will be hosting an Interface Control Working Group (ICWG) teleconference meeting for the document IS-GPS-200E (NAVSTAR GPS Space

The United States Air Force published a Notice of Intent to prepare an EIS in the Federal Register (Vol. 74, No. 249, page 69080) on Dec. 30, 2009. Due to scheduling conflicts, scoping meetings originally proposed to be held January 11-14, 2010 in Idaho will now be held February 16-19, 2010. The Brunswick, Georgia meeting will be held during the week of February 8-12, 2010. Meeting locations remain the same. All other meeting dates remain the same. The original Notice of Intent identified that potential environmental impacts at Shaw AFB/ McEntire JNGB would be analyzed for no action and in increments of 24 primary assigned aircraft (PAA), up to a total of 72 PAA. The revised description of the alternative is as follows, ``Shaw AFB/McEntire JNGB would be analyzed for no action and in increments of 24 PAA, up to a total of 96 PAA.'' This revised Notice of Intent has been prepared to notify the public of these changes.

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 an extension of a previously approved information collection requirement concerning cost accounting standards administration. A request for public comments was published in the Federal Register at 74 FR 58628, on November 13, 2009. No comments were received.

DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to implement Section 807 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005. Section 807 provides for adjustment every 5 years of statutory acquisition- related thresholds, except for Davis-Bacon Act, Service Contract Act, and trade agreements thresholds. This case also reviews nonstatutory acquisition-related thresholds for adjustment in 2010.

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 102-3.50, the Department of Defense gives notice that it is renewing the charter for the Defense Business Board (hereafter referred to as the Board).

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 intends to renew the charter for the Department of Defense Historical Advisory Committee (hereafter referred to as the Committee).

Congress has appropriated limited funds to the U.S. Army Corps of Engineers (Corps) and the National Oceanic and Atmospheric Administration (NOAA) for implementation of the Estuary Habitat Restoration Program as authorized in Section 104 of the Estuary Restoration Act of 2000, Title I of the Estuaries and Clean Waters Act of 2000 (Pub. L. 106-457) (accessible at https://www.usace.army.mil/ CECW/ERA/Pages/home.aspx). On behalf of the Estuary Habitat Restoration Council (Council) the Corps is soliciting proposals for estuary habitat

The JSC is forwarding final proposed amendments to the MCM to the Department of Defense. The proposed changes constitute the 2009 annual review required by the MCM and DoD Directive 5500.17, ``Role and Responsibilities of the Joint Service Committee (JSC) on Military Justice,'' May 3, 2003. The proposed changes concern the rules of procedure and evidence and the punitive articles applicable in trials by courts-martial. These proposed changes have not been coordinated within the Department of Defense under DoD Directive 5500.1, ``Preparation, Processing and Coordinating Legislation, Executive Orders, Proclamations, Views Letters Testimony,'' June 15, 2007, and do not constitute the official position of the Department of Defense, the Military Departments, or any other Government agency.

DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to improve the effectiveness of DoD oversight of contractor business systems.

The Department of the Air Force is proposing to amend a system of records notice 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 alter a system of records notice in its inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended.

In compliance 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: 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; the accuracy of the agency's estimate of the burden of the proposed information collection; ways to enhance the quality, utility, and clarity of the information to be collected; and 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 Federal Advisory Committee Act of 1972 (5 U.S.C., Appendix, as amended) and the Sunshine in the Government Act of 1976 (5 U.S.C. 552b, as amended), this notice announces that the Board of Regents of the Uniformed Services University of the Health Sciences (USU) will meet on February 2, 2010. Subject to the availability of space, the meeting is open to the public.

The United States Air Force published a Notice of Intent to prepare an EIS in the Federal Register (Vol. 74, No. 247, page 68597) on Dec 28, 2009. As stated in the previous Notice of Intent, the Air Force intended to conduct scoping meeting in the following cities: Truth or Consequences, NM, Socorro, NM, and Sun City, AZ; however, Scoping Meetings will no longer be conducted in these locations. Additional public scoping meetings will be held at Cloudcroft, NM, Boise, ID, City of Surprise/ Sun Cities, AZ, and Tucson, AZ. In addition, exact meeting locations were not known at the time the Notice of Intent was published. This revised Notice of Intent has been prepared to notify the public of the changes in the cities in which the public scoping meetings will be held and to provide locations and dates for the meetings.

The Department of the Navy amends its rules under 32 CFR Part 724 to reflect the name change of the Naval Council of Personnel Boards to the Secretary of the Navy Council of Review Boards and to update other administrative information pertaining to the Naval Discharge Review Board.