Department of Defense May 2010 – Federal Register Recent Federal Regulation Documents
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Privacy Act of 1974; System of Records
The Defense Intelligence Agency proposes to delete 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.
Federal Advisory Committee; Threat Reduction Advisory Committee
Under the provisions of the Federal Advisory Committee Act of 1972, (5 U.S.C. Appendix), the Government in the Sunshine Act of 1976 (5 U.S.C. 552b), and 41 CFR 102-3.50, the Department of Defense gives notice that it is renewing the charter for the Threat Reduction Advisory Committee (hereafter referred to as the Committee).
Federal Advisory Committee; Defense Task Force on Sexual Assault in the Military Services
Under the provisions of the Federal Advisory Committee Act of 1972, (5 U.S.C. Appendix), 41 CFR 102-3.55 and consistent with the Sunset Provisions of the National Defense Authorization Act for Fiscal Year 2005, subtitle K, section 576, Public Law 108-375, the Department of Defense gives notice that it is terminating the Defense Task Force on Sexual Assault in the Military Services, effective June 1, 2010.
Notice of Intent To Prepare an Environmental Impact Statement for the Elliott Bay Seawall Project, Seattle, WA
Pursuant to section 102(2)(C) of the National Environmental Policy Act (NEPA) of 1969, as amended, the U.S. Army Corps of Engineers (USACE) will prepare an Environmental Impact Statement (EIS) for a proposed seawall replacement project along the Elliott Bay shoreline in Seattle, WA. The City of Seattle is the non-Federal sponsor for the project.
Federal Advisory Committee; Meeting of the Uniform Formulary Beneficiary Advisory Panel
Under the provisions of the Federal Advisory Committee Act of 1972 (title 5, United States Code (U.S.C.), Appendix, as amended) and the Government in the Sunshine Act of 1976 (5 U.S.C. 552b, as amended) the Department of Defense announces that the Uniform Formulary Beneficiary Advisory Panel (hereafter referred to as the Panel) will meet on June 24, 2010, in Washington, DC. The meeting is open to the public from 9 a.m. to 12 p.m., but seating is limited. A closed Administrative Work Meeting will be held from 8 a.m. to 9 a.m.
36(b)(1) Arms Sales Notification
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.
Science and Technology Reinvention Laboratory Personnel Management Demonstration Project, Department of Navy (DON), Office of Naval Research (ONR)
The Office of Naval Research (ONR) proposes to adopt the Naval Research Laboratory (NRL) Personnel Management Demonstration Project with modifications and one flexibility from the U.S. Army Aviation and Missile Research, Development and Engineering Center (AMRDEC). The majority of flexibilities and administrative procedures are expected to be adopted without changes. However, modifications are made when
Privacy Act of 1974; System of Records
The Department of the Navy proposes to alter a system of records in its inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended.
Federal Advisory Committee; Military Leadership Diversity Commission (MLDC)
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 Military Leadership Diversity Commission (MLDC) will meet on June 16 and 17, 2010, in Mc Lean, VA. The meeting is open to the public, but seating is limited.
Privacy Act of 1974; System of Records
The Office of the Secretary of Defense proposes to delete a system of records notice from its existing inventory of record systems subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended.
Notice of Public Meetings of the Draft Environmental Impact Statement for Basing the U.S. Marine Corps Joint Strike Fighter F-35B on the East Coast
Pursuant to Section (102)(2)(c) of the National Environmental Policy Act (NEPA) of 1969, and regulations implemented by the Council on Environmental Quality (40 Code of Federal Regulations [CFR] Parts 1500-1508), Department of Navy (DoN) NEPA regulations (32 CFR Part 775), and U.S. Marine Corps (USMC) NEPA directives (Marine Corps Order P5090.2A, changes 1 and 2), DoN has prepared and filed with the U.S. Environmental Protection Agency (EPA) a Draft Environmental Impact Statement (DEIS) that evaluates the potential environmental consequences that may result from the basing of the F-35B Joint Strike Fighter (JSF) on the East Coast of the United States.
Federal Acquisition Regulation; Information Collection; Contract Financing
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 to a previously approved information collection requirement concerning contract financing.
Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea, 1972
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 GRAVELY (DDG 107) 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.
Notice of Public Hearings of the Draft Environmental Impact Statement for Basing the U.S. Marine Corps Joint Strike Fighter F-35B on the West Coast
Pursuant to section (102)(2)(c) of the National Environmental Policy Act (NEPA) of 1969, and regulations implemented by the Council on Environmental Quality (40 Code of Federal Regulations [CFR] parts 1500-1508), Department of Navy (DoN) NEPA regulations (32 CFR part 775), and U.S. Marine Corps (USMC) NEPA directives (Marine Corps Order P5090.2A, changes 1 and 2), DoN has prepared and filed with the U.S. Environmental Protection Agency (EPA) a Draft Environmental Impact Statement (EIS) that evaluates the potential environmental consequences that may result from the basing of the F-35B Joint Strike Fighter (JSF) on the West Coast of the United States.
Preferred Supplier Program (PSP)
The Deputy Assistant Secretary of the Navy, Acquisition and Logistics Management (DASN (A&LM)), is soliciting comments that the Department of the Navy (DON) may use in drafting a policy that will establish a Preferred Supplier Program (PSP). Under the PSP, contractors that have demonstrated exemplary performance, at the corporate level; in the areas of cost, schedule, performance, quality, and business relations would be granted Preferred Supplier Status (PSS). Contractors that achieved PSS would receive more favorable contract terms and conditions in DON contracts. Upon approval of the policy by the Assistant Secretary of the Navy for Research, Development and Acquisition, DON will initiate the pilot phase of the PSP.
Federal Advisory Committee; Department of Defense Wage Committee; Closed Meeting
Pursuant to the provisions of section 10 of Public Law 92-463, the Federal Advisory Committee Act, DoD announces the Department of Defense Wage Committee will meet in closed session on June 1, 2010, in Rosslyn, Virginia.
Base Closure and Realignment
This notice is provided pursuant to section 2905(b)(7)(B)(ii) of the Defense Base Closure and Realignment Act of 1990. It provides a partial list of military installations closing or realigning pursuant to the 2005 Base Closure and Realignment (BRAC) Report. It also provides a corresponding listing of the Local Redevelopment Authorities (LRA) for the Air Force Research Laboratory, Arizona, and portions of the Newport Naval Complex, Rhode Island, recognized by the Secretary of Defense, acting through the Department of Defense, Office of Economic
Federal Advisory Committee; National Defense Intelligence College Board of Visitors; Closed Meeting
Pursuant to the provisions of subsection (d) of section 10 of Public Law 92-463, as amended by section 5 of Public Law 94-409, notice is hereby given that a closed meeting of the Defense Intelligence Agency, National Defense Intelligence College Board of Visitors will be held on June 15 and 16, 2010, in Washington, DC.
Federal Advisory Committee; Department of Defense Wage Committee
Pursuant to the provisions of section 10 of Public Law 92-463, the Federal Advisory Committee Act, notice is hereby given that a closed meeting of the Department of Defense Wage Committee will be held on June 15, 2010.
Federal Acquisition Regulation; Information Collection; Prospective Subcontractor Requests for Bonds
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 concerning subcontractor requests for bonds.
Notice of Availability for Donation as a Museum/Memorial, the Battleship ex-IOWA (BB 61)
The Department of the Navy (DON) hereby gives notice of the re-opening of availability for donation as a museum/memorial the battleship ex-IOWA (BB 61), located at the Suisun Bay Reserve Fleet, Benecia, CA. The previous notice of availability for ex-IOWA was published in the Federal Register Vol. 71, No. 60, dated March 29, 2006. This current notice is intended for organizations who have not previously submitted a ship donation application to the Navy for ex- IOWA.
Preferred Supplier Program (PSP)
The Deputy Assistant Secretary of the Navy, Acquisition and Logistics Management (DASN (A&LM)), is soliciting comments that the Department of the Navy (DON) may use in drafting a policy that will establish a Preferred Supplier Program (PSP). Under the PSP, contractors that have demonstrated exemplary performance, at the corporate level; in the areas of cost, schedule, performance, quality, and business relations would be granted Preferred Supplier Status (PSS). Contractors that achieved PSS would receive more favorable contract terms and conditions in DON contracts. Upon approval of the policy by the Assistant Secretary of the Navy for Research, Development and Acquisition, DON will initiate the pilot phase of the PSP.
Federal Acquisition Regulation; FAR Case 2009-027, Personal Identity Verification of Contractor Personnel
The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to provide additional regulatory coverage in Subpart 4.13 and in clause 52.204-9 to reinforce the requirement of collecting from contractors all forms of Government provided identification once they are no longer needed to support a contract.
Announcement of Federal Funding Opportunity (FFO)
This notice announces the opportunity to enter into a grant agreement with OEA for Brigade Basing Remediation-Support for Public Entities. OEA is authorized by Section 8041 of the National Defense Authorization Act for Fiscal Year 2010, Public Law 111-118, to provide up to $40 million for public entities adversely affected by the reversal of the decision to locate a 5th brigade at Fort Stewart, Georgia. Awards may be provided under this announcement directly to a state or local government, a local education agency, or other public entity or to a public entity on behalf of other eligible public entities.
Board on Coastal Engineering Research
In accordance with Section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), announcement is made of the following committee meeting:
Notice of Public Scoping Meetings for the Missouri River Authorized Purposes Study, Missouri River Basin, United States
In the April 16, 2010 Federal Register (75 FR 19948), the U.S. Army Corps of Engineers (USACE) Omaha and Kansas City Districts announced in a Notice of Intent (NOI) that it will prepare a comprehensive feasibility-type report with an integrated Environmental Impact Statement (EIS) for the Missouri River Authorized Purposes Study (MRAPS). The NOI did not include specific details of the public scoping meetings. This notice announces the locations, dates, times, and format of the public scoping meetings.
Federal Acquisition Regulation; FAR Case 2009-031, Terminating Contracts
The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to provide clarification to the prescription for the FAR clause at 52.249-1, Termination for Convenience of the Government (Fixed Price) (Short Form), located in FAR 49.502(a), to apprise contracting officers that there are alternative clauses that can be used for terminations up to the simplified acquisition threshold. In addition, references to the FAR clauses at 52.212-4 and 52.213-4 are added in the prescription for FAR 52.249-1 at FAR 49.502(a) and in FAR 49.002, Applicability.
Privacy Act of 1974; System of Records
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.
Privacy Act of 1974; System of Records
The Office of the Secretary of Defense proposes to alter a system of records in its inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended.
Record of Decision (ROD) for the Development and Implementation of Range-Wide Mission and Major Capabilities at White Sands Missile Range (WSMR), NM
The Department of the Army announces the availability of the ROD that documents and summarizes the decision to proceed with implementing the Preferred Alternative (Alternative (1) identified in the Final Environmental Impact Statement (FEIS), including the following proposed land use changes: expansion of the Main Post and alterations in authorized uses of range areas; development of new and expanded infrastructure throughout the installation, and increase in the level of test activities; development of six new Specialized Areas (four for test operations and two to support small-scale military training); establishment of a Land Use and Airspace Strategy Plan and siting process for facilitating future tests and training activities at WSMR; and continued stationing of the Engineer Battalion and continued Main Post expansion for the Engineer Battalion, Brigade Combat Team (BCT) Modernization, and other ongoing tenant programs.
Record of Decision (ROD) for the Training Land Acquisition (Including Purchase and Lease) at Fort Polk, LA
The Department of the Army announces the availability of its ROD which summarizes and documents its decision to proceed with Alternative 3, the acquisition of up to 100,000 acres of additional training land in Vernon and Rapides Parrish in the areas South of Peason Ridge, and to the North and East of Fort Polk's existing training lands. The decision considers the Army's mission requirements at Fort Polk and the environmental analysis contained in the Final Environmental Impact Statement (FEIS) for Training Land Acquisition at Fort Polk, Louisiana (March 2009). The ROD describes the Army's decision to proceed with Alternative 3. This decision provides the Army with the most options and best opportunities to meet Fort Polk and the Joint Readiness Training Center (JRTC) training needs and is also the environmentally preferred alternative.
Defense Federal Acquisition Regulation Supplement; Restrictions on the Use of Mandatory Arbitration Agreements (DFARS Case 2010-D004)
DoD is issuing an interim rule to implement section 8116 of the DoD Appropriations Act for Fiscal Year 2010. Section 8116 restricts the use of mandatory arbitration agreements when using funds appropriated or otherwise made available by this DoD Appropriations Act to award contracts that exceed $1 million. It allows the Secretary of Defense to waive applicability to a particular contractor or subcontractor, if determined necessary to avoid harm to national security.
Department of Defense Wage Committee Meeting
Pursuant to the provisions of section 10 of Public Law 92-463, the Federal Advisory Committee Act, notice is hereby given that closed meeting of the Department of Defense Wage Committee will be held on Tuesday, May 18, 2010, at 10 a.m. at 1400 Key Boulevard, Level A, Room A101, Rosslyn, Virginia, 22209.
Federal Acquisition Regulation; Submission for OMB Review; Rights in Data and Copyrights
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 rights in data and copyrights. A notice published in the Federal Register at 75 FR 13764, on March 23, 2010. No comments were received.
Federal Acquisition Regulation; Submission for OMB Review; Examination of Records by Comptroller General and Contract Audit
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 the examination of records by comptroller general and contract audit. A request for public comments was published in the Federal Register at 75 FR 10268, on March 5, 2010. No comments were received.
Availability for Non-Exclusive, Exclusive, or Partially Exclusive Licensing of U.S. Provisional Patent Application Concerning Two-Stage Evaporative Cooling Method for Protective Clothing Ensembles
Announcement is made of the availability for licensing of the invention set forth in U.S. Provisional Patent Application Serial No. 61/319,070 entitled ``Two-Stage Evaporative Cooling Method for Protective Clothing Ensembles,'' filed March 30, 2010. The United States Government, as represented by the Secretary of the Army, has rights to this invention.
Cancellation of Notice of Intent To Prepare an Environmental Impact Statement for Northwest Aggregates' Previously Authorized Replacement of an Existing Barge Loading Facility in East Passage of Puget Sound on the Southeast Shoreline of Maury Island, King County, WA
The U.S. Army Corps of Engineers (Corps) Seattle District will issue a revised Notice of Intent at a later date. The notice that was previously published in the Federal Register (75 FR 25217) on May 7, 2010 is cancelled.
Science and Technology Reinvention Laboratory Personnel Management Demonstration Project, Department of the Air Force, Air Force Research Laboratory (AFRL)
This notice of amendment modifies existing demonstration project initiatives, to adopt flexibilities from Science and Technology Reinvention Laboratories (STRLs) and to propose expansion of coverage of the AFRL Personnel Demonstration Project to AFRL employees in Business Management and Professional, Technician, and Mission Support occupations.
Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea, 1972; Correction
The Department of the Navy published a document in the Federal Register (69 FR 61312) of October 18, 2004, concerning certifications and exemptions under the International Regulations for Preventing Collisions at Sea, 1972 (72 COLREGS). The document contained an incorrect ship name and information concerning Annex I, section 2(k).
Notice of Intent To Grant an Exclusive License; FIXMO U.S. INC.
The National Security Agency hereby gives notice of its intent to grant FIXMO U.S. INC., a revocable, non-assignable, exclusive, license to practice the following Government-Owned invention as described in U.S. Patent Application Serial No.11/999,050 entitled: ``Method of Tamper Detection for Digital Device,'' which was allowed by the U.S. Patent & Trademark Office on September 4, 2009, in the field of information security.
36(b)(1) Arms Sales Notification
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.
Privacy Act of 1974; System of Records; Correction
On April 23, 2010 (75 FR 21250), DoD published a notice announcing its intent to amend an existing Privacy Act system of records. In one instance an incorrect system ID number was cited. This notice corrects that error.
Submission for OMB Review; Notification of Ownership Changes
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 notification of ownership changes. A request for public comments was published in the Federal Register at 75 FR 9603, on March 3, 2010. No comments were received.
Federal Acquisition Regulation: FAR Case 2009-004, Enhancing Contract Transparency
The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are seeking information that will assist in determining how best to amend the Federal Acquisition Regulation (FAR) to enable public posting of contract actions, should such posting become a requirement in the future, without compromising contractors' proprietary and confidential commercial or financial information. This transparency effort is intended to promote efficiency in Government contracting through an open acquisition process and improve Federal spending accountability consistent with the Administration's memorandum entitled Transparency and Open Government (January 21, 2009) (Published in the Federal Register at 74 FR 4685, January 26, 2009).
Notice of Intent To Prepare an Environmental Impact Statement (EIS) for Airfield Operations at Naval Air Station (NAS) Key West, FL and To Announce Public Scoping Meetings
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 (Navy) announces its intent to prepare an EIS to identify and evaluate the potential environmental effects that may result from airfield training operations at NAS Key West. The EIS will consider all reasonable alternatives to the proposed action, including the No Action Alternative.
Information Collection Requirement; Defense Federal Acquisition Regulation Supplement; Part 244, Subcontracting Policies and Procedures (OMB Control Number 0704-0253)
In compliance with section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), DoD announces the proposed extension of a public information collection requirement and seeks public comment on the provisions thereof. DoD invites comments on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of DoD, including whether the information will have practical utility; (b) the accuracy of the 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 the use of automated collection techniques or other forms of information technology. The Office of Management and Budget (OMB) has approved this information collection requirement for use through November 30, 2010. DoD proposes that OMB extend its approval for three additional years.
Danger Zone, Pacific Ocean, Naval Base Coronado, Coronado, California
The U.S. Army Corps of Engineers (Corps) is amending its regulations to establish a naval danger zone in the waters of the Pacific Ocean extending offshore from the small arms range at the Naval Base Coronado (NBC), in Coronado, San Diego County, California. The danger zone will provide an appropriate and enforceable zone in which the Navy may conduct small arms test firing to qualify military personnel.
U.S. Court of Appeals for the Armed Forces Proposed Rules Changes
This notice announces the following proposed change to Rule 30A(a) of the Rules of Practice and Procedure, United States Court of Appeals for the Armed Forces.
Privacy Act of 1974; System of Records
The Defense Intelligence Agency is proposing to amend a system in its existing inventory of records systems subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended.
Class Deviation From FAR 52.219-7, Notice of Partial Small Business Set-Aside
This is to notify interested parties of a proposed class deviation to the Federal Acquisition Regulation (FAR) regarding partial small business set-asides for Defense Logistics Agency (DLA), Defense Energy Support Center (DESC) bulk fuels solicitations and resulting contract awards. DLA is requesting Department of Defense approval of a class deviation to FAR 52.219-7, to revise an existing class deviation to that clause.
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