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

The Military Surface Deployment and Distribution Command (SDDC) is providing notice that it is releasing an interim change to the MFTURP No. 1 on October 1, 2010. The interim change updates Section B, Item 21, Detention: Vehicles With Power Units (DEP).

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.

On September 23, 2010 (75 FR 55907), DoD published a notice that cited an incorrect Air Force system name. This notice corrects that error.

The Department of Defense is proposing to update current policies and procedures to reflect the DoD FOIA Program as prescribed by Executive Order 13392. The changes will ensure appropriate agency disclosure of information and offer consistency with the goals of section 552 of title 5, United States Code.

The Department of Defense has submitted to OMB for clearance, the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35).

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: (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.

In compliance with Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Office of the Under Secretary of Defense (Personnel and Readiness) announces the following 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 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.

In compliance with Section 3502(c)(2)(A) of the Paperwork Reduction Act of 1995, the Chief of Naval Education and Training announces a proposed extension of a previously approved 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.

The Department of the Navy (DoN) and the Department of the Army (Army), after carefully weighing the environmental consequences of the proposed action, as well as considering operational and training requirements, strategic requirements, obligations under treaties and other international agreements, and cost, announce their decision to proceed with Guam and Commonwealth of Northern Mariana Islands (CNMI) Military Relocation. As a result of redefining the United States (U.S.) defense posture in the Pacific region and the U.S. alliance with Japan, a portion of U.S. Marine Corps (USMC) forces currently located in Okinawa, Japan will be relocated to Guam. This relocation of USMC forces will meet international agreement and treaty requirements and fulfill U.S. national security policy requirements to provide mutual defense, deter aggression, and dissuade coercion in the Western Pacific Region in response to the evolving security environment in the Pacific region, as identified through the Integrated Global Presence and Basing Strategy and the Quadrennial Defense Review (QDR). The redefining of the U.S. defense posture in the Pacific also calls for greater availability of aircraft carrier strike groups in the Pacific to support engagement, presence, and deterrence. Finally, in support of the proposed military relocation, the stationing of an Air and Missile Defense Task Force (AMDTF) is also being considered. A significant number of countries have ballistic missile capabilities which can deliver conventional, nuclear, biological, and chemical weapons. Other countries are working to establish these capabilities and missile systems. The effective strike range of defensive ballistic missile systems dictates that they must be located in the proximity of the protected assets. The need for the proposed AMDTF is to protect the territory of Guam, its citizens, U.S. and allied forces on Guam from the threat of harm from ballistic missile attacks from other countries and enemies of the U.S. Implementing the military relocation analyzed in the Environmental Impact Statement (EIS) will be a multi-agency, multi-year effort undertaken by the DoN, Army, Department of Transportation's Federal Highway Administration (FHWA), Guam utilities, Guam agencies, and various private entities. Implementation includes several components: (1) Marine Corps: (a) Development and construction of facilities and infrastructure to support approximately 8,600 Marines and their 9,000 dependents being relocated from Okinawa to Guam. (b) Development and construction of facilities and infrastructure to support training and operations on Guam and Tinian (located in the CNMI). DoN has elected to defer selection of a specific site for the construction and operation of a live fire training range complex in the Route 15 area in Guam pending completion of the Section 106 consultation process under the National Historic Preservation Act (NHPA). Likewise, a selection regarding implementation of a roadway improvement project calling for a realignment of Route 15 is hereby deferred pending selection of a specific site for the construction. (2) Navy: Construction of a new deep-draft wharf with shoreside infrastructure improvements creating the capability in Apra Harbor, Guam to support a transient nuclear powered aircraft carrier. DoN has elected to defer selection of a specific site for the construction and operation of a transient aircraft carrier berth within Apra Harbor for the near term. However, the analysis presented in the EIS, including the marine resources impacts analysis, provides sufficient information to allow the DoN to fully consider the direct, indirect and cumulative environmental impacts of locating a transient aircraft carrier berth and make a programmatic decision to locate a transient aircraft carrier berth generally within Apra Harbor, which is the only deep draft harbor on the island of Guam that could support such a berth. (3) Army: Development of facilities and infrastructure on Guam to support relocating approximately 600 military personnel and their 900 dependents to establish and operate an Air and Missile Defense Task Force (AMDTF). As of the date of this Record of Decision (ROD), the Department of Defense (DoD) has not decided to construct and operate an AMDTF on Guam. The decision on whether to assign this mission to the Army will be made pending the results of the ongoing regional and global Ballistic Missile Defense architectural and capability studies. It will also be based in part on the EIS for this proposed action with Guam as one site that is under consideration for an AMDTF mission. The EIS was prepared noting that if the mission were assigned to Army, the alternatives presented in the EIS represent how Army could implement the action on Guam. Army has selected the preferred alternatives described in Volume 5 of the EIS as the appropriate manner to implement the proposed action if and when the mission is assigned. (4) Utilities: Renovation and development of additional capacity for power, water, and wastewater systems, both on base and off base, to support the increased demand from the new Marine Corps Base and associated growth in DoD and civilian population caused by the Relocation. (5) Off-base Roadways: Improvements to off base roads, bridges, and intersections to support increased traffic and offset significant impacts caused by the Relocation. Each of the major actions noted above encompasses several construction projects to provide required facilities and infrastructure. Most of the major actions and their supporting projects have alternative sites located throughout the island of Guam. This ROD will document and demonstrate why DoD has chosen to implement the preferred alternatives for each of the actions described in the EIS, except as noted above. Because DoN and Army are preparing this ROD as a joint effort, both concur and support the decisions expressed within it. The ROD includes descriptions and discussions of the proposed actions and their impacts. It also includes descriptions and discussions of all related actions and their impacts. Combined, these two elementsproposed and related actions, with associated impactsprovide the context for consideration of the collective and cumulative impacts associated with all actions addressed in the EIS. While this ROD represents the decisions of DoN and Army regarding the proposed actions, Federal agencies have greatly contributed to formulating and refining the approach to implementing actions and associated mitigation measures. Led by Council on Environmental Quality (CEQ) facilitated discussions, DoD reached major agreements with various Federal regulatory agencies regarding key issues, refined action alternatives for Guam's potable water and wastewater systems, committed to the use of force flow reduction and Adaptive Program Management (APM) as mitigation measures, and established a Civil- Military Coordination Council (CMCC) to implement APM. All of these actions are discussed with greater detail within the ROD. DoN would like to recognize the efforts of CEQ, the U.S. Environmental Protection Agency (EPA), the Department of Interior (DOI), the National Oceanographic and Atmospheric Administration (NOAA), and the Government of Guam Agencies and thank them for their participation and assistance in seeking resolution to the many challenges confronting DoD in the completion of the NEPA process for this proposed action. It is also recognized that as the military construction projects necessary to implement the actions move forward, each of these agencies will have a continuing role through either a regulatory, permitting, or advisory capacity and will continue to partner in the implementation of the actions. This ROD was prepared in accordance with CEQ Regulations for Implementing the Procedural Provisions of NEPA 40 CFR parts 1500 to 1508 and specifically, 40 CFR 1505.2Record of decision in cases requiring environmental impact statements.

Pursuant to Section 102(2)(c) of the National Environmental Policy Act (NEPA) of 1969, 42 United States Code (U.S.C.) Section 4332(2)(c), the regulations of the Council on Environmental Quality (CEQ) for Implementing the Procedural Provisions of NEPA (40 Code of Federal Regulations [CFR] parts 1500-1508), the Department of the Navy (DoN) NEPA regulations (32 CFR part 775), and the Marine Corps Environmental Compliance and Protection Manual, which is Marine Corps Order P5090.2A w/change 2 (MCO P5090.2A), the DoN announces its decision to upgrade and improve the Basewide water, wastewater, electrical, communication, and natural gas systems at Marine Corps Base Camp Pendleton (MCBCP), California as described in Alternative 1, the Preferred Alternative. The Preferred Alternative best meets the purpose and need for the proposed action in terms of the screening criteria applied, including having the least number of impacts to the environment of the action alternatives and the least impacts to base operations and training. The proposed action will include the construction, operation, and maintenance of utility infrastructure upgrades, expansions, and improvements within MCBCP. These improvements will include a new tertiary wastewater treatment plant and associated facilities serving the northern portion of MCBCP; upgrades to the Base electrical distribution systems and associated facilities, including replacement of existing 4.16kV and 12kV electrical distribution systems; upgrades to the Basewide communication systems; upgrades to the Basewide natural gas systems; and new water and wastewater facilities and road improvements to Range 130. All practical means to avoid or minimize environmental harm from the selected alternative have been adopted.

Pursuant to the Federal Advisory Committee Act of 1972 (5 U.S.C., Appendix as amended), the Sunshine in the Government Act of 1976 (5 U.S.C. 552b, as amended), and 41 CFR 102-3.150, and in accordance with section 10(a)(2) of Public Law, DoD announces that the Defense Health Board (DHB) will meet November 1 and 2, 2010, in Arlington, VA.

On September 9, 2010 (75 FR 55199), DoD published a notice concerning the proposed conversion of certain National Security Personnel System (NSPS)-covered employees to a personnel management demonstration project before the end of April 2011. The proposal pertains to NSPS-covered employees at the Army Research, Development and Engineering Command, Armament Research, Development and Engineering Center (ARDEC). Within that notice the descriptors for levels IV and V are incorrect under factor 1-1 and level VI was erroneously added to factor 2-3. This notice corrects those errors.

The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are issuing an interim rule amending the Federal Acquisition Regulation (FAR) to implement Department of Labor (DoL) regulations on equal opportunity provisions for various categories of military veterans. This rule sets forth revised coverage and definitions of veterans covered under the Vietnam Era Veterans' Readjustment Assistance Act of 1972 (VEVRAA) and includes new reporting requirements established under the VEVRAA and the Jobs for Veterans Act (JVA).

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 establish procedures for contracting officers to provide contractor information, such as terminations for cause or default and defective cost or pricing data, into the Past Performance Information System (PPIRS) and Federal Awardee Performance and Integrity Information System (FAPIIS) module within PPIRS. This information will assist the contracting officer in making an informed source selection and award decision. Instructions on access to the FAPIIS module and how to input data into the FAPIIS module will be available at https://www.ppirs.gov/fapiis.html.

This document is issued under the joint authority of the Secretary of Defense, the Administrator of General Services and the Administrator of the National Aeronautics and Space Administration. This Small Entity Compliance Guide has been prepared in accordance with section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996. It consists of a summary of rules appearing in Federal Acquisition Circular (FAC) 2005-46 which amend the FAR. Interested parties may obtain further information regarding these rules by referring to FAC 2005-46, which precedes this document. These documents are also available via the Internet at https://www.regulations.gov.

The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are issuing a final rule amending the Federal Acquisition Regulation (FAR) to revise FAR subpart 19.8, Contracting with the Small Business Administration (The 8(a) Program), to conform to the Small Business Administration (SBA) regulations. The FAR Council did not publish this rule for comment because this change will not have a significant effect beyond the internal operating procedures of the Government and will not have a significant effect on contractors or offerors. Furthermore, this requirement has existed in the Small Business Administration Regulations since January 1, 2009, and the FAR is being updated to conform to these regulations. This revision changes the location for submitting offering letters to SBA for a construction requirement for which a specific offeror is nominated and impacts internal procedures that the contracting officer is now required to follow.

The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (the Councils) are issuing an interim rule amending the Federal Acquisition Regulation (FAR) to implement Executive Order 13513, issued on October 1, 2009, entitled ``Federal Leadership on Reducing Text Messaging while Driving.'' This Executive Order was issued to demonstrate Federal leadership in improving safety on the nation's roads and highways, and to enhance the efficiency of Federal contracting. The purpose of this policy is to prevent the unsafe practice of text messaging by Federal contractors while driving in connection with Government business. This policy further promotes economy and efficiency in Federal procurement, and seeks to prohibit the disruption of Government business and Federal procurement, as a result of unsafe text messaging practices.

The Department of the Air Force is amending its regulations concerning the Air Force Board for Correction of Military Records. The regulations being revised establish procedures for the consideration of applications for the correction of military records and provides guidance to applicants and others interested in the process. This revision incorporates format changes and clarifies various minor provisions of the subpart.

The Office of the Secretary of Defense 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.