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

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 establishing the charter for the Army National Cemeteries Advisory Commission (hereafter referred to as ``the Commission'').

This part implements policy established in DoD Instruction 5200.01. It assigns responsibilities and provides procedures for members of the public to request a declassification review of information classified under the provisions of Executive Order 13526, or predecessor orders.

This notice is to advise interested parties of a demonstration project entitled ``TRICARE Co-Pay Waiver at Captain James A. Lovell Federal Health Care (FHCC) Demonstration Project.'' Under this demonstration, there would be no deductibles, cost shares, or co-pays for eligible beneficiaries seeking care at the FHCC. This demonstration would take place under the authority of 10 U.S.C. Section 1092(a)(1)(B) Cost-sharing by eligible beneficiaries. The effectiveness of this demonstration will be tested by comparing the volume of care for beneficiaries that would have paid co-payments to the prior year volume to determine if increased utilization actually occurred as a result of the elimination of co-payments. Increased utilization would be an indicator of what to expect in future Department of Defense (DoD)/ Department of Veterans Affairs (VA) mergers of this nature and would influence decisions regarding financial integration.

DoD is adopting as final, with changes, an interim rule that implements section 884 of the National Defense Authorization Act for Fiscal Year 2009. Section 884 requires DoD to ensure that, to the maximum extent practicable, in all carriage contracts in which a fuel- related adjustment is provided for, any fuel-related adjustment is passed through to the person who bears the cost of the fuel to which the adjustment relates.

DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to provide the address for the agency Office of the Inspector General as referenced in FAR clause 52.203-13, Contractor Code of Business Ethics and Conduct.

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), the Department of the Navy (DoN) and the United States Marine Corps (USMC), with the cooperation of the Bureau of Land Management (BLM), intends to prepare a Legislative Environmental Impact Statement (L-EIS) and conduct public scoping meetings for the proposed extension of the withdrawal of approximately 226,711 acres of public land in Imperial and Riverside counties, California, for continued military use of the Chocolate Mountain Aerial Gunnery Range (CMAGR). The California Military Lands Withdrawal and Overflights Act of 1994 (Pub. L. 103-433) withdrew 226,711 acres of public land to DoN, reserving these lands for defense-related purposes for a period of 20 years (until October 31, 2014). The Act provides that the DoN may seek extension of the CMAGR withdrawal. As part of the withdrawal process, the Secretary of the Navy is required to publish a Draft L-EIS addressing legislative alternatives and the effects of continued withdrawal. The CMAGR Draft L-EIS will evaluate the environmental effects of the proposal to extend the land withdrawal for an additional 25 years (through 2039) and will evaluate alternative actions to restructure the existing range boundary for improved efficiency in the management of the CMAGR and adjacent lands.

The U.S. Army Corps of Engineers (USACE), Detroit District, is issuing this Notice of Intent (NOI) to prepare a Draft Environmental Impact Statement (EIS) for flood risk management measures along the North Branch Ecorse Creek (NBEC) in Wayne County, MI. The Draft EIS is being prepared in conjunction with a General Reevaluation Report (GRR) of the NBEC to reevaluate the feasibility of providing flood risk management measures. The GRR/EIS is being completed in partnership with Wayne County, MI. The Draft EIS will address potential environmental impacts of the construction, operation, and maintenance of a number of structural and non-structural alternatives that will be evaluated as part of the GRR study.

Under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the Federal Acquisition Regulation Regulatory Secretariat, will be submitting to the Office of Management and Budget (OMB) a request to review and approve an extension of a currently approved information collection requirement concerning the American Recovery and Reinvestment Act-Reporting RequirementsOne Time- Reporting, Compensation Requirements. 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.

Under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the Federal Acquisition Regulation Regulatory Secretariat, will be submitting to the Office of Management and Budget (OMB) a request to review and approve an extension of a currently approved information collection requirement concerning the American Recovery and Reinvestment Act-Reporting RequirementsOne Time Reporting Requirements for Prime Contractors. 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.

The Defense Commissary Agency proposes to add a system of records to its inventory of records systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended.

The Secretary of the Navy Advisory Panel (SECNAV Advisory Panel) will deliberate the findings and recommendations for the Department of the Navy's Energy program and Asia/Pacific Engagement topic.

This notice announces the appointment of members to the Defense Contract Audit Agency (DCAA) Performance Review Boards. The Performance Review Boards provide fair and impartial review of Senior Executive Service (SES) performance appraisals and make recommendations to the Director, DCAA, regarding final performance ratings and performance awards for DCAA SES members.

The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (the Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to revise the clauses at FAR 52.214-27, 52.215-10 and 52.215-11 to require compound interest calculations be applied to Government overpayments as a result of defective cost or pricing data.

In Accordance with 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), announcement is made of the forthcoming meeting.

DoD is issuing a proposed rule to update Defense Federal Acquisition Regulation Supplement (DFARS), Appendix F, Material Inspection and Receiving Report, to incorporate procedures for using the electronic Wide Area Workflow Receiving Report required for use in most contracts in lieu of the DD Form 250, Material Inspection and Receiving Report, which is now used mostly on an exception basis.

Defense Threat Reduction Agency proposes 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 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 Defense Acquisition University Board of Visitors will meet on September 15, 2010, in Huntsville, AL.

The U.S. Army Corps of Engineers (USACE), Wilmington District, Wilmington Regulatory Field Office has received a request for Department of the Army authorization, pursuant to Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbor Act, from Carteret County to develop and implement, under an inter-local agreement between the towns on Bogue Banks barrier island, a multi- decadal Master Plan that would provide ocean shoreline protection to approximately 25 miles of beach over a minimum period of 30 years.

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.

Under the provisions of the Federal Advisory Committee Act of 1972 (5 U.S.C., Appendix, as amended) and the Sunshine Act of 1976 (5 U.S.C. 552b, as amended) the Department of Defense announces that the Defense Science Board (DSB) Task Force on the Survivability of DoD Systems and Assets to Electromagnetic Pulse (EMP) and other Nuclear Weapons Effects (hereafter referred to as the Task Force) will meet October 12-13, 2010 in Lorton, VA.

The Department of the Army announces a ROD for conversion of the 3rd ACR to an SBCT at Fort Hood and discusses the environmental impacts of this decision. After conversion, the 3rd ACR will provide the Army with a force structure that has the flexibility to respond better to threats in an unpredictable global security environment. The Army's strategic estimate remains that its force requirements will best be met by a robust multiweight force, composed of a mix of Infantry BCTs and Heavy Armor BCTs augmented with the protection and versatility of an additional SBCT. The 3rd ACR at Fort Hood is being selected because the unit will have maximum time to convert and train with new equipment prior to redeploying. In addition, Fort Hood is an installation capable of providing fully modernized training infrastructure, as well as many of the existing garrison support facilities required for an SBCT, and has adequate maneuver space to accommodate SBCT training. The 3rd ACR will begin converting in 2012 and will be complete in Fiscal Year 2014. With this conversion, the Army will have nine SBCTs (eight Active Component and one Reserve Component).

The Army announces its intent to prepare a PEIS for the proposed growth, realignment, and stationing of new and existing Army aviation assets. The proposed action includes the consolidation and reorganization of existing aviation units, and the establishment of one or more Combat Aviation Brigades (CABs). The proposed action will increase the availability of rotary wing assets to meet current and future national security requirements and will allow the Army better to organize existing aviation assets to promote more effective training and force management. The PEIS will evaluate the environmental impacts associated with the proposed action, which includes the construction and renovation of garrison facilities and additional training needed to support the establishment and realignment of aviation units. The Army is considering the following alternatives in the PEIS: (1) Realign and consolidate existing aviation elements of up to a full CAB at Fort Carson (CO) or Joint Base Lewis-McChord (WA); (2) implement those actions discussed in Alternative 1; in addition, establish a new CAB and station it at Fort Carson or Joint Base Lewis-McChord; and, (3) No-Action Alternative that would retain the Army aviation force structure at its current levels, configurations, and locations. No more than one additional CAB would be assigned to either of the stationing locations being considered. As part of Alternatives 1 and 2, aviation units would conduct training on existing training land at either the Yakima Training Center (YTC) (WA) or the Pinon Canyon Maneuver Site (PCMS) (CO) in order to maintain training proficiency and support integrated training with ground units. Land acquisition is not being considered as part of this action. Fort Carson and Joint Base Lewis-McChord are the only stationing alternatives that meet all of the Army's stationing requirements for new CAB stationing. These locations provide an existing runway and airfield, provide adequate maneuver and airspace for CAB operations, and are equipped with existing training ranges that can support CAB training. Each location is currently the home station of three or more ground maneuver Brigade Combat Teams (BCTs), which allows the Army to maximize integrated air/ground training. Joint Base Lewis-McChord and Fort Carson are the only major installations that have three or more BCTs but no CAB dedicated to provide aviation support for training. Additionally, Joint Base Lewis-McChord has many of the existing garrison facilities to accommodate CAB units while Fort Carson has space available to construct additional CAB facilities.