Department of Defense 2010 – Federal Register Recent Federal Regulation Documents
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Record of Decision for the 158th Fighter Wing's Proposed Realignment of National Guard Avenue and New Main Gate Construction, Vermont Air National Guard, Burlington International Airport, South Burlington, VT
On November 18, 2010, the United States Air Force signed the ROD for the 158th Fighter Wing's Proposed Realignment of National Guard Avenue and New Main Gate Construction, Vermont Air National Guard, Burlington International Airport, South Burlington, Vermont. The ROD states the Air Force decision to implement the preferred alternative (Alternative 1Realignment of a portion of National Guard Avenue to meet recommended stand-off distance between perimeter fence and mission critical resources and personnel). The decision was based on matters discussed in the Final Environmental Impact Statement (EIS) for the Proposed Realignment of National Guard Avenue and New Main Gate Construction, inputs from the public and regulatory agencies, and other relevant factors. The Final EIS was made available to the public on August 13, 2010 through a NOA in the Federal Register (Volume 75, Number 156, Page 49487) with a wait period that ended on September 14, 2010. The ROD documents only the decision of the Air Force with respect to the proposed Air Force actions analyzed in the Final EIS. Authority: This NOA is published pursuant to the regulations (40 CFR Part 1506.6) implementing the provisions of the NEPA of 1969 (42 USC. 4321, et seq.) and the Air Force's Environmental Impact Analysis Process (EIAP) (32 CFR Parts 989.21(b) and 989.24(b)(7)).
Revitalizing Base Closure Communities and Addressing Impacts of Realignment
Economic Development Conveyances were created in amendments to the Base Closure and Realignment law in 1993, creating a new tool for communities experiencing economic dislocation from the closing of a major employer in the community. Congress recognized that the existing authority under the Federal Property and Administrative Services Act of 1949 (as amended and otherwise known as the Real Property Act) was not structured to deal with the unique challenges of assisting community economic recovery and job creation of such large installations, many with decaying or obsolete infrastructure and other redevelopment challenges. Section 2715 of Public Law 111-84 changed the authority of the Department of Defense to convey property to a local redevelopment authority (LRA) for purposes of job generation on a military installation closed or realigned under a base closure law, known as an Economic Development Conveyance (EDC). Under this revised authority, the Department is no longer required to seek to obtain fair market value for an EDC: An EDC may be for consideration at or below the estimated fair market value, including for no consideration. The law also now explicitly provides authority for the Department to be flexible regarding the form of consideration, including the authority to accept consideration in the form of revenue sharing or so-called ``back-end'' funding. (i.e., ''The Secretary may accept, as consideration, a share of the revenues that the redevelopment authority receives from third-party buyers or lessees from sales and long-term leases of the conveyed property, consideration in kind (including goods and services), real property and improvements, or such other consideration as the Secretary considers appropriate.'') The revised language also provides that the Department's determination of the consideration may account for the economic conditions of the local affected community and the estimated costs to redevelop the property. This proposed regulation provides guidance to implement recent changes to the law and makes other improvements that encourage expedited property transfers for job creation that allow for the Department to obtain a share of the revenues obtained.
Inland Waterways Users Board; Request for Nominations
Section 302 of Public Law 99-662 established the Inland Waterways Users Board. The Board is an independent Federal advisory committee. The Secretary of the Army appoints its 11 members. This notice is to solicit nominations for 10 (ten) appointments or reappointments to two-year terms that will begin after June 15, 2011.
Defense Federal Acquisition Regulation Supplement; Technical Amendments
DoD is making technical amendments to the Defense Federal Acquisition Regulation Supplement (DFARS) to set forth references to supplementary information and procedures pertaining to specific categories of DoD acquisitions.
Privacy Act of 1974; System of Records
The Department of the Navy proposes to amend a system of records in its 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 Department of the Air Force 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.
Privacy Act of 1974; System of Records
The Office of the Secretary of Defense is deleting a systems of record notice from 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
Department of the Army proposes to alter 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.
Record of Decision for the U.S. Marine Corps East Coast Basing of the F-35B Aircraft
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 with change 2 (MCO P5090.2A), the DoN announces its decision to base and operate 11 operational F-35B Joint Strike Fighter (JSF) squadrons (up to 16 aircraft per squadron, for a total of 176 aircraft) and one Pilot Training Center (PTC) (composed of two Fleet Replacement Squadrons [FRS]) (up to 20 aircraft per squadron, for a total of 40 aircraft) at two locations on the East Coast of the United States (U.S.). More specifically, the DoN has decided to implement Alternative 1, the Preferred Alternative, which includes basing three F-35B operational squadrons and the PTC at Marine Corps Air Station (MCAS) Beaufort in Beaufort, South Carolina, and eight operational squadrons at MCAS Cherry Point in Havelock, North Carolina. To support the basing action, the Marine Corps will: (1) Construct and/or renovate airfield facilities and infrastructure necessary to accommodate and maintain the F-35B squadrons; (2) change personnel to accommodate squadron staffing; and (3) conduct F-35B training operations to attain and maintain proficiency in the operational employment of the F-35B. The F-35B aircraft will replace 84 legacy Marine Corps F/A-18A/B/C/D Hornet and 68 AV-8B Harrier aircraft in the Second Marine Air Wing (2d MAW) and the 4th MAW. All practical means to avoid or minimize environmental impacts resulting from implementation of the Preferred Alternative have been adopted.
Record of Decision for the U.S. Marine Corps West Coast Basing of the F-35B Aircraft
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 with change 2 (MCO P5090.2A), the DoN announces its decision to base and operate 11 operational F-35B Joint Strike Fighter (JSF) squadrons (up to 16 aircraft per squadron, for a total of 176 aircraft), and 1 F-35B Operational Test and Evaluation (OT&E) squadron (8 aircraft) on the West Coast of the United States (U.S.). More specifically, the DoN has decided to implement Alternative 1, the Preferred Alternative, which includes basing six F-35B operational squadrons at Marine Corps Air Station (MCAS) Miramar in San Diego, California, and five operational squadrons plus one OT&E squadron at MCAS Yuma in Arizona. Each operational squadron will consist of up to 16 F-35B aircraft. To support the basing action, the DoN will: (1) Construct and/or renovate airfield facilities and infrastructure necessary to accommodate and maintain the F-35B squadrons; (2) change personnel to accommodate squadron staffing; and (3) conduct F-35B readiness and training operations to attain and maintain proficiency in the operational employment of the F-35B and special exercise operations. The Proposed Action also includes construction and operation of a new Auxiliary Landing Field (ALF) within the Goldwater Range, to accommodate Field Carrier Landing Practice for the F-35B. The F-35B aircraft will replace 126 legacy F/A-18A/B/C/D Hornet and 56 AV-8B Harrier aircraft in the Third Marine Air Wing (3D MAW) and 4th MAW. All practical means to avoid or minimize environmental impacts resulting from implementation of the Preferred Alternative have been adopted.
Pilot Program for the Temporary Exchange of Information Technology Personnel
The Department of Defense (DoD) is issuing regulations to implement provisions contained in section 1110 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2010, October 28, 2009, which authorizes DoD to establish a Pilot Program for the Temporary Exchange of Information Technology (IT) Personnel. This statute authorizes the temporary assignments of DoD IT employees to private sector organizations. This statute also gives DoD the authority to accept IT employees for temporary assignments from private sector organizations. This Pilot is envisioned to promote the interchange of DoD and private sector IT professionals to enhance skills and competencies. The prompt implementation of an interim final rule is crucial in assisting DoD to pilot a program to enhance its position and expertise in the IT field, particularly in cybersecurity. The Administration has expressed considerable interest in the IT area, and stressed its importance in a recent Cyberspace Review Report. Given the changing workforce dynamics in the IT field, DoD needs to take advantage of these types of professional development programs to proactively position itself to keep pace with the changes in technology. The immediate implementation of an Interim Final Rule is viable to enhance IT professional skills, particularly in the area of cybersecurity. Several Components including Defense Information Systems Agency, Defense Advanced Research Projects Agency, Office of Naval Research, Office of the DoD's Chief Information Officer, and Department Air Force, and Department of the Army are ready to participate. The program is not controversial and delayed implementation would deny an important benefit to the Department and the public. The ITEP would serve the public good by enhancing the DoD IT workforce skills to protect and defend our nation.
Privacy Act of 1974; System of Records
The Department of the Navy proposes to amend a system of records in its inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. Sec. 552a), as amended.
Privacy Act of 1974; System of Records
Defense Threat Reduction Agency is amending 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.
Renewal of Department of Defense Federal Advisory Committees
Under the provisions of Section 601(c) of Title VI of Public Law 108-183, 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 Veterans' Advisory Board on Dose Reconstruction (hereafter referred to as the Board). The Board is a non-discretionary Federal advisory committee established to provide review and oversight of the Radiation Dose Reconstruction program and make such recommendation on modifications in the mission, procedures and administration of the Radiation Dose Reconstruction Program as it considers appropriate as a result of the audits conducted under the authority of Section 601(c)(3)(A) of Title VI of Public Law 108-183. The Board shall: a. Conduct periodic, random audits of dose reconstructions under the Radiation Dose Reconstruction program and Decisions by the Department of Veterans Affairs on Claims for service connection of radiogenic diseases; b. Assist the Department of Veterans Affairs and the Defense Threat Reduction Agency in communicating to veterans information on the mission, procedures, and evidentiary requirements of the Radiation Dose Reconstruction Program; c. Carry out such other activities with respect to the review and oversight of the Radiation Dose Reconstruction Program as the Secretary of Defense and Secretary of Veterans Affairs shall jointly specify; d. Make recommendation on modifications to the mission and procedures of the Dose Reconstruction program as the Board considers appropriate as a result of the audits conducted pursuant to (a) above; e. Any additional actions the Secretary of Defense and the Secretary of Veterans Affairs jointly determine are required to ensure that the quality assurance and quality control mechanisms of the Radiation Dose Reconstruction Program are adequate and sufficient for purpose of the program; and f. Any additional actions the Secretary of Defense and the Secretary of Veterans Affairs jointly determine are required to ensure that the mechanisms of the Radiation Dose Reconstruction Program for communication and interaction with veterans are adequate and sufficient for the program. The Under Secretary of Defense (Acquisition, Technology and Logistics), as well as the Department of Veterans Affairs may act upon the Board's advice and recommendations. The Council, pursuant to Section 601(c)(2) of Title VI of Public Law 108-183, shall be comprised of: a. At least one expert in historical dose reconstruction of the type conducted under the Radiation Dose Reconstruction Program; b. At least one expert in radiation health matters; c. At least one expert in risk communications matters; d. A representative of the Defense Threat Reduction Agency and a representative of the Department of Veterans Affairs, and e. At least three veterans, including at least one veteran who is a member of an atomic veterans group. Board members shall be jointly appointed by the Secretary of Defense and Secretary of Veterans Affairs, and the appointments must be renewed on an annual basis. Board members, who are not full-time or permanent part-time Federal officers or employees shall be appointed to serve as experts and consultants under the authority of 5 U.S.C. 3109 and serve as special government employees, whose appointments must be renewed on an annual basis. With the exception of travel and per diem for official travel, Board members shall serve without compensation. With DoD approval, the Board is authorized to establish subcommittees, as necessary and consistent with its mission. These subcommittees shall operate under the provisions of the Federal Advisory Committee Act of 1972, the Government in the Sunshine Act of 1976 (5 U.S.C. 552b), and other governing Federal statutes and regulations. Such subcommittees shall not work independently of the chartered Board and shall report all their recommendations and advice to the Board for full deliberation and discussion. Subcommittees have no authority to make decisions on behalf of the chartered Board; nor can they report directly to the Department of Defense or any Federal officers or employees who are not Board members. Subcommittee members, who are not Board members, shall be appointed in the same manner as the Board members. Such individuals, if not full- time or part-time government employees, shall be appointed to serve as experts and consultants under the authority of 5 U.S.C. 3109, and serve as special government employees, whose appointments must be renewed on an annual basis.
Closed Meeting of the Missile Defense Advisory Committee
Under the provisions of the Federal Advisory Committee Act of 1972 (5 U.S.C., Appendix, as amended) and 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 of the Missile Defense Advisory Committee will take place.
Closed Meeting of the Missile Defense Advisory Committee
Under the provisions of the Federal Advisory Committee Act of 1972 (5 U.S.C., Appendix, as amended) and 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 of the Missile Defense Advisory Committee will take place.
Privacy Act of 1974; System of Records
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.
Privacy Act of 1974; System of Records
Department of the Army is to alter 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.
Intent To Grant an Exclusive License for U.S. Army Owned Inventions to Polymer Processing Institute
The Department of the Army announces that, unless there is an objection, after 15 days it contemplates granting an exclusive license to Polymer Processing Institute, a not-for-profit corporation having a place of business in the New Jersey Institute of Technology Campus in Newark, New Jersey, to produce the following inventions: ARDEC Reference 2006-043, and U.S. patent application 12/ 483420``Foamed Celluloid Mortar Propellant Increment Containers'' Inventors Ming-Wan Young, Costas G. Gogos; Niloufar Faridi; Linjie Zhu; Peter Bonnett; Howard Shimm; Elbert Caravaca; Joseph Palk. ARDEC Reference 2006-043 continuation (disclosure) ``Foamed Celluloid and Applications Therefor''. ARDEC Reference 2009-014 (disclosure)``Prepare Foamed Energetic Material at a High Production Rate''Inventors Linjie Zhu; Fei Shen; Ming-wan Young; Costas G. Gogos; Chong Peng; Mohamed Elalem; Joseph Palk; Howard (Howie) Shimm, Dale Conti; Elbert Caravaca; Peter Bonnett. ARDEC Reference 2009-015 (disclosure)``Prepare Foamed Energetic Material by Expandable Bead Methodology''Inventors Niloufar Faridi; Linjie Zhu; Ming-wan Young; Costas G. Gogos; Kuanyin Lin; Mohamed Elalem; Joseph Palk; Elbert Caravaca; Dale Conti. Any license granted shall comply with 35 U.S.C. 209 and 37 CFR part 404.
Federal Acquisition Regulation; Federal Acquisition Circular 2005-47; Small Entity Compliance Guide
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) 2005-47, which amend the FAR. An asterisk (*) next to a rule indicates that a regulatory flexibility analysis has been performed. Interested parties may obtain further information regarding these rules by referring to FAC 2005-47, which precedes this document. These documents are also available via the Internet at http:/ /www.regulations.gov.
Federal Acquisition Regulation; Technical Amendments
This document makes amendments to the Federal Acquisition Regulation (FAR) in order to make editorial changes.
Federal Acquisition Regulation; Limitation on Pass-Through Charges
The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have adopted as final, with changes, the interim rule amending the Federal Acquisition Regulation (FAR) to implement section 866 of the Duncan Hunter National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2009, which applies to executive agencies other than DoD. DoD is subject to section 852 of the John Warner NDAA for FY 2007, which is also implemented in this final rule. Section 866 requires the Councils to amend the FAR, and section 852 requires the Secretary of Defense to prescribe regulations to minimize excessive pass-through charges by contractors from subcontractors, or from tiers of subcontractors, that add no or negligible value, and to ensure that neither a contractor nor a subcontractor receives indirect costs or profit/fee (i.e., pass-through charges) on work performed by a lower-tier subcontractor to which the higher-tier contractor or subcontractor adds no or negligible value.
Federal Acquisition Regulation; Uniform Suspension and Debarment Requirement
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 section 815 of the National Defense Authorization Act for Fiscal Year 2010. Section 815 extends the flowdown of the restriction on subcontracting to lower tier subcontractors that have been suspended or debarred, with some exceptions for contracts for the acquisition of commercial items and commercially available off-the-shelf items.
Federal Acquisition Regulation; Small Disadvantaged Business Self-Certification
The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are issuing an interim rule amending the Federal Acquisition Regulation (FAR) to incorporate changes made by the Small Business Administration (SBA) to its Small Disadvantaged Business (SDB) Program.
Federal Acquisition Regulation; Preventing Abuse of Interagency Contracts
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 provisions regarding, the Duncan Hunter National Defense Authorization Act (NDAA) for Fiscal Year 2009 requirements for preventing abuse of interagency contracts.
Federal Acquisition Regulation; HUBZone Program Revisions
The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are issuing a final rule amending the Federal Acquisition Regulation (FAR) to implement revisions to the Small Business Administration's HUBZone Program. This case requires that, for award of a HUBZone contract, a HUBZone small business concern must be a HUBZone small business concern both at the time of its initial offer and at the time of contract award. In addition, for general construction or construction by special trade contractors, a HUBZone small business concern must spend at least 50 percent of the cost of contract performance incurred for personnel on its own employees or subcontract employees of other HUBZone small business concerns. The 50 percent requirement may be waived in some circumstances.
Federal Acquisition Regulation; Notification of Employee Rights Under the National Labor Relations Act
The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are issuing an interim rule to amend the Federal Acquisition Regulation (FAR) to implement Executive Order 13496, Notification of Employee Rights Under Federal Labor Laws, as implemented by the Department of Labor (DoL). This Executive Order requires contractors to display a notice to employees of their rights under Federal labor laws, and the DoL has determined that the notice shall include employee rights under the National Labor Relations Act.
Federal Acquisition Regulation; Federal Acquisition Circular 2005-47; Introduction
This document summarizes the Federal Acquisition Regulation (FAR) rules agreed to by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) in this Federal Acquisition Circular (FAC) 2005-47. A companion document, the Small Entity Compliance Guide (SECG), follows this FAC. The FAC, including the SECG, is available via the Internet at https://www.regulations.gov.
Science and Technology Reinvention Laboratory Personnel Management Demonstration Project, Department of Navy, Office of Naval Research
Section 342(b) of Public Law (Pub .L.) 103-337, as amended by section 1114 of Public Law 106-398, authorizes the Secretary of Defense (SECDEF) to conduct personnel management demonstration projects at Department of Defense (DoD) laboratories designated as Science and Technology Reinvention Laboratories (STRLs). Section 1107 of Public Law 110-181, as amended by section 1109 of Public Law 110-417, requires the SECDEF to execute a process and plan to employ the Department's personnel management demonstration project authorities found in section 4703 of title 5, United States Code (U.S.C.) at the STRLs enumerated in section 9902(c)(2) of title 5 U.S.C., as redesignated in section 1105 of Public Law 111-84 and 73 Federal Register (FR) 73248, to enhance the performance of the missions of the laboratories. Section 1107 of Public Law 110-181 further authorizes in subsection 1107(c) that any flexibility available to any demonstration laboratory shall be available for use at any other laboratory as enumerated in section 9902(c)(2) of title 5 U.S.C. The Office of Naval Research (ONR) is listed as one of the designated STRLs. This notice announces the approval of the final personnel demonstration project plan for the ONR. This includes adoption of existing demonstration project flexibilities in other STRL demonstration project plans and any necessary modifications thereto for better conformance to the ONR mission requirements and culture.
Defense Federal Acquisition Regulation Supplement; Business Systems-Definition and Administration (DFARS Case 2009-D038)
DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to improve the effectiveness of DoD oversight of contractor business systems. The comment period is being extended an additional 7 days to provide more time for interested parties to review the proposed DFARS changes.
Notice of Intent to Prepare a Draft Environmental Impact Statement (EIS), Initiate the Public Scoping Period and Host Public Scoping Meetings for the Great Lakes and Mississippi River Interbasin Study (“GLMRIS”); Correction, Clarification, Extension of the Public Scoping Period and Announcement of Additional Public Scoping Meeting Locations
Reference the Notice of Intent published in the Federal Register on Tuesday, November 16, 2010, Volume 75, number 220, pages 69983-5. This notice contains corrections and clarifications to this November 16, 2010 notice, extends the public comment period and identifies additional locations for the GLMRIS public scoping meetings. The corrections are typographical errors found in the ``Scoping and Involvement'' section of the November 16, 2010 notice (75 FR 69983). Among the clarifications is information related to the timeframe of on- line registration for those wanting to make an oral comment at a public meeting, as well as the benefit of registering on-line. The registration process is found in the ``Scoping and Involvement'' section of the November 16, 2010 notice (75 FR 69983). For convenience, the SUPPLEMENTARY INFORMATION section of the November 16, 2010 notice (75 FR 69983) has been reprinted with corrections, clarifications, and new text announcing the locations where USACE will host scoping meetings and the extension of the public scoping period.
Environmental Impact Statement (EIS) for Construction and Operation of a Panoramic Survey Telescope and Rapid Response System (Pan-STARRS) at the Summit of Mauna Kea, HI
Pursuant to the National Environmental Policy Act (NEPA) of 1969, as amended (42 United States Code 4321, et seq.), the Council on Environmental Quality Regulations for implementing the procedural provisions of NEPA (40 Code of Federal Regulation (CFR) Parts 1500- 1508), and U.S. Air Force (USAF) policy and procedures (32 CFR part 989), the USAF issued a notice on 10 Jan 07 advising the public of its intent to prepare an EIS evaluating potential environmental impacts associated with construction and operation of the proposed Panoramic Survey Telescope and Rapid Response System (Pan-STARRS) by the University of Hawaii (UH) Institute for Astronomy (IfA). Pan-STARRS was to be a USAF-funded, UH IfA research program to discover, characterize and track Near-Earth Objects (NEOs), primarily asteroids and comets, whose trajectories pass close enough to Earth that they may pose a danger of collision.
Department of the Air Force and U.S. Army; Notice of Intent To Prepare an Environmental Impact Statement for the Modernization and Enhancement of Ranges, Airspace, and Training Areas in the Joint Pacific Alaska Range Complex in Alaska
The U.S. Air Force and U.S. Army, on behalf of Alaskan Command (ALCOM), are issuing this notice to advise the public of their intent to prepare an environmental impact statement (EIS) evaluating potential environmental impacts associated with modernizing and enhancing current military ground and air training assets in Alaska. This notice is published pursuant to the National Environmental Policy Act (NEPA) of 1969, as amended (42 United States Code [U.S.C] 4321, et seq.); the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA (40 Code of Federal Regulations (CFR) 1500-1508); Executive Orders 11514 and 11991; the Environmental Quality Improvement Act of 1970, as amended (42 U.S.C. 4371 et seq.); the Air Force Environmental Impact Analysis Process (32 CFR 989); and the ``Environmental Analysis of Army Actions'' (32 CFR 651). This Notice of Intent describes the Air Force's and Army's scoping process and identifies ALCOM's point of contact. In accordance with the U.S. Department of Defense (DoD) Directive 1322.18, Military Training, and Commander U.S. Pacific Command (PACOM), Joint Training Program of Excellence, ALCOM as DoD's regional joint headquarters in Alaska, has coordinated with the Services to develop a joint strategy to identify joint training opportunities in Alaska, maximize the utilization of training resources, and improve joint training. The JPARC Modernization and Enhancement EIS will evaluate the elements of this strategy which are reasonably foreseeable. At present, the Joint Pacific Alaska Range Complex (JPARC) consists of all land, air, and sea training areas used by the Army, Navy, and Air Force in Alaska. The military uses the JPARC to conduct testing, unit-level training, and to support various joint exercises and mission rehearsals. The JPARC was originally developed to support cold war weapons, tactics, and techniques. Its current configuration cannot fully meet the training requirement for forces and exercises located in Alaska. The proposed JPARC enhancements would enable realistic, joint training and testing to support emerging technologies, respond to recent battlefield experiences, and train with tactics and new weapons systems to meet combat and national security needs. JPARC enhancements would enable the Services to train realistically and jointly so military personnel could succeed in their mutually supportive combat roles when exposed to situations faced in actual combat. The proposal would modernize existing military training and testing capabilities located in the interior of Alaska through expanding and/or establishing new Military Operations Areas, restricted airspace, airspace corridors, ground maneuver training areas, and training complexes to provide adequate airspace and controlled-access land to test and train under realistic and varied conditions. The EIS will analyze the environmental effects of the proposed changes and their alternatives. All of the actions proposed in this EIS are independent of each other and have stand-alone value for improving training operations. While full implementation of all the proposed actions is desired and would result in the greatest training benefit for aircrew and ground troop training, each of the proposals, if implemented alone, would have a positive effect on the use and/or management of JPARC. Depending on decisions made and the availability of funding, it is possible that some of the actions being proposed could be implemented soon after a Record of Decision (ROD) is issued, some actions could be implemented quite some time after the ROD is issued, some actions may be deferred until such time as they are ripe for decision, and some proposed actions may not be implemented. The following projects are those currently proposed to be addressed in the JPARC Modernization and Enhancement EIS. Fox 3 Military Operations Area (MOA) Expansion and New Paxon MOA: The Air Force and Army propose to expand the Fox 3 MOA and establish a new, adjacent Paxon MOA to provide the vertical and horizontal airspace structure needed to better accommodate low-altitude threat and multiple-axis mission activities during JPARC training exercises. The Air Force and Army intend to consider the following alternatives, as well as a No Action Alternative: Alternative A includes the proposed expanded Fox 3 MOA and the proposed new Paxon MOA with both the high- and low-altitude MOAs; Alternative B includes only the Fox 3 MOA expansion (as in Alternative A) without the new Paxon MOA; Alternative C includes the Fox 3 MOA expansion without the low-altitude MOA; Alternative D proposes keeping the Fox 3 MOA boundaries the same as they currently exist, but separating the MOA into four subdivided sectors, as well as high- and low-altitude MOAs. The low-altitude MOA would extend from 500 feet above ground level (AGL) up to, but not including, 5,000 feet AGL. The high-altitude MOA elevation Realistic Live Ordnance Delivery: As the range and lethality of modern weapons increase, so do the amounts of training area and airspace required to safely and effectively train with these weapons. The current ranges and restricted airspace of the JPARC are not capable of supporting realistic training with modern and emerging weapons. The Army and Air Force propose to establish a realistic air and ground training environment that would accommodate live ordnance delivery of modern and emerging weapons by considering the following alternatives, as well as a No Action Alternative: Alternative A proposes the use of existing targets in the Oklahoma Impact Area within Restricted Area 2202 (R-2202) with the expansion of this restricted airspace to the west to encompass the airspace and underlying lands; Alternative B proposes that live ordnance delivery make use of existing targets at the Oklahoma and Blair Lakes Impact Areas with new restricted airspace established that links R-2211 and R-2202. Based on the ceiling altitude of R-2211 as flight level (FL) 310 and the upper altitude of R-2202 being FL310, the proposed altitude for the restricted airspace linking these two restricted areas would also be FL310. Higher altitudes may be required for some live-fire ordnance profiles; Alternative C proposes weapons corridors through the Eielson Military Operations Area and overlying air traffic control assigned airspace that would provide two protective pathways for live ordnance use within the Oklahoma Impact Area. These corridors would be approximately 10 miles in width and extend from FL200 to FL310, as needed, to accommodate the delivery altitudes of the ordnance types being delivered. Joint Combined Arms Live Fire (JCALF): Current tactics and techniques established in the Iraq and Afghanistan theaters of operation require the Army to regularly integrate attack aviation into collective and unit-level training. There are currently no facilities available in the JPARC which are capable of supporting this type of training. The Army proposes to establish restricted airspace to support JCALF training over the Battle Area Complex (BAX) located in the Donnelly Training Area (DTA), near Delta Junction, and the Digital Multipurpose Training Range located in the Yukon Training Area (YTA). The Army and Air Force intend to consider the following alternative, as well as a No Action Alternative, or other reasonable alternative developed during scoping: Alternative A proposes to establish new restricted airspace over the BAX in the DTA to support controlled firing areas and new restricted airspace located within YTA. This restricted airspace would provide protective areas for the hazardous activities and weapons surface danger zones of sufficient size for the types of ordnance used. Night Joint Training: Combat situations during the hours of limited visibility require using advanced night vision technology. Training with this equipment can only be conducted at night. The Army and Air Force intend to consider the following alternatives, as well as a No Action Alternative: Alternative A proposes to extend the special use airspace hours to accommodate night training for major flying exercises (MFE) during March and October. The hours are currently set to cease training activities by 10 p.m., with landing by 11 p.m., local time; Alternative B proposes to extend the JPARC operating hours to allow tactical flight operations until midnight and landing by 1 a.m., local time, during March and October. This would allow night training during these months from a minimum of 1.5 hours to a maximum of 2.5 hours for each exercise; Alternative C proposes to extend the JPARC operating hours to allow tactical flight operations until midnight and landing by 1 a.m., local time, during all months of the year and for all training purposes, not just for MFEs, as is the current situation. Remotely Piloted Aircraft (RPA)/Unmanned Aerial Vehicle (UAV) Access: RPA/UAVs conduct reconnaissance and surveillance activities; RPA/UAV access throughout the JPARC ranges and airspace is critical to enhance JPARC training and exercises. The following RPA/UAV corridors have been developed as individual, standalone proposed actions and alternatives: Eielson Air Force Base (AFB) to Restricted Area 2211 (R- 2211); Eielson AFB Class D airspace to R-2205; Allen Field to R-2202; R-2202 to R-2211; R-2205 to R-2202; Fort Wainwright to R-2211; and Fort Wainwright to R-2205. The Air Force and Army intend to consider the following alternatives, as well as a No Action Alternative: Alternative A would establish new restricted airspace for each RPA/UAV corridor identified above; Alternative B would establish restricted airspace via a Certificate of Authorization, or other suitable airspace designated by the Federal Aviation Administration for each RPA/UAV corridor identified above. Enhanced Access to Existing Maneuver Space: Services currently lack year-round accessibility in the Tanana Flats, Donnelly, and Yukon Training Areas. The Army and Air Force intend to consider the following alternatives, as well as a No Action Alternative: Alternative A follows the proposed railroad alignment 11 miles and crosses the Tanana Flats along an existing winter-access trail to higher ground around Blair Lakes; Alternative B follows the proposed railroad alignment 8 miles before crossing the Tanana Flats toward Hill 1406. The route traverses the eastern slopes of Hill 1406, then a broad terrace southeast toward Blair Lakes, crossing Dry Creek near Blair Lakes; Alternative C follows existing trail systems southwest across the Tanana Flats toward Hill 1406, avoiding open areas as much as possible. From Hill 1406, two possible routes to Blair Lakes are being considered: The first traverses the eastern slopes of Hill 1406 and then a broad terrace southeast toward Blair Lakes, crossing Dry Creek near Blair Lakes; the second route remains on the flats north of Hill 1406, crossing Dry Creek where the creek enters the flats, then running up the Dry Creek Valley to the higher ground around Blair Lakes; Alternative D is similar to Alternative C, except it takes a more direct route from the Tanana River toward Hill 1406. From Hill 1406, two routes to Blair Lakes are being considered: The first traverses the eastern slopes of Hill 1406, then a broad terrace southeast toward Blair Lakes, crossing Dry Creek near Blair Lakes; the second route remains on the flats north of Hill 1406, crossing Dry Creek, and then running up the Dry Creek Valley to higher ground around Blair Lakes. Joint Air-Ground Integration Complex (JAGIC): The Army requires a facility to train and test air and ground combat units on skills necessary to detect, identify, and effectively engage targets while directing Attack Aviation as in actual combat. A modern facility designed to support this type of training does not exist in the JPARC. The Army proposes to develop the JAGIC to provide this capability. The Army and Air Force intend to consider the following alternatives, as well as a No Action Alternative: Alternative A proposes to locate the JAGIC in the central area of Donnelly Training Area-West, proximate to the western boundary of the Oklahoma Impact Area; Alternative B proposes to locate the JAGIC in the Stuart Creek Impact Area within the Yukon Training Area; Alternative C proposes to locate the JAGIC in the Blair Lakes Impact Area near the southern boundary of the Tanana Flats Training Area under the existing Restricted Area 2211 (R-2211). Intermediate Staging Bases (ISBs): Currently, Soldiers and airmen spend up to 6 hours traveling to and from training sites within the JPARC. This travel reduces available training time and increases risks of traffic accidents. The Army proposes to locate and construct a 1,000- Soldier ISB near the existing Battle Area Complex (BAX), along with three 200- to 500-Soldier ISBs at Yukon Training Area (YTA), Donnelly Training Area-West (DTA-West), and Salcha to reduce travel time, increase safety, and increase available training time. The Army and Air Force intend to consider the following alternatives, as well as a No Action Alternative: Alternative A proposes to provide a permanent 1,000-Soldier ISB near existing BAX, along with three permanent 200- to 500-Soldier ISBs at YTA, DTA-West, and Salcha. The facility is intended for joint use. ISBs are proposed at key points along the planned rail corridor close to the planned bridge crossings; Alternative B proposes to use existing temporary ``relocatable'' ISB facilities over the next 7 years, and then replace them with permanent facilities. Missile Live Fire for AIM-9X and AIM-120: The AIM-9X and AIM-120 missile systems are the main air-to-air armaments for the F-22 Raptor and F-15 Eagle. For effective training to be conducted with these systems, live training shots need to be executed as part of both individual pilot training and joint training exercises with other air and ground units. The Air Force and Army intend to consider the following alternative, as well as a No Action Alternative, or other reasonable alternative developed during scoping: Alternative A proposes to consider the existing Temporary Maritime Activities Area (300 nautical miles [NM] long by 150 NM wide; 0 feet above ground level [AGL]flight level (FL) 600; includes subsurface operating areas), and Warning Area 612 (WA-612) (0 feet AGL-FL290) in the Gulf of Alaska for the missile live fire delivery of the AIM-9X and AIM-120 missiles by Air Force F-22 fighter aircraft. Joint Precision Airdrop System (JPADS) Drop Zones: JPADS is a GPS [global positioning system]-guided precision airdrop system designed to deliver supplies and equipment to ground forces. JPADS is not currently used within the JPARC. Alaska-based airmen with the requirement to train on JPADS must currently travel to Yuma Proving Grounds in Arizona to conduct this training. The Army and Air Force propose to establish JPADS drop zones as part of JPARC training exercises. The Army and Air Force intend to consider the following alternatives, as well as a No Action Alternative: Alternative A proposes conducting JPADS operations at a reduced altitude sufficient to ensure the airdrop land within Restricted Area 2205 (R-2205) in the Yukon Training Area; Alternative B proposes conducting JPADS operations at a reduced altitude sufficient to ensure the airdrop land within in the Donnelly Training Area Oklahoma Impact Area. (The key distinction between Alternatives A and B is that R-2205 currently has more time and space available to accommodate JPADS drop zone training exercises.) The EIS will address environmental consequences to airspace, noise, safety, biological resources, socioeconomics, transportation, cultural resources, water resources, wetlands, air quality, land use, hazardous materials, recreation and visual resources, environmental justice and risks to children, subsistence, and cumulative impacts. Public and agency scoping may identify other environmental resources for consideration in the EIS. The Army and Air Force will invite the Bureau of Land Management, Environmental Protection Agency, Federal Aviation Administration, National Marine Fisheries Service, National Park Service, and U.S. Fish and Wildlife Service to be cooperating agencies in preparation of this EIS. ALCOM will coordinate government-to-government consultation with Federally recognized Tribes, following DoD policy. Scoping Meetings: The Army and Air Force, with the support of ALCOM, will conduct public scoping meetings in communities likely to be affected by the proposed action to solicit public and agency input. The purpose of scoping is to obtain public, Alaska Native, and government input on the proposed action and alternatives, as well as to gain a better understanding of the potential issues and concerns related to this proposal. The schedule and locations of the scoping meetings are provided below:
Revised Non-Foreign Overseas Per Diem Rates
The Per Diem, Travel and Transportation Allowance Committee is publishing Civilian Personnel Per Diem Bulletin Number 272. This bulletin lists revisions in the per diem rates prescribed for U.S. Government employees for official travel in Alaska, Hawaii, Puerto Rico, the Northern Mariana Islands and Possessions of the United States. AEA changes announced in Bulletin Number 194 remain in effect. Bulletin Number 272 is being published in the Federal Register to assure that travelers are paid per diem at the most current rates.
36(b)(1) Arms Sales Notification
The Department of Defense is publishing the unclassified text of a section 36(b)(1) arms sales notification. This is published to fulfill the requirements of section 155 of Public Law 104-164 dated 21 July 1996.
36(b)(1) Arms Sales Notification
The Department of Defense is publishing the unclassified text of a section 36(b)(1) arms sales notification. This is published to fulfill the requirements of section 155 of Public Law 104-164 dated 21 July 1996.
36(b)(1) Arms Sales Notification
The Department of Defense is publishing the unclassified text of a section 36(b)(1) arms sales notification. This is published to fulfill the requirements of section 155 of Public Law 104-164 dated 21 July 1996.
36(b)(1) Arms Sales Notification
The Department of Defense is publishing the unclassified text of a section 36(b)(1) arms sales notification. This is published to fulfill the requirements of section 155 of Public Law 104-164 dated 21 July 1996.
Privacy Act of 1974; System of Records
The Defense Information Systems Agency is altering 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.
Privacy Act of 1974; System of Records
The Defense Information Systems Agency is altering 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.
Meeting of the Reserve Forces Policy Board (RFPB)
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, the Department of Defense announces the following Federal advisory committee meeting: Name of Committee: Reserve Forces Policy Board (RFPB). Date: Tuesday and Wednesday, January 24th and 25th, 2011. Time: 8 a.m.4:30 p.m. (both days). Location: Meeting address is Rm 3E863, Pentagon, Arlington, VA. Mailing address is Reserve Forces Policy Board, 7300 Defense Pentagon, Washington, DC 20301-7300. Purpose of the Meeting: An open meeting of the Reserve Forces Policy Board. Agenda: The Board, acting through the Assistant Secretary of Defense for Reserve Affairs, is the principal policy advisor to the Secretary of Defense on matters relating to the Reserve Components. The Board will set forth the 2011 meeting schedule focusing on concerns regarding the future of the Reserve Components. Meeting Accessibility: Pursuant to 5 U.S.C. 552b, as amended, and 41 CFR 102-3.140 through 102-3.165, and the availability of space, this meeting is open to the public. To request a seat, contact the Designated Federal Officer not later than 12/24/10 at 703-697-4486, or by e-mail, RFPB@osd.mil. Written Statements: Pursuant to 41 CFR 102-3.105(j) and 102-3.140, the public or interested organizations may submit written statements to the membership of the Reserve Forces Policy Board at any time or in response to the stated agenda of a planned meeting. Written statements should be submitted to the Reserve Forces Policy Board's Designated Federal Officer. The Designated Federal Officer's contact information can be obtained from the GSA's FACA Databasehttps://www.fido.gov/ facadatabase/public.asp. Written statements that do not pertain to a scheduled meeting of the Reserve Forces Policy Board may be submitted at any time. However, if individual comments pertain to a specific topic being discussed at a planned meeting then these statements must be submitted no later than five business days prior to the meeting in question. The Designated Federal Officer will review all submitted written statements and provide copies to all the committee members.
Defense Intelligence Agency 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 has been scheduled as follows:
Meeting of the Department of Defense Task Force on the Care, Management, and Transition of Recovering Wounded, Ill, and Injured Members of the Armed Forces (Subsequently Referred to as the Task Force)
Pursuant to Section 10 (a), Public Law 92-463, as amended, notice is hereby given of a forthcoming meeting of the Department of Defense Task Force on the Care, Management, and Transition of Recovering Wounded, Ill, and Injured Members of the Armed Forces (subsequently referred to as the Task Force). The purpose of the meeting is for the Task Force Members to convene and discuss the current year of effort. The meeting is open to the public, subject to the availability of space. Interested persons may submit a written statement for consideration by the Task Force. Individuals submitting a written statement must submit their statement through any of the means listed below in the Contact Information Section, NLT 5 p.m., Tuesday, December 28, 2010. Written statements must be sent either by fax, e-mail, or through a mail carrier; no hand delivered materials will be accepted. Materials sent through a mail carrier must be marked ``Wounded Warrior Task ForceTime Sensitive January Meeting'' on the exterior packaging. If a written statement is not received by Tuesday, December 28, 2010, prior to the meeting, which is the subject of this notice, it may not be provided to or considered by the Task Force until its next open meeting. The Designated Federal Officer will review all timely submissions for the January meeting with the Task Force Co-Chair and ensure all submissions are provided to the Members of the Task Force. If individuals are interested in making an oral statement during the Public Forum time period, a written statement for a presentation of two minutes must be submitted as above and must identify it is being submitted for an oral presentation by the person making the submission. Identification information must be provided and at a minimum must include a name and a phone number. After reviewing the 2 minute written comments for oral presentation, the Co-Chair and the Designated Federal Officer will determine whom of the persons requesting an oral presentation will be able to make an oral presentation during the Public Forum portion of this meeting or at a future meeting. Determination of who will be making an oral presentation will depend on the submitted topics relevance to the Task Force's Charter. Individuals may visit the Task Force Web site at https://dtf.defense.gov/wwtf/ to view the Charter. Individuals making presentations will be notified by Tuesday, 4 January 2011. If you are not notified, you will not be making a presentation, however your materials will be provided to the Task Force members. Oral presentations will be permitted only on Friday January 7, 2011 from 9 a.m. to 9:15 a.m. before the full Task Force. Number of oral presentations will not exceed five, with one minute of questions available to the Task Force members per presenter. Presenters should not exceed their two minutes and will be asked to stop at their two-minute marks so Task Force members can ask questions. Dates and Times: January 6, 2011, 2 p.m.-6 p.m., January 7, 2011 8:30 a.m-3 p.m. Location: JW Marriott Washington, DC, 1331 Pennsylvania Ave, NW., Washington, DC 20004. Contact Information: Mail Delivery service through Wounded Warrior Task Force, Hoffman Building II, 200 Stoval St, Alexandria, VA 22332- 4013 ``Mark as Time Sensitive for January Meeting.'' E-mails to taskforce.woundedwarrior@wso.whs.mil. Telephone (703) 325-6640. Fax (703) 325-6710.
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.
Office of the Under Secretary of Defense for Personnel and Readiness; Meeting of the Department of Defense Military Family Readiness Council (MFRC)
Pursuant to Section 10(a), Public Law 92-463, as amended, notice is hereby given of a forthcoming meeting of the Department of Defense Military Family Readiness Council (MFRC). The purpose of the Council meeting is to review the military family programs which will be the focus for the Council for next year, review the status of warrior care, and address selected concerns of military family organizations. The meeting is open to the public, subject to the availability of space. Persons desiring to attend may contact Ms. Melody McDonald at 571-256-1738 or e-mail FamilyReadinessCouncil@osd.mil no later than 5 p.m. on Friday, 10 December 2010 to arrange for parking and escort into the conference room inside the Pentagon. Interested persons may submit a written statement for consideration by the Council. Persons desiring to submit a written statement to the Council must notify the point of contact listed below no later than 5 p.m., Wednesday, 8 December 2010. Due to internal DoD difficulties, beyond the control of the Department of Defense Military Family Readiness Council or its Designated Federal Officer, the Government was unable to process the Federal Register notice for the December 14, 2010 meeting of the Department of Defense Military Family Readiness Council as required by 41 CFR 102-3.150(a). Accordingly, the Committee Management Officer for the Department of Defense, pursuant to 41 CFR 102-3.150(b), waives the 15-calendar day notification requirement.
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.
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.
Waiver of 10 U.S.C. 2534 for Certain Defense Items Produced in the United Kingdom
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.
Defense Federal Acquisition Regulation Supplement; Restriction on Ball and Roller Bearings (DFARS Case 2006-D029)
DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to revise the domestic source restriction on acquisition of ball and roller bearings. This final rule, which implements the DoD annual appropriations act domestic source restrictions, requires that each ball or roller bearing be manufactured in the United States, its outlying areas, or Canada, and that the cost of the bearing components manufactured in the United States, its outlying areas, or Canada, shall exceed 50 percent of the total cost of the bearing components of that ball or roller bearing.
Defense Federal Acquisition Regulation Supplement; Restrictions on the Use of Mandatory Arbitration Agreements (DFARS Case 2010-D004)
DoD is converting an interim rule to a final rule with changes. The interim rule implemented section 8116 of the DoD Appropriations Act for Fiscal Year 2010 to restrict the use of mandatory arbitration agreements when awarding contracts that exceed $1 million when using Fiscal Year 2010 funds appropriated or otherwise made available by the DoD Appropriations Act. It allows the Secretary of Defense to waive applicability to a particular contractor or subcontractor, if determined necessary to avoid harm to national security.
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