Department of Defense 2010 – Federal Register Recent Federal Regulation Documents

DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to revise DFARS part 245, Government Property, to reflect the recent revisions to FAR part 45, Government Property.

DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS), regarding Contractor Personnel Authorized to Accompany U.S. Armed Forces Deployed Outside the United States, to ensure contractor employees are aware of the DoD definition of ``sexual assault'' as defined in DoD Directive 6495.01, Sexual Assault Prevention and Response (SAPR) Program. In addition to ensuring an awareness of the definition, the proposed change will inform contractors that, for contractor employees accompanying U.S. Armed Forces, such offenses are covered under the Uniform Code of Military Justice.

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.

Under the provisions of 10 U.S.C. 1114 and 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 Department of Defense Medicare-Eligible Retiree Health Care Board of Actuaries (hereafter referred to as the ``Board''). The Board is a non-discretionary Federal advisory committee that shall provide independent advice and recommendations related to actuarial matters associated with the Department of Defense Medicare- Eligible Retiree Health Care Fund and on matters referred by the Secretary of Defense, including that regarding; a. Valuations of the Fund under Title 10, United States Code, Section 1115(c); b. Recommendations for such changes as in the Board's judgment are necessary to protect the public interest and maintain the Fund on a sound actuarial basis; and c. Advice the Secretary of Defense on all actuarial matters necessary to make determinations in order to finance liabilities of the Fund on an actuarially sound basis. The Secretary of Defense, through the Under Secretary of Defense (Personnel and Readiness), may act upon the Board's advice and recommendations. The Board shall be composed of not three Board members appointed by the Secretary of Defense from among qualified professional actuaries who are members of the Society of Actuaries. Except for those member of the Board who were first appointed under Title 10, United States Code, Section, Section 1114(B), the Board members shall serve for a term of 15 years; except those Board members appointed to fill a vacancy occurring before the end of the term for which the predecessor was appointed shall serve only until the end of such term. Board members may serve after the end of the term until a successor has taken office. No Board member, other than those originally appointed for less than 15-year term or a Board member appointed to fill an unexpired term may be reappointed for successive terms. Board members shall be appointed by the Secretary of Defense, and their membership shall be renewed by the Secretary of Defense on an annual basis. A member of the Board may be removed by the Secretary of Defense for misconduct or failure to perform functions vested in the Board, and for no other reason. Board members appointed by the Secretary of Defense, who are not full-time or permanent part-time federal officers or employees, shall serve as special government employees under the authority of 5 U.S.C. 3109, and shall, under the authority of 10 U.S.C. 1114(a)(3), serve with compensation, to include travel and per diem for official travel, in accordance with Title 5, United States Code, Section 5703. The Chairperson of the Board shall be designated by the Under Secretary of Defense (Personnel and Readiness), on behalf of the Secretary of Defense. 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.

The Department of the Navy (DoN) 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 (DAJAG) (Admiralty and Maritime Law) has determined that USS ANTIETAM (CG 54) 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.

This rule establishes policy and assigns responsibilities for health care eligibility under the Secretarial Designee Program. It also implements the requirement that the United States receive reimbursement for inpatient health care provided in the United States to foreign military or diplomatic personnel or their dependents, except in certain cases covered by Reciprocal Health Care Agreements (RHCAs) between the Department of Defense and a foreign country.

DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to strongly encourage discussions prior to award for source selections of procurements estimated at $100 million or more. The proposed change was recommended by the DoD Source Selection Joint Analysis Team.

DoD is adopting as final, with a minor change, an interim rule amending the DFARS to implement section 819 of the National Defense Authorization Act for Fiscal Year 2010. Section 819 places limitations on certain types of line items and contract options that may be included in contracts initially awarded pursuant to competitive solicitations.

DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to conform it to changes in the Federal Acquisition Regulation (FAR) relating to annual representations and certifications.

This notice sets forth the schedule and summary agenda for the autumn meeting of the Board of Visitors (BoV) for the Western Hemisphere Institute for Security Cooperation (WHINSEC). Notice of this meeting is required under the Federal Advisory Committee Act (Pub. L. 92-463). The Board's charter was renewed on March 18, 2010 in compliance with the requirements set forth in Title 10 U.S.C. 2166. Date: Friday, December 3, 2010. Time: 8 a.m. to 3 p.m. Location: 7161 Richardson Circle, Fort Benning, Georgia. Proposed Agenda: The WHINSEC BoV will be briefed on activities at the Institute since the last Board meeting on June 17, 2010, as well as receive other information appropriate to its interests.

The Independent Panel to Review the Judge Advocate Requirements of the Department of the Navy (DoN) (hereinafter referred to as the Panel) will hold an open meeting. The Panel will meet in order to conduct deliberations and may hear witness testimony concerning the judge advocate requirements of the DoN. The session will be open to the public, subject to the availability of space. In keeping with the spirit of the Federal Advisory Committee Act (FACA), the Panel welcomes written comments concerning its work from the public at any time. Interested citizens are encouraged to attend the sessions.

In accordance with the requirements of Section 1308 of the National Defense Authorization Act for Fiscal year 2004 (Pub. L. 108- 136) as amended by Section 1305 of the National Defense Authorization Act for Fiscal year 2008 (Pub. L. 110-181), the Secretary of Defense has determined that the obligation and expenditure of Cooperative Threat Reduction (CTR) funds for the implementation of CTR programs in Pakistan and Afghanistan will permit the United States to take advantage of an opportunity to achieve long-standing nonproliferation goals. The Secretary of Defense further determined that these cooperative threat reduction activities will be completed within a short period of time, and that the Department of Defense is the entity of the Federal Government that is most capable of carrying out such projects or activities. The Deputy Secretary of State concurred with the determination of the Secretary of Defense.

The Department of the Army 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.

Pursuant to the provisions of section 10 of Public Law 92-463, the Federal Advisory Committee Act, notice is hereby given of closed meetings of the Department of Defense Wage Committee.

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.

In accordance with 35 U.S.C. 209(e), and 37 CFR 404.7 (a)(1)(i) and 37 CFR 404.7 (b)(1)(i), announcement is made of the intent to grant an exclusive, revocable license for the invention claimed in the patent application PCT/US2009/045818, filed June 1, 2009, entitled, ``Meningococcal Multivalent Native Outer Membrane Vesicle Vaccine, Methods of Making and Use Thereof,'' to Merck Sharp & Dohme Corp., with its principal place of business at One Merck Drive, Whitehouse Station, NJ 08889-3400.

The Department of Defense has issued an interim response and disposition of comments received in connection with the Defense Personal Property Program (DP3), Phase III Final-Draft Business Rules. The notice was published in the Federal Register April 1, 2010 (75 FR 16445-16446). The interim response and disposition of comments can be viewed on the USTRANSCOM Web site (under misc) at https:// www.transcom.mil/dtr/part-iv/misc.cfm. Additional review of remaining comments received is on-going. Any subsequent changes will be published in a Federal Register Announcement and incorporated into the Defense Transportation Regulation (DTR) Part IV (DTR 4500.9R).

The Chicago District, U.S. Army Corps of Engineers (USACE) announces its intent to (1) prepare a Draft EIS, (2) accept public comments and (3) host a public scoping meeting in Chicago for GLMRIS. In collaboration with other Federal, State, and local agencies as well as non-governmental entities, USACE is conducting a feasibility study of the options and technologies that could be applied to prevent or reduce the risk of aquatic nuisance species (ANS) transfer between the Great Lakes and Mississippi River basins through aquatic pathways.

The Per Diem, Travel and Transportation Allowance Committee is publishing Civilian Personnel Per Diem Bulletin Number 271. 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 271 is being published in the Federal Register to assure that travelers are paid per diem at the most current rates.

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.

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.

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.

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.

This part continues to authorize the Homeowners Assistance Program (HAP) to financially compensate eligible military and civilian Federal employee homeowners when the real estate market is adversely affected directly related to the closure or reduction-in-scope of operations due to Base Realignment and Closure (BRAC). The American Recovery and Reinvestment Act of 2009 (ARRA) expanded the HAP to provide assistance to: Wounded members of the Armed Forces (30 percent or greater disability), surviving spouses of fallen warriors, and wounded Department of Defense (DoD) civilian homeowners reassigned in furtherance of medical treatment or rehabilitation or due to medical retirement in connection with their disability; Base Realignment and Closure (BRAC) 2005 impacted homeowners relocating during the mortgage crisis; and Service member homeowners undergoing Permanent Change of Station (PCS) moves during the mortgage crisis.

The Defense Information Systems Agency is proposing to add a system of records to its inventory of records system subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended.