Department of Defense February 2011 – Federal Register Recent Federal Regulation Documents

The Executive Director of the Army's Installation Management Command (IMCOM) has reviewed the Final Environmental Impact Statement (FEIS) for implementing Army GTA decisions at Fort Lewis and YTC and has made the decision to proceed with implementing the Preferred Alternative for the Proposed Action. The Preferred Alternative has several components that consist of stationing up to 1,900 Soldiers at Fort Lewis to implement GTA stationing decisions, the potential stationing of up to approximately 1,000 additional combat service support (CSS) Soldiers, and the potential stationing of a Combat Aviation Brigade (CAB) of up to 2,800 Soldiers. If all stationing components are implemented, the Preferred Alternative would station up to 5,700 Soldiers, along with their Families, at Fort Lewis. Soldiers stationed at Fort Lewis as part of this decision would train at Fort Lewis and YTC. This alternative is summarized in the Army's ROD and described fully in Chapter 2 of the FEIS.

The U.S. Army Corps of Engineers (Corps) is correcting a final rule that appeared in the Federal Register of February 4, 2011 (76 FR 6327), establishing a restricted area in the waters of the Potomac River extending offshore from the Marine Corps Air Facility (MCAF) at Marine Corps Base Quantico (MCB Quantico), located in Quantico, Virginia.

The U.S. Air Force and U.S. Army, on behalf of Alaskan Command (ALCOM), are issuing this notice to advise the public of the extension to submit scoping comments. The initial Notice of Intent published in the Federal Register on December 8, 2010 (Federal Register Vol. 75, No. 235, 76444), requested scoping comments no later than February 4, 2011. The Air Force and Army have extended the deadline for submitting scoping comments to March 4, 2011. All are encouraged to provide comments on the proposed actions either by mail, postmarked or electronically submitted no later than March 4, 2011, to ensure consideration in the draft EIS. All comments received during this scoping period will be considered in the preparation of the draft EIS. Point of Contact: Please direct any written comments or requests for information to ALCOM Public Affairs, 9480 Pease Avenue, Suite 120, JBER, AK 99506, Phone: 907-552-2341, Fax: 907-552-5411 or submit them electronically at https://www.jparceis.com. You may also request handicap assistance or translation services for the public scoping meetings in advance through the ALCOM Public Affairs Office.

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 Air University Board of Visitors' meeting will take place on Monday, April 18th, 2011, from 8 a.m. to 5 p.m. and Tuesday, April 19th, 2011, from 8 a.m. to 5:30 p.m. The meeting will be held in the Air Force Institute of Technology conference room located in building 646, room 302. Please contact Mrs. Diana Bunch, 334-953-4547, for further details of the meeting location. The purpose of this meeting is to provide independent advice and recommendations on matters pertaining to the educational, doctrinal, and research policies and activities of Air University. The agenda will include topics relating to the policies, programs, and initiatives of Air University educational programs with a particular interest of the Air Force Institute of Technology. Additionally, four subcommittees will meet to discuss issues relating to academic affairs; research; future learning and technology; and institutional advancement. Pursuant to 5 U.S.C. 552b, as amended, and 41 CFR 102-3.155 all sessions of the Air University Board of Visitors' meeting will be open to the public. Any member of the public wishing to provide input to the Air University Board of Visitors should submit a written statement in accordance with 41 CFR 102-3.140(c) and section 10(a)(3) of the Federal Advisory Committee Act and the procedures described in this paragraph. Written statements can be submitted to the Designated Federal Officer at the address detailed below at any time. Statements being submitted in response to the agenda mentioned in this notice must be received by the Designated Federal Officer at the address listed below at least five calendar days prior to the meeting which is the subject of this notice. Written statements received after this date may not be provided to or considered by the Air University Board of Visitors until its next meeting. The Designated Federal Officer will review all timely submissions with the Air University Board of Visitors' Board Chairperson and ensure they are provided to members of the Board before the meeting that is the subject of this notice. Additionally, any member of the public wishing to attend this meeting should contact either person listed below at least five calendar days prior to the meeting for information on base entry passes.

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

The Department of the Air Force is proposing to alter a system of records notice in its existing inventory of records systems subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended.

The Office of the Secretary of Defense is deleting 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.

In compliance with Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Department of the Navy announces a new proposed 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.

DoD is issuing a final rule amending the Defense Acquisition Regulation Supplement (DFARS) to implement section 1335 of the Small Business Jobs Act of 2010. Section 1335 repealed the Small Business Competitiveness Demonstration Program.

DoD is adopting as final, without change, an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement the Fiscal Year 2010 National Defense Authorization Act, section 820, entitled ``Publication of Notification of Bundling of Contracts of the Department of Defense.'' Dates: Effective Date: February 22, 2011.

The U.S. Army Corps of Engineers (Corps), Jacksonville District, has received permit applications for Department of the Army permits under Section 404 of the Clean Water Act (CWA) from phosphate mining companies in Central and Southwest Florida to discharge fill in Waters of the United States for the purpose of phosphate ore extraction (i.e., creation of new phosphate mines, expansions of existing mines, and construction of attendant facilities) within the CFPD. The three specific projects being considered, and their Department of the Army file numbers, are CF Industries' South Pasture Extension (SAJ-1993- 01395), Mosaic Fertilizer LLC's Four Corners Surface Tract (1995- 00794), and Mosaic Fertilizer LLC's Ona Mine (SAJ-1998-02067). The Corps has determined that, when viewed collectively, the separate proposed phosphate mining-related projects have similarities that provide a basis for evaluating their environmental consequences together in one comprehensive environmental impact statement. As part of the permit review process, the Corps is evaluating the environmental effects of these similar actions. The primary Federal involvement associated with the Proposed Action is the discharge of dredged or fill material into Waters of the United States, including jurisdictional wetlands. Issuance of Federal authorizations for the Proposed Activities would constitute a ``Major Federal Action.'' Based on the continued applications for expanded mining in the CFPD, the size of the project area, the CFPD characteristics, and the potential environmental impacts, both individually and cumulatively, of the Proposed Action, the Corps will prepare an Areawide Environmental Impact Statement (AEIS) in compliance with the National Environmental Policy Act (NEPA) to render a final decision on the permit applications. The Corps' decision will be to either issue, issue with modifications, or deny Department of the Army permits for the Proposed Action. The Draft AEIS (DAEIS) is intended to be sufficient in scope to address Federal, State, and local requirements and environmental issues concerning the Proposed Action and permit reviews. The U.S. Environmental Protection Agency (U.S. EPA) has agreed to be a cooperating agency on the study.

The Department of Defense understands that some of its mandates, reporting requirements, and other acquisition practices encourage industry to adopt processes and make investments that increase costs, especially overhead costs, but do not contribute to value added in systems and services delivered to the Department. To implement the memorandum from Under Secretary of Defense (Acquisition, Technology, and Logistics) Dr. Ashton Carter, dated September 14, 2010, Memorandum to Acquisition Professionals, DoD is requesting information from the industrial base to identify the sources of these costs, backed by specific, credible, convincing data. DoD's goal is to develop a fact-based program to reform cost-inflating practices.

The U.S. Army Corps of Engineers (Corps) is soliciting comments for the reissuance of the existing nationwide permits (NWPs), general conditions, and definitions, with some modifications. The Corps is also proposing to issue two new NWPs and two new general conditions. The Corps is requesting comment on all aspects of these proposed nationwide permits. More specifically, the Corps is requesting comments on options for NWP 21, which authorizes discharges of dredged or fill material into waters of the United States associated with surface coal mining activities, such as reissuing NWP 21 with modifications or not reissuing NWP 21. The Corps is also seeking comments on whether to reissue NWP 48 with modifications to authorize new commercial shellfish aquaculture activities or to issue a separate NWP to authorize only new commercial shellfish aquaculture activities. The reissuance process starts with today's publication of the proposed NWPs in the Federal Register for a 60-day comment period. The purpose of this Federal Register notice is to solicit comments on the proposed new and modified NWPs, as well as the NWP general conditions and definitions. Shortly after the publication of this Federal Register notice, each Corps district will publish a public notice to solicit comments on their proposed regional conditions for the new and modified NWPs. The comment period for these district public notices will be 45 days.

The U.S. Department of the Navy (Navy) announces its decision to dispose of the Naval Air Station (NAS) Brunswick property and its outlying properties (defined as the McKeen Street Housing Annex, East Brunswick Radio Transmitter Site, and Sabino Hill Rake Station) in a manner consistent with the Brunswick Naval Air Station Reuse Master Plan as outlined in the Final Environmental Impact Statement (FEIS) under Alternative 1, the Preferred Alternative.

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 a proposed new 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.

This notice informs the public that the Global Positioning Systems Directorate will be hosting an Interface Control Working Group (ICWG) meeting for document ICD-GPS-870, Navstar Next Generation GPS Operational Control Segment (OCX) to User Support Community Interfaces. This document captures the same interface as ICD-GPS-240 (Navstar GPS Control Segment to User Support Community Interfaces), but for the OCX era. Therefore, the meeting will only address the OCX data formats definition and the OCX information assurance requirements for data integrity. The ICWG is open to the general public. For those who would like to attend and participate in this ICWG meeting, you are requested to register to attend the meeting no later than 26 March 2011. Please send the registration to Jaime.valdivia.ctr@losangeles.af.mil and provide your name, organization, telephone number, address, and country of citizenship. More information, including Comments Resolution Matrix (CRM) form, Was/Is Matrix and Redlined ICD, will be posted at: https:// www.gps.gov/technical/ICWG/& https://www.navcen.uscg.gov/ (under the News and Notices section) If you have any comments, please provide them in the CRM form and limit your comments to the Was/Is Matrix and the redlined areas of the ICDs which key on changes to the OCX data formats and IA requirements only. Submit your CRM comments to Jaime Valdivia by 26 March 2011. Date/Time: 28 April 11/8 a.m.-5 p.m. DIAL-IN INFO and LOCATION: Phone Number: 1-800-366-7242 Code: 1745510. Address: SAIC Facility*, 300 N. Sepulveda Blvd, El Segundo, CA 90245, 2nd Floor, CR-2060, * Identification will be required at the entrance of the SAIC facility (Passport, State ID or Federal ID). SAIC facility phone number: 1-310-416-8300.

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 a proposed new 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.

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 following federal advisory committee meeting of the DoD Medicare-Eligible Retiree Health Care Board of Actuaries will take place:

Pursuant to the provisions of section 10 of Public Law 92-463, the Federal Advisory Committee Act, notice is hereby given that closed meetings of the Department of Defense Wage Committee will be held on Tuesday, March 8, 2011, and Tuesday, March 22, 2011.

Under the provision 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 following federal advisory committee meeting of the DoD Board of Actuaries will take place:

Section 342(b) of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 1995, Public Law (Pub. L.) 103-337 (10 U.S.C. 2358 note), as amended by section 1109 of NDAA for FY 2000, Public Law 106-65, and section 1114 of NDAA for FY 2001, Public Law 106-398, authorizes the Secretary of Defense to conduct personnel demonstration projects at DoD laboratories designated as Science and Technology Reinvention Laboratories (STRLs). The above-cited legislation authorizes DoD to conduct demonstration projects to determine whether a specified change in personnel management policies or procedures would result in improved Federal personnel management. Section 1105 of the NDAA for FY 2010, Public Law 111-84, 123 Stat. 2486, October 28, 2009, designates additional DoD laboratories as STRLs for the purpose of designing and implementing personnel management demonstration projects for conversion of employees from the personnel system which applied on October 28, 2009. The NAWCAD and the NAWCWD are listed in subsection 1105(a) of NDAA for FY 2010 as two of the newly designated STRLs. These two STRLs will be the participants in the demonstration project proposal described in this Federal Register Notice (FRN).

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.

The Department of the Army is finalizing revisions to its regulation concerning radiation sources on Army land. The Army requires non-Army agencies (including their civilian contractors) to obtain an Army Radiation Permit (ARP) from the garrison commander to use, store, or possess ionizing radiation sources on an Army installation. For the purpose of this rule, ``ionizing radiation source'' means any source that, if held or owned by an Army organization, would require a specific Nuclear Regulatory Commission (NRC) license or Army Radiation Authorization (ARA). The purpose of the ARP is to protect the public, civilian employees, and military personnel on an installation from potential exposure to radioactive sources. The U.S. Army Safety Office, which is the proponent for the Army Radiation Safety Program, is finalizing revisions to the regulation to reflect the NRC changes to licensing of Naturally-Occurring and Accelerator-Produced Radioactive Material (NARM). Executive Order 12866 Regulatory Planning and Review was followed to rewrite this rule.

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), announcement is made of the intent to grant an exclusive, revocable license, to U.S. Patent No. 6,254,873, issued July 3, 2001, entitled ``Inactivated Dengue Virus Vaccine,'' for the field of use involving any prophylactic and/or therapeutic purified inactivated vaccine against Dengue virus for human use. The intended licensee is GlaxoSmithKline Bio, with its principal place of business at 89 Rue de l'Institut, 1330 Rixensart, Belgium.