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

The inventions listed below are assigned to the United States Government as represented by the Secretary of the Army. The U.S. Army Edgewood Chemical Biological Center intends to license these inventions exclusively to Guild Associates, Inc., an Ohio Corporation with principal offices 5750 Shier-Rings Road Dublin, OH 43016. The inventions to be licensed are known as ``Filtration Media and process for the Removal of Hazardous Material from Air Streams,'' and ``Zirconium Hydroxide for Decontaminating Toxic Agents.'' The U.S. Patent Application serial numbers for these inventions are 12/914,334 filed on October 28, 2010 and 12/917,811 filed on November 2, 2010, respectively.

The invention listed below is assigned to the United States Government as represented by the Secretary of the Army. The U.S. Army Edgewood Chemical Biological Center intends to license this invention exclusively to Sage-N Research, Inc, a California Corporation with principal offices at, 1525 McCarthy Boulevard, Suite 1000, Milpitas, CA 95035. The invention to be licensed is known as ``Methods for Detection and Identification of Cell Types (DICT),'' and its U.S. Patent Application serial number is 12/570,038, filed on September 30, 2009.

The Department of the Navy hereby gives notice of its intent to grant to Quest Integrated, Inc. a revocable, nonassignable, exclusive license to practice in the fields of use of cable, guy wire and other structural wire rope inspections in the United States and its territories, for the Government-owned invention represented by U.S. Statutory Invention Registration No. 13/038,574 entitled, ``Onboard Data Recorder for a Nondestructive Test Wire Rope Sensor Head'' (Navy Case No. 100986).

Under the provisions of the Paperwork Reduction Act (44 U.S.C. chapter 35), the Regulatory Secretariat (MVCB) 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 place of performance. 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; and ways to enhance the quality, utility, and clarity of the information to be collected.

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.

Pursuant to section 102(2)(c) of the National Environmental Policy Act (NEPA) of 1969, as implemented by the Council on Environmental Quality regulations (40 CFR parts 1500-1508), the New England District, U.S. Army Corps of Engineers (Corps) has prepared a Draft Environmental Impact Statement (DEIS) to evaluate a proposed establishment of public transportation service between Boston and the Cities of New Bedford and Fall River, MA. The Massachusetts Department of Transportation (MassDOT; formerly the Executive Office of Transportation and Public Works or EOT) has submitted an application for a Department of the Army permit to discharge fill material into waters of the United States (U.S.), ranging in area from approximately 10.3 to approximately 21.5 acres (depending on the alternative selected), including wetlands, incidental to the establishment of transportation infrastructure. The Notice of Intent for preparation of the DEIS was published in the Federal Register (73 FR 64927, October 31, 2008).

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.

Under the provisions of 33 U.S.C. 2251 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(a), the Department of Defense gives notice that it is renewing the charter for the Inland Waterways Users Board (hereafter referred to as the Board). The Board is a non-discretionary federal advisory committee that shall provide the Secretary of Defense through the Secretary of the Army and the Assistant Secretary of the Army for Civil Works, independent advice and recommendations on matters relating to construction and rehabilitation priorities and spending levels on the commercial navigation features and components of the U.S. inland waterways and inland harbors as defined in Public Law 95-502 and amended by Public Law 99-662. The Board shall annually file their recommendations with the Secretary of the Army and with the Congress. The Secretary of the Army may act upon the Board's advice and recommendations. Pursuant to 33 U.S.C. 2251(a), the Board shall be composed of eleven members appointed by the Secretary of Defense. The members shall be selected so as to represent various regions of the country and a spectrum of the primary users and shippers utilizing the inland and intra-coastal waterways for commercial purposes. Due considerations shall be given to assure a balance among the members based on the ton- mile shipment of the various categories of commodities shipped on inland waterways. Board members appointed by the Secretary of Defense, who are not full-time federal officers or employees, shall be appointed as experts and consultants under the authority of 5 U.S.C. 3109, and these individuals shall serve as Special Government Employees. Board members shall, with the exception of travel and per diem for official travel, serve without compensation. Board members shall serve two-year terms, with their appointments renewed on an annual basis by the Secretary of Defense. No member, unless otherwise selected by the Secretary of the Army and approved by the Secretary of Defense, shall serve more than four consecutive years on the Board. Appointments vacated prior to the expiration of the term of appointment shall be filled only for the remainder of the term. The Secretary of the Army shall select the Board's Chairperson and Vice-Chairperson from the total membership, and these individuals shall serve at the discretion of the Secretary of the Army. The Vice Chairperson will act as Chairperson in the absence or incapacity of the Chairperson, or in the event of a vacancy in the office of the Chairperson. The Secretary of the Army shall designate, and the Secretaries of Agriculture, Transportation and Commerce may designate, representatives to act as non-voting observers of the Board. In addition, the Secretary of the Army through the Secretary of Defense may appoint consultants with special expertise to assist the Board on an ad hoc basis. With DoD approval, the Board is authorized to establish subcommittees, as necessary and consistent with its mission and 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 appropriate federal 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 Commission 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. 3019, and serve as special government employees, whose appointments must be renewed by the Secretary of Defense on an annual basis.

Pursuant to section 102(2)(c) of the National Environmental Policy Act (NEPA) and the Council on Environmental Quality Regulations for implementing the procedural provisions of NEPA (Title 40 Code of Federal Regulations Parts 1500-1508), the Department of the Navy (Navy) has prepared and filed with the U.S. Environmental Protection Agency a Draft Environmental Impact Statement (EIS) to evaluate the potential environmental effects of constructing and operating a second Explosives Handling Wharf (EHW-2) at Naval Base Kitsap Bangor (NBK Bangor), Silverdale, WA. The U.S. Army Corps of Engineers (USACE) and the National Marine Fisheries Service (NMFS) are cooperating agencies for the EIS. The Navy will conduct three public hearings to receive oral and written comments on the Draft EIS. Federal, State, and local agencies, elected officials, and other interested individuals and organizations are invited to be present or represented at the public hearings. This notice announces the dates and locations of the public hearings for this Draft EIS. Dates and Addresses: Public hearings will be held on the following dates and locations: 1. April 19, 2011, at the North Kitsap High School Commons, 1780 Northeast Hostmark Street, Poulsbo, WA 98370; 2. April 20, 2011, at the Chimacum High School, 91 West Valley Road, Chimacum, WA 98325; and 3. April 21, 2011, at the Seattle Central Library, 1000 Fourth Avenue, Seattle, WA 98104. All meetings will start with an open house session from 6 p.m. to 7:30 p.m. followed by a presentation and public comment period from 7:30 p.m. to 9 p.m. The open house sessions will allow individuals the opportunity to review summaries of the information presented in the Draft EIS. Navy representatives will be available during the open house sessions to clarify information related to the Draft EIS.

Pursuant to the National Environmental Policy Act (NEPA), the U.S. Army Corps of Engineers, Honolulu District has prepared a Draft Environmental Impact Statement (DEIS) to inform a decision on an application from Honolulu Seawater Air Conditioning, LLC to construct a seawater air conditioning system (SWAC) at Kaka`ako on the south shore of O`ahu. The applicant's overall project purpose is to provide a renewable-energy air conditioning system for downtown Honolulu buildings. In order to obtain deep, cold seawater to chill fresh water that would circulate through the SWAC system and return it to the ocean after it has passed through onshore heat exchangers, the applicant proposes to construct intake and return pipelines in adjacent coastal waters. The proposed pipeline staging and installation sites are located within the navigable waters of the United States and the proposed activity is subject to the jurisdiction of the U.S. Army Corps of Engineers. Proposed onshore improvements and upland infrastructure are briefly described to provide an overview of the project, but their impacts to terrestrial environmental resources are not a primary focus of the document. Of primary federal concern are potential effects of proposed in- water construction, including the discharge of fill material at the offshore pipeline receiving pit, and operation of the system on the quality of the human environment. The DEIS considers alternative cooling technologies, cooling station designs and locations, pipeline installation methods, diffuser location and depth, and intake design. It evaluates two alternatives involving different pipeline alignments. Identified environmental resources potentially affected include marine biota and habitat; water quality; navigation and other human use; noise; and air quality.

The National Defense University, Designated Federal Officer, has scheduled a meeting of the Board of Visitors. The National Defense University Board of Visitors is a Federal Advisory Board. The Board meets twice a year in proceedings that are open to the public.

Mrs. Katrina McFarland, President, Defense Acquisition University (DAU), will host a forum to discuss implementation of Better Buying Power: Guidance for Obtaining Greater Efficiency and Productivity in Defense Spending, outlined in the Dr. Ashton B. Carter, Undersecretary of Defense, Acquisition, Technology & Logistics, 14 September 2010 memorandum to acquisition professionals. Name of Event: Defense Acquisition University Industry Day: ``Better Buying Power'' Initiatives.

DoD is issuing an interim rule to implement section 847 of the National Defense Authorization Act for Fiscal Year 2011. Section 847 provides a nonavailability exception to the requirement at 10 U.S.C. 2533a (Berry Amendment) to acquire only domestic hand or measuring tools.

DoD is adopting as final, without change, the interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement section 828 of the National Defense Authorization Act for Fiscal Year 2008.

DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to add a contract clause that clearly identifies any items being purchased that are critical safety items so that the proper risk-based surveillance can be performed.

This document is issued under the joint authority of DoD, GSA, and NASA. 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) 2005-50, which amend the Federal Acquisition Regulation (FAR). An asterisk (*) next to a rule indicates that a regulatory flexibility analysis has been prepared. Interested parties may obtain further information regarding these rules by referring to FAC 2005-50, which precedes this document. These documents are also available via the Internet at https:// www.regulations.gov.

DoD, GSA, and NASA have adopted as final, without change, an interim rule amending the Federal Acquisition Regulation (FAR). The interim rule aligned the FAR with the revised Cost Accounting Standards (CAS) Board standards ``Cost Accounting Standard for composition and measurement of pension cost,'' and ``Accounting for the cost of deferred compensation.''

DoD, GSA, and NASA have adopted as final, without change, an interim rule amending the Federal Acquisition Regulation (FAR) to incorporate increased thresholds for application of the World Trade Organization Government Procurement Agreement and the Free Trade Agreements, as determined by the United States Trade Representative.

DoD, GSA, and NASA are issuing an interim rule amending the Federal Acquisition Regulation (FAR) to implement section 1347 of the ``Small Business Jobs Act of 2010.'' Section 1347 clarifies the contracting officer's ability to use discretion when determining whether an acquisition will be restricted to small businesses participating in the 8(a), HUBZone, or service-disabled veteran-owned small business (SDVOSB) programs. There is no order of priority among small businesses in the 8(a) Business Development Program, the HUBZone Program, or the SDVOSB Program.

DoD, GSA, and NASA are issuing an interim rule amending the Federal Acquisition Regulation (FAR) to implement section 811 of the National Defense Authorization Act for Fiscal Year 2010. This FAR change encourages agencies to maximize the effective use of competition by making certain that the proper Justification and Approval (J&A) is obtained prior to award of 8(a) sole-source contracts over $20 million, as required by section 811.

DoD, GSA, and NASA are issuing an interim rule amending the Federal Acquisition Regulation (FAR) to implement section 864 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009. This law aligns with the Presidential Memorandum on Government Contracting, issued on March 4, 2009, which directed agencies to save $40 billion in contracting annually by Fiscal Year (FY) 2011 and to reduce the use of high-risk contracts. This rule provides regulatory guidance on the proper use and management of other than firm-fixed-price contracts (e.g., cost-reimbursement, time-and-material, and labor-hour).

Pursuant to the Federal Advisory Committee Act of 1972 (5 U.S.C., Appendix, as amended), the Sunshine in the Government Act of 1976 (U.S.C. 552b, as amended) and 41 Code of the Federal Regulations (CFR 102-3, 140 through 160), the Department of the Army announces the following committee meeting: Name of Committee: U.S. Army Command & General Staff College Subcommittee. Date: April 5-6, 2011. Place: U.S. Army Command and General Staff College, Ft. Leavenworth, KS, Lewis & Clark Center 66027. Time: 8:30 a.m. to 4 p.m. (April 5, 2010). 8:30 a.m. to 12 p.m. (April 6, 2010). Proposed Agenda: Starting point of the meeting will be an update overview of the CGSC, as well as its constituent schools, especially the Command and General Staff School and the School of Advanced Military Studies. Subcommittee members will gather information from students, staff and faculty. General deliberations leading to provisional findings for referral to the Army Education Advisory Committee will follow on 6 April beginning at about 0900.

In compliance with Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the United States Air Force announces a 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.

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.

Department of the Army is altering 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.