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

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.

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, and in accordance with section 10(a)(2) of Public Law, the Defense Health Board (DHB) announces that it will meet on June 14 and 15, 2011. Subject to the availability of space, the meeting is open to the public on June 14 from 9:30 a.m. to 12:45 p.m. and from 1:45 p.m. to 5 p.m.

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 previously approved information collection requirement concerning trade agreements certificate. Public comments are particularly invited on: Whether this collection of information is necessary for the proper performance of functions of the FAR, and whether it will have practical utility; whether our estimate of the public burden of this collection of information is accurate, and based on valid assumptions and methodology; ways to enhance the quality, utility, and clarity of the information to be collected; and ways in which we can minimize the burden of the collection of information on those who are to respond, through the use of appropriate technological collection techniques or other forms of information technology.

This interim final rule implements Section 702 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (NDAA for FY11). It establishes the TRICARE Young Adult (TYA) program to provide an extended medical coverage opportunity to most unmarried children under the age of 26 of uniformed services sponsors. The TRICARE Young Adult program is a premium-based program.

DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to revise the definition of multiple-award contract.

DoD, GSA, and NASA are proposing to amend the Federal Acquisition Regulation (FAR) to provide revised regulatory coverage on organizational conflicts of interest (OCIs), provide additional coverage regarding contractor access to nonpublic information, and add related provisions and clauses. Section 841 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 required a review of the FAR coverage on OCIs. This proposed rule was developed as a result of a review conducted in accordance with Section 841 by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (the Councils) and the Office of Federal Procurement Policy (OFPP), in consultation with the Office of Government Ethics (OGE). This proposed rule was preceded by an Advance Notice of Proposed Rulemaking (ANPR), under FAR Case 2007-018 (73 FR 15962), to gather comments from the public with regard to whether and how to improve the FAR coverage on OCIs.

DOD has issued draft business rules for the electronic payment of Nontemporary Storage (NTS) invoices in the Defense Transportation Regulation (DTR) Part IV (DTR 4500.9R). This process proposes mandatory use of the DOD Third Party Payment System (TPPS) as the transaction and payment system for all NTS Transportation Service Providers (TSP). Implementation of electronic payments for NTS at all Military Services and Coast Guard installations is the goal of the Defense Personal Property Program (DP3). The initial rollout of the TPPS and the electronic payment process for NTS is scheduled for August, 2011.

This rule updates policies and responsibilities for controlling Department of Defense (DoD) Unclassified Controlled Nuclear Information (UCNI) in accordance with the provisions of current U.S. Code. This revision streamlines and reflects current practices within the Department of Defense.

The Department of Defense is updating the Defense Logistics Agency Privacy Act Program Rules, by adding the exemption rules (j)(2), (k)(2), (k)(3), (k)(4), (k)(5), (k)(6), and (k)(7) for S510.30, Freedom of Information Act/Privacy Act Requests and Administrative Appeal Records to accurately describe the basis for exempting the records. The S510.30 system of records notice was printed on January 22, 2009 in the Federal Register. This direct final rule makes nonsubstantive changes to the Defense Logistics Agency Privacy Program rules. These changes will allow the Department to exempt records from certain portions of the Privacy Act. This will improve the efficiency and effectiveness of DoD's program by preserving the exempt status of the records when the purposes underlying the exemption are valid and necessary to protect the contents of the records. This rule is being published as a direct final rule as the Department of Defense does not expect to receive any adverse comments, and so a proposed rule is unnecessary.

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 Affidavit of Individual Surety, Standard Form 28. Public comments are particularly invited on: Whether this collection of information is necessary for the proper performance of functions of the FAR, and whether it will have practical utility; whether our estimate of the public burden of this collection of information is accurate, and based on valid assumptions and methodology; ways to enhance the quality, utility, and clarity of the information to be collected; and ways in which we can minimize the burden of the collection of information on those who are to respond, through the use of appropriate technological collection techniques or other forms of information technology.

Under the provisions of the Paperwork Reduction Act (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 previously approved information collection requirement concerning OMB Circular A-119. Public comments are particularly invited on: Whether this collection of information is necessary for the proper performance of functions of the FAR, and whether it will have practical utility; whether our estimate of the public burden of this collection of information is accurate, and based on valid assumptions and methodology; ways to enhance the quality, utility, and clarity of the information to be collected; and ways in which we can minimize the burden of the collection of information on those who are to respond, through the use of appropriate technological collection techniques or other forms of information technology.

The Department of the Air Force 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 Defense Logistics Agency (DLA) is updating its Address Directory which is published as an appendix to DLA's compilation of Privacy Act systems of records notices. This notice benefits the public in advising them where to send requests for review. DLA FOIA/Privacy Points of Contact are found at: https://www.dla.mil/foia-privacy/foia_ poc.aspx.

The Office of the Secretary of Defense is proposing to exempt one (1) new system of records, DA&M 01, entitled, ``Civil Liberties Program Case Management System'' from subsections (c)(3); (d)(1), (2), (3), (4); (e)(1) and (e)(4)(G), (H), (I); and (f) of the Privacy Act, pursuant to 5 U.S.C. 552a(k). This direct final rule makes nonsubstantive changes to the Office of the Secretary Privacy Program rules. These changes will allow the Department to add an exemption rule to the Office of the Secretary of Defense Privacy Program rules that will exempt applicable Department records and/or material from certain portions of the Privacy Act. This will improve the efficiency and effectiveness of DoD's program by preserving the exempt status of the applicable records and/or material when the purposes underlying the exemption(s) are valid and necessary. This rule is being published as a direct final rule as the Department of Defense does not expect to receive any adverse comments, and so a proposed rule is unnecessary.

The National Security Agency/Central Security Service is deleting an exemption rule and adding a new exemption rule. The exemption rule for GNSA 13, entitled ``Archive Records'' is being deleted in its entirety; a new exemption rule for GNSA 28, entitled ``Freedom of Information Act, Privacy Act and Mandatory Declassification Review Records'' is being added to exempt those records that have been previously claimed for the records in another Privacy Act system of records. To the extent that copies of exempt records from those other systems of records are entered into these case records, NSA/CSS hereby claims the same exemptions for the records as claimed in the original primary system of records of which they are a part. This direct final rule makes nonsubstantive changes to the National Security Agency/Central Security Service Privacy Program rules. These changes will allow the Department to exempt records from certain portions of the Privacy Act. This will improve the efficiency and effectiveness of DoD's program by preserving the exempt status of the records when the purposes underlying the exemption for the original records are still valid and necessary to protect the contents of the records. This rule is being published as a direct final rule as the Department of Defense does not expect to receive any adverse comments, and so a proposed rule is unnecessary.

The Department of the Army announces the availability of the DEIS for the Real Property Master Plan at the POM. This document analyzes and evaluates potential environmental impacts associated with proposed development at two properties: POM (located on the Monterey Peninsula between the cities of Monterey and Pacific Grove) and Ord Military Community (OMC) (approximately eight miles northeast of the POM and situated within the former Fort Ord military installation and adjacent to the City of Seaside). Both properties are located within Monterey County and in close proximity to the Pacific Ocean coast.

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 the conversion of several Navy vessels from ballistic missile submarines (SSBN) to guided missile submarines (SSGN). The Deputy Assistant Judge Advocate General (DAJAG) (Admiralty and Maritime Law) has determined that certain vessels of the SSGN Class are vessels of the Navy which, due to their special construction and purpose, cannot fully comply with certain provisions of the 72 COLREGS without interfering with their special function as naval ships. The intended effect of this rule is to warn mariners in waters where 72 COLREGS apply.

Pursuant to 10 U.S.C. 9355, the U.S. Air Force Academy (USAFA) Board of Visitors (BoV) will meet in the Capitol Building Main Visitor Center Conference Rooms 208/209 in Washington, DC on 13 May 2011. The meeting session will begin at 10:30 a.m. The purpose of this meeting is to review morale and discipline, social climate, curriculum, instruction, infrastructure, fiscal affairs, academic methods, and other matters relating to the Academy. Specific topics for this meeting include an update on the ``Don't Ask Don't Tell'' way ahead; an Air Force perspective on Diversity; an Ethics briefing; and Air Force Academy fiscal issues in relation to the reduction of Department of Defense and Air Force budgets. Pursuant to 5 U.S.C. 552b, as amended, and 41 CFR 102-3.155, the Administrative Assistant to the Secretary of the Air Force has determined that a portion of this meeting shall be closed to the public. The Administrative Assistant to the Secretary of the Air Force, in consultation with the Office of the Air Force General Counsel, has determined in writing that the public interest requires that one portion of this meeting be closed to the public because it will involve matters covered by subsection (c)(6) of 5 U.S.C. 552b. Public attendance at the open portions of this USAFA BoV meeting shall be accommodated on a first-come, first-served basis up to the reasonable and safe capacity of the meeting room. In addition, any member of the public wishing to provide input to the USAFA BoV 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 (FACA) and the procedures described in this paragraph. Written statements must address the following details: The issue, discussion, and a recommended course of action. Supporting documentation may also be included as needed to establish the appropriate historical context and provide any necessary background information. Written statements can be submitted to the Designated Federal Officer (DFO) at the Air Force Pentagon address detailed below at any time. However, if a written statement is not received at least 10 days before the first day of the meeting which is the subject of this notice, then it may not be provided to, or considered by, the BoV until its next open meeting. The DFO will review all timely submissions with the BoV Chairperson and ensure they are provided to members of the BoV before the meeting that is the subject of this notice. For the benefit of the public, rosters that list the names of BoV members and any releasable materials presented during open portions of this BoV meeting shall be made available upon request. If, after review of timely submitted written comments, the BoV Chairperson and DFO deem appropriate, they may choose to invite the submitter of the written comments to orally present their issue during an open portion of the BoV meeting that is the subject of this notice. Members of the BoV may also petition the Chairperson to allow specific persons to make oral presentations before the BoV. Per 41 CFR 102- 3.140(d), any oral presentations before the BoV shall be in accordance with agency guidelines provided pursuant to a written invitation and this paragraph. Direct questioning of BoV members or meeting participants by the public is not permitted except with the approval of the DFO and Chairperson.

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 will take place: 1. Name of Committee: Defense Advisory Committee on Military Personnel Testing. 2. Date: Thursday, May 19, 2011 and Friday, May 20, 2011. 3. Time: From 8:30 a.m. to 4 p.m. on Thursday and 8:30 to Noon on Friday. 4. Location: The meeting will be held at the Hyatt Miami at the Blue, 5300 NW. 87th Avenue, Miami, FL 33178. 5. Purpose of the Meeting: The purpose of the meeting is to review planned changes and progress in developing computerized and paper-and- pencil tests for enlistment. 6. Agenda: The agenda includes an overview of current enlistment test development timelines and planned research for the next 3 years. 7. Public's Accessibility to the Meeting: Pursuant to 5 U.S.C. 552b and 41 CFR 102-3.140 through 102-3.165, and the availability of space, this meeting is open to the public. 8. Committee's Designated Federal Officer or Point of Contact: Dr. Jane M. Arabian, Assistant Director, Accession Policy, Office of the Under Secretary of Defense (Personnel and Readiness), Room 3D1066, The Pentagon, Washington, DC 20301-4000, telephone (703) 697-9271.

DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to remove the requirement to use DoD- unique forms to prepare contractor performance evaluations for construction and architect-engineer services.

DoD is issuing a proposed rule to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to extend the Government self-insurance policy to Government property provided under negotiated fixed-price contracts that are awarded on a basis other than submission of certified cost or pricing data.

DoD is adopting as a final rule, without change, an interim rule that implemented revisions to DoD Directive-Type Memorandum (DTM) 09-019, ``Policy Guidance for Foreign Ownership, Control, or Influence (FOCI).'' This DTM revises the description of communications security material that is ``proscribed information.''

Pursuant to Section (102)(2)(c) of the National Environmental Policy Act of 1969 (NEPA) (42 United States Code 4321), as implemented by the Council on Environmental Quality regulations for implementing the procedural provisions of NEPA (40 Code of Federal Regulations [CFR] Parts 1500-1508), and Marine Corps NEPA directives (Marine Corps Order P5090.2A), the Department of the Navy announces the availability of, the Final Programmatic Environmental Assessment (PEA) and draft Finding of No Significant Impact (FONSI) for the development and operation of small-scale wind energy projects at United States Marine Corps (USMC) facilities throughout the Continental United States (CONUS). It is anticipated that site-specific NEPA analysis may be tiered off this document, as appropriate. Dates and Addresses: The waiting period for the Final PEA and FONSI will end 30 days after publication of a Notice of Availability in the Federal Register. The Final PEA and draft FONSI are available for electronic viewing at https://marines.mil/unit/marforres/ MFRHQ/FACILITIES/FACILITIES.aspx, or by sending a request to Alain Flexer, USMC Marine Forces Reserves (MARFORRES), by telephone 504-678-8489, by fax 504-678-6823, by e-mail to alain.flexer@usmc.mil or by writing to: MARFORRES, Facilities, Attn: Alain Flexer, 4400 Dauphine Street, New Orleans, Louisiana 70146-5400.

The Defense Logistics Agency is proposing to amend a system of records notice in its existing inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended.

Under the provisions of 10 U.S.C. 7102(d) 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 Board of Visitors, Marine Corps University (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 Navy and the Commanding General, Marine Corps Combat Development Command, independent advice and recommendations on matters pertaining to: a. U.S. Marine Corps Professional Military Education; b. All aspects of the academic and administrative policies of the Marine Corps University (hereafter referred to as the University; c. Higher education and standards and cost effective operations of the University; and d. The operation and accreditation of the National Museum of the Marine Corps. The Secretary of the Navy, unless otherwise directed by statute, may act upon the Board's advice and recommendations. The Board shall be composed of at least nine members, who are eminent authorities in the field of education, and no more than six additional members, who are eminent authorities in the fields of study directly related to the University's mission and goals. 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. As special government employees, these individuals are appointed to provide advice on behalf of the government on the basis of their best judgment without representing any particular point of view and in a manner that is free from conflict of interest. Board members, unless otherwise directed by the Secretary of Defense, shall be appointed by the Secretary of Defense for four-year terms, and their appointments shall be renewed on an annual basis. With the exception of travel and per diem for official travel, Board members shall serve without compensation. The Secretary of Defense authorizes the Board's voting membership to select the Board President. The Board President is subject to annual renewal by the Secretary of Defense, shall serve a two-year term as Board President. With the exception of the President of the Marine Corps University, no full-time or permanent part-time University employee shall serve on the Board. The Secretary of Defense authorizes the President of the Marine Corps University to serve as a non-voting ex officio member of the Board, and his membership shall not count toward the total membership. 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. In addition, the Department of Defense authorizes the Board to maintain two standing subcommitteesthe National Museum of the Marine Corps Subcommittee and the Executive Subcommittee. 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. The Board President, unless otherwise directed by the Secretary of Defense, may select any Secretary of Defense appointed member of the Board of Visitors, Marine Corps University to serve on the Board's subcommittees. If additional subcommittee members are required, then the Board president, in consultation with the Designated Federal Officer, may request that additional members be appointed by the Department of Defense. 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 by the Secretary of Defense on an annual basis. With the exception of the president of the Marine Corps University, no full-time or permanent part-time University employees shall serve on any subcommittee. Subcommittee members, unless otherwise directed by the Secretary of Defense, shall be appointed by the Secretary for four-year terms, and their appointments shall be renewed on an annual basis. With the exception of travel and per diem for official travel, subcommittee members shall serve without compensation. The National Museum of the Marine Corps Subcommittee shall be composed of not more than five members who are eminent authorities in the fields related to museum management, including, but not limited to, areas related to: Public trust and accountability; mission and planning; leadership and organization; collections stewardship; education and interpretation; financial stability; and facilities and risk management. The membership of the National Museum of the Marine Corps Subcommittee shall be in addition to the Board's membership. The Executive Subcommittee shall be composed of not more than four members, and these individuals shall be officers or former officers of the Board membership. Specifically, they shall be the Board's president, the President-elect, the past President, and the Secretary of the Board. The Executive Subcommittee shall meet to discuss only administrative or preparatory matters that may occur between regularly scheduled Board meetings, and do not require deliberation by the full Board membership. The Secretary of Defense authorizes the President of the Marine Corps University to serve as a non-voting ex-officio member of the Executive Subcommittee. In addition, the Secretary of Defense authorizes the Director of the National Museum of the Marine Corps to serve as a non-voting ex officio member of the National Museum of the Marine Corps Subcommittee. These appointments shall not count toward the subcommittee's total membership.