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

The U.S. Naval Academy Board of Visitors will meet to make such inquiry, as the Board shall deem necessary, into the state of morale and discipline, the curriculum, instruction, physical equipment, fiscal affairs, and academic methods of the Naval Academy. The executive session of this meeting from 11 a.m. to 12 p.m. on September 19, 2011, will include discussions of disciplinary matters, law enforcement investigations into allegations of criminal activity, and personnel issues at the Naval Academy, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. For this reason, the executive session of this meeting will be closed to the public.

In compliance with Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), DoD announces the proposed extension of a public information collection requirement and seeks public comment on the provisions thereof. DoD invites comments on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (b) the accuracy of the 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 the use of automated collection techniques or other forms of information technology. The Office of Management and Budget (OMB) has approved this information collection requirement for use through December 31, 2011. DoD proposes that OMB extend its approval for three additional years.

The District Commander of the Omaha District U.S. Army Corps of Engineers (Corps) has reviewed the ``Final Programmatic Environmental Impact Statement (PEIS) for the Mechanical and Artificial Creation and Maintenance of Emergent Sandbar Habitat (ESH) on the Riverine Segments of the Upper Missouri River'' and has made the decision to proceed with the implementation of an Adaptive Management Implementation Process (AMIP) (preferred alternative) with a construction ceiling of acres associated with Alternative 3.5. Specific details of the decision are captured in the Record of Decision (ROD) for this action. The ROD explains that the Corps will create and maintain ESH acres in the Fort Peck, Garrison, Fort Randall and Gavins Point River Segments, and the Lewis and Clark Lake Segment for the benefit of the Interior Population of the least tern (least tern) and the northern Great Plains piping plover (piping plover). The maximum potential acres of ESH to be created is approximately 4,370 acres total, with the following estimated maximum acres by reach: Fort Peck River, 565. Garrison River, 1,327. Fort Randall River, 212. Lewis & Clark Lake, 354. Gavins Point River, 1,913. The AMIP alternative best supports the needs of the birds while providing flexibility in program implementation that will help minimize environmental impacts as well as costs.

Pursuant to the National Environmental Policy Act of 1969, as amended, and the California Environmental Quality Act (CEQA), the U.S. Army Corps of Engineers (USACE) intends to prepare an Environmental Impact Statement/Environmental Impact Report (EIS/EIR) under Section 14 of the Rivers and Harbors Act of 1899 (as amended) (33 U.S.C. 408), and Section 404 of the Clean Water Act (33 U.S.C. 1344), for the proposed Southport Sacramento River Early Implementation Project (EIP), sponsored by the West Sacramento Area Flood Control Agency (WSAFCA). Figures of the project area can be viewed at https:// www.cityofwestsacramento.org/city/flood. WSAFCA is planning the Southport Sacramento River EIP to implement flood-risk reduction measures along the Sacramento River South Levee in the City of West Sacramento, Yolo County, CA. The project reach extends along the right bank of the Sacramento River south of the barge canal, downstream approximately 6.4 miles to the South Cross Levee, protecting the Southport community of West Sacramento. The 3.3-square mile study area encompasses the area of levee improvement along the river corridor and the potential soil borrow sites. In order to implement the project, the sponsor must acquire permission from USACE to alter the Federal project under Section 14 of the Rivers and Harbors Act of 1899 (as amended) (33 U.S.C. 408 or, Section 408). USACE also has authority under Section 404 of the Clean Water Act (33 U.S.C. 1344) over activities involving the discharge of dredged or fill material to waters of the United States, which are known to be in the project area. The project would bring the levee up to standard with Federal and state flood protection criteria, as well as providing opportunities for ecosystem restoration and public recreation. USACE, acting as the federal lead agency under NEPA, and WSAFCA, acting as the state lead agency under the CEQA in coordination with the Central Valley Flood Protection Board, have determined that an EIS/EIR should be prepared to describe alternatives, potential environmental effects, and mitigation measures.

The Department of the Air Force 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.

On May 18, 2011, the Defense Logistics Agency (DLA) published a Notice of Availability (NOA) in the Federal Register (76 FR 28757) announcing the revised Defense Logistics Agency Regulation (DLAR) 1000.22, which was available for a 30-day public comment period. DLA received one comment from the Navy stating that a citation within the technical support documentation should be changed. The change has been incorporated. DLAR 1000.22 will be signed into effect upon completion of this publication into the Federal Register.

Pursuant to the provisions of section 10 of Public Law 92-463, the Federal Advisory Committee Act, notice is hereby given that a closed meeting of the Department of Defense Wage Committee will be held.

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 Advisory Council on Dependents' Education will take place.

Announcement is made of the availability for licensing of the invention set forth in U.S. Provisional Patent Application Serial No. 61/505,424, entitled ``Device and Method for Evaluating Manual Dexterity,'' filed on July 7, 2011. The United States Government, as represented by the Secretary of the Army, has rights to this invention.

Under the provisions of the Federal Advisory Committee Act of 1972 (5 U.S.C., Appendix, as amended) and the Sunshine Act of 1976 (5 U.S.C. 552b, as amended) the Department of Defense announces the following Federal advisory committee meeting of the Threat Reduction Advisory Committee (Hereafter referred to as ``the Committee'').

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.

Pursuant to section (102)(2)(c) of the National Environmental Policy Act (NEPA) of 1969, the regulations implemented by the Council on Environmental Quality (40 Code of Federal Regulations [CFR] parts 1500-1508), the Department of the Navy (DoN) announces its intent to prepare an Environmental Impact Statement (EIS) to evaluate the potential environmental effects associated with the proposed actions at Naval Support Activity (NSA) Bethesda to implement the Congressional mandate in the Fiscal Year (FY) 2010 National Defense Authorization Act (NDAA) to achieve the new statutory world-class standards for military medicine at the Walter Reed National Military Medical Center at Bethesda (WRNMMCB) by providing enduring facilities commensurate in quality, capability and condition as those provided by the Base Realignment and Closure (BRAC) investment and address the space and operational limitations at the Uniformed Services University of the Health Sciences (USUHS). The proposed actions, which will enhance and support but not add to the missions of the installation, medical center or USUHS, include: (1) The demolition of five (5) hospital buildings and reconstruction of a single 5-story facility and associated parking garage, utility capacity upgrades, and temporary medical facilities to provide uninterrupted patient care during construction (Medical Facilities Development) and (2) the expansion of the USUHS and associated parking garage. These proposed actions are two components of the 2012 NSA Bethesda Master Plan that the DoN is currently updating and this EIS analyzes the implementation of these components. The 2012 NSA Bethesda Master Plan reflects ongoing projects previously considered under NEPA as well as potential future development opportunities at NSA Bethesda. The EIS will evaluate the cumulative effects of the proposed actions in the context of the known, ongoing activities and identify the potential programmatic effects of the proposed actions in the context of the potential future development opportunities. Therefore, the EIS will analyze the environmental effects of the 2012 NSA Bethesda Master Plan relative to the implementation of the proposed actions in this EIS. For the potential future development opportunities, the DoN will ensure the appropriate NEPA review is completed at such time as the projects are proposed for implementation. The proposed actions at NSA Bethesda consist of: (1) The Medical Facilities Development, which includes demolition of Buildings 2, 4, 6, 7, and 8 and construction of a single, 5-story replacement building in the medical center core, construction of an associated parking garage, utility capacity upgrades, construction of temporary medical facilities to maintain uninterrupted patient care during construction, and internal renovations to Buildings 1, 3, 5, 9, and 10; and (2) the University Expansion, which includes construction of a new classroom/ research facility and associated parking garage at USUHS. The proposed actions would not add to the existing missions at NSA Bethesda and would occur subsequent to the 2005 BRAC Law mandated relocation of the Walter Reed Army Medical Center's (WRAMC) tertiary (sub-specialty and complex care) medical services to National Naval Medical Center (NNMC) at NSA Bethesda in September 2011. With the relocation, the NNMC will be renamed the WRNMMCB. NSA Bethesda is the action proponent and the DoN is the lead agency for the proposed actions. Joint Task Force National Capital Region Medical (JTF CapMed), NNMC, and USUHS, are tenants of NSA Bethesda and are the stakeholders for these activities. The DoN is initiating a 45-day public scoping period to identify community interests and specific issues to be addressed in the EIS. The public scoping period starts with the publication of this Notice of Intent. The DoN will hold two public scoping meetings to inform the public of the proposed actions and receive comments. Comments, both written and oral, will be collected at each of the two public scoping meetings. Each of the public scoping meetings will consist of an open house session followed by a live presentation and an opportunity for the public to present their comments. To ensure that the full range of issues related to the proposed actions will be addressed, representatives from the DoN will be available to solicit comments from all interested parties during the public scoping meetings. Following future publication of the draft EIS, at a time to be determined, further public meetings will be held to address comments on the draft document. Dates and Addresses: The two public scoping meetings will be held on the following dates: 1. Wednesday, September 7, 2011, 5 p.m. to 9 p.m., Bethesda Marriott, 5151 Pooks Hill Road, Bethesda, Maryland 20814. 2. Monday, September 12, 2011, 1 p.m. to 5 p.m., Bethesda Marriott, 5151 Pooks Hill Road, Bethesda, Maryland 20814. Additional information concerning meeting times and locations are available on the NSA Bethesda Web site at: https:// www.bethesda.med.navy.mil/nsa/eis.aspx. Public scoping meeting schedules and locations will also be announced in local newspapers.

DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) regarding Government Property, to reflect the recent revisions to Government Property elsewhere in the Code of Federal Regulations.

DoD is issuing an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement sections of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2008, which establish minimum processes and requirements for the selection, accountability, training, equipping, and conduct of personnel performing private security functions.

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.

The National Defense University (NDU), 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 each year in proceedings that are open to the public.

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) the Department of Defense announces the following Federal Advisory Committee Meeting of the Uniform Formulary Beneficiary Advisory Panel (hereafter referred to as the Panel).

Subsection (e)(12) of the Privacy Act of 1974, as amended, (5 U.S.C. 552a) requires agencies to publish advance notice of any proposed or revised computer matching program by the matching agency for public comment; however, this notification will be completed by the DoD, the recipient agency. The DoD, as the recipient agency under the Privacy Act is hereby giving notice to the record subjects of a computer matching program between the Office of Personnel Management (OPM), the source agency and Defense Manpower Data Center (DMDC) that their records are being matched by computer. The purpose of this agreement is for disclosure of Federal Employees Health Benefits (FEHB) Program and Federal employment information to DMDC. This disclosure by OPM will provide the DoD with the FEHB eligibility and Federal employment information necessary to determine continuing eligibility for the TRICARE Reserve Select (TRS) and TRICARE Retired Reserve (TRR) programs.

The U.S. Army Corps of Engineers (Corps), Charleston District, intends to prepare a Draft Environmental Impact Statement (DEIS), for the Charleston Harbor Deepening Study (Post-45 study). The purpose of this DEIS and feasibility study is to investigate modification of the existing Charleston Harbor project in the interest of navigation improvements.

The Department of Defense, Under Secretary of Defense (Personnel and Readiness), Federal Voting Assistance Program, revised the SF 76, Federal Post Card Application (FPCA), SF 76A, Federal Post Card Application (Electronic), SF 186, Federal Write-in Absentee Ballot (FWAB), and SF 186A, Federal Write-in Absentee Ballot (Electronic), to meet Federal laws and technology, including but not limited to, the use of electronic transmission for transmitting the form. The form will be stocked by GSA, Federal Acquisition Service, Inventory Management Branch (QSDLBAB), 819 Taylor Street, Fort Worth, TX 76102-0000 and available November 1, 2011.

The Department of the Navy proposes to add a new system of records to its inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended.

The Defense Intelligence Agency (DIA) is adding a new exemption rule for LDIA 0900, entitled ``Accounts Receivable, Indebtedness and Claims'' 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, DIA 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 Defense Intelligence Agency 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.

This Rule establishes policy, assigns responsibilities and provides procedures for the regulation of the selection, accountability, training, equipping, and conduct of personnel performing private security functions under a covered contract during contingency operations, combat operations or other significant military operations. It also assigns responsibilities and establishes procedures for incident reporting, use of and accountability for equipment, rules for the use of force, and a process for administrative action or the removal, as appropriate, of PSCs and PSC personnel. For the Department of Defense, this Rule supplements DoD Instruction 3020.41, ``Contractor Personnel Authorized to Accompany the U.S. Armed Forces,'' which provides guidance for all DoD contractors operating in contingency operations. This Rule was published as an Interim Final Rule on July 17, 2009 because there was insufficient policy and guidance regulating the actions of DoD and other governmental PSCs and their movements in operational areas. This Rule ensures compliance with laws and regulations pertaining to Inherently Governmental functions, and ensures proper performance by armed contractors.

Under the provisions of the Paperwork Reduction Act (44 U.S.C. chapter 35), the Regulatory Secretariat 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 organization and direction of work. 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 Defense Intelligence Agency is proposing to alter a system to its existing inventory of records systems subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended.