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

On August 23, 2011 (76 FR 52642), the United States Strategic Command Strategic Advisory Group gave notice of a meeting to be held on November 1, 2011, from 8 a.m. to 5 p.m. Central Daylight Time and November 2, 2011, from 8 a.m. to 11:30 a.m. Central Daylight Time at the Dougherty Conference Center, Building 432, 906 SAC Boulevard, Offutt Air Force Base (AFB), Nebraska 68113. Pursuant to Section 10(a), Public Law 92-463, as amended, notice is hereby given that this meeting has been rescheduled. The new dates are: December 12, 2011 from 8 a.m. to 5 p.m. Central Standard Time and December 13, 2011 from 8 a.m. to 11:30 a.m. Central Standard Time at the Dougherty Conference Center, Building 432, 906 SAC Boulevard, Offutt AFB, Nebraska.

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 contractor business ethics compliance program and disclosure requirements. 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 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.

DoD has updated its Commercial Item Handbook. The purpose of the Handbook is to help acquisition personnel develop sound business strategies for procuring commercial items. DoD is seeking industry input on the contents before finalizing the Handbook.

This notice announces the appointment of the Department of Defense, Fourth Estate, Performance Review Board (PRB) members, to include the Joint Staff, Defense Field Activities, the U.S. Court of Appeals for the Armed Forces and the following Defense Agencies: Defense Advance Research Projects Agency, Defense Contract Management Agency, Defense Commissary Agency, Defense Security Cooperation Agency, Defense Legal Services Agency, Defense Logistics Agency, Defense Threat Reduction Agency, Missile Defense Agency, and Pentagon Force Protection Agency. The publication of PRB membership is required by 5 U.S.C. 4314(c)(4). The PRB shall provide fair and impartial review of Senior Executive Service and Senior Professional performance appraisals and make recommendations regarding performance ratings and performance awards to the Deputy Secretary of Defense.

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 July 21, 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 July 21, 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 July 21, 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 July 21, 1996.

Under the provisions of the Paperwork Reduction Act of 1995 (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 Standard Form 28, Affidavit of Individual Surety. A request for public comments was published in the Federal Register at 76 FR 22706, on April 22, 2011. Two comments were received. 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 trade agreements certificate. Two comments were received. 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. Two comments were received. One comment is not relevant to this collection. The other comment supports the extension of this collection.

This document announces that U.S. Africa Command (AFRICOM) will convene their annual Joint Europe Africa Deployment and Distribution Conference (JEADDC), featuring a keynote address, panel discussions, and working groups involving agency personnel, members of the trade community, academia, and other government agencies. Conference participants will focus on transportation and logistics strategy, capabilities, initiatives, issues, and concerns in Africa and Europe. The keynote speaker will be Lieutenant General (Retired) Claude V. ``Chris'' Christianson.

DoD is proposing to amend the Defense FAR Supplement (DFARS) to address acquisitions using competitive procedures in which only one offer is received. With some exceptions, the contracting officer must resolicit for an additional period of at least 30 days, if the solicitation allowed fewer than 30 days for receipt of proposals and only one offer is received. If a period of at least 30 days was allowed for receipt of proposals, the contracting officer must determine prices to be fair and reasonable through price or cost analysis or enter negotiations with the offeror.

Pursuant to the National Environmental Policy Act (NEPA) of 1969, as amended (42 U.S.C. 4321, et seq.), the Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA (40 CFR parts 1500-1508), and U.S. Air Force (USAF) Environmental Impact Analysis Process (32 CFR part 989), the USAF is issuing this notice to advise the public of its intent to prepare an Environmental Impact Statement (EIS) for Divert Activities and Exercises, Guam and Commonwealth of the Northern Mariana Islands. The proposed divert activities and exercises would involve airfield improvements designed to provide additional divert capability for various military aircraft operating as part of joint training exercises, humanitarian assistance activities, and disaster relief operations for northeast Asia. The proposed action would include the development and construction of facilities and infrastructure designed to support up to one tanker squadron of 12 KC-135 aircraft and its approximately 500 support personnel. This proposed action includes divert activities and exercises involving a tanker squadron, as well as USAF, U.S. Navy, or other military aircraft operating in the region, and ideally would require a 10,000-foot runway. Components of the proposal include a cargo pad; an expanded runway area; new taxiways, aprons, and shoulders; 6,000-square foot maintenance facility; jet fuel receiving, storage, and delivery capability; and associated pavement markings, lighting, security, and other related infrastructure. The possible alternatives for the divert airfield capability include the international airports on Saipan, Tinian, Rota, or other reasonable alternatives developed during the scoping process. Guam International Airport, as an existing divert location, will be considered in this EIS, as part of the no action alternative. The Air Force is in the process of inviting potential Cooperating Agencies to participate in aspects of the EIS development as appropriate or required. Scoping: In order to effectively define the full range of issues to be evaluated in the EIS, the USAF will sponsor a series of scoping meetings to determine the scope of the EIS and solicit comments from interested agencies and members of the public.

The inventions listed below are those in which the United States Government as represented by the Secretary of the Navy has an ownership interest and are made available for licensing by the Department of the Navy. U.S. Patent No. 7,679,410: A Method for Improving the Efficiency and Reliability of a Broadband Transistor Switch for Periodic Switching Applications Issued 3/16/2010//U.S. Patent No. 7,679,999: Marine Acoustic Sensor Assembly Issued 3/16/2010/ /U.S. Patent No. 7,685,862: Target System Giving Accuracy and Energy Issued 3/30/2010//U.S. Patent No. 7,690,309: Supercavitating Vehicle Control Issued 4/6/2010//U.S. Patent No. 7,691,798: Coating to Reduce Friction on Skis and Snow Boards Issued 4/6/2010//U.S. Patent No. 7,721,843: Visual Acoustic Device Issued 5/25/2010//U.S. Patent No. 7,734,755: Interactive Data Fault Localization System and Method Issued 6/8/2010//U.S. Patent No. 7,755,326: Battery Monitoring and Charging System Issued 7/13/2010//U.S. Patent No. 7,779,772: Submarine Short- Range Defense System Issued 8/24/2010//U.S. Patent No. 7,782,712: A Method to Estimate Local Towed Array Angles Using Flush Mounted Hot Film Wall Shear Sensors Issued 8/24/2010//U.S. Patent No. 7,800,978: Method for Real Time Matched Field Processing Issued 9/21/2010//U.S. Patent No. 7,802,474: Fiber Optic Laser Accelerometer Issued 9/28/2010/ /U.S. Patent Application Ser. No. 07/926115: Semi-Closed Brayton Cycle Power System Direct Combustion Heat Transfer Filed 8/7/1992//U.S. Patent No. 7,804,454: Active High Frequency Transmitter Antenna Assembly Issued 9/28/2010//U.S. Patent No. 7,832,998: Controlled Skin Formation for Foamed Extrudate Issued 11/16/2010//U.S. Patent No. 7,861,977: Adaptive Material Actuators for Coanda Effect Circulation Control Slots Issued 1/4/2011//U.S. Patent No. 7,865,836: Geospatial Prioritized Data Acquisition Analysis and Presentation Issued 1/4/2011/ /U.S. Patent No. 7,868,833: An Ultra Wideband Buoyant Cable Antenna Element Issued 1/11/2011//U.S. Patent No. 7,869,910: Autocatalytic Oscillators for Animal-Like Locomotion in Small Underwater Vehicles Issued 1/11/2011//U.S. Patent No. 7,878,873: Variable Orifice Propulsor Issued 2/1/2011//U.S. Patent No. 7,881,156: Method to Estimate Towed Array Angles Issued 2/1/2011//U.S. Patent No. 7,884,592: An Energy Efficient Method for Changing the Voltage of a DC Source to Another Voltage in Order to Supply a Load That Requires a Different Voltage Issued 2/8/2011//U.S. Patent No. 7,886,728: System and Method for Controlling the Power Output of an Internal Combustion Engine Issued 2/ 15/2011//U.S. Patent No. 7,906,340: Method for Quantitative Determination of Hydrogen Peroxide Using Potentiometric Titration Issued 3/15/2011//U.S. Patent No. 7,924,654: System for Beamforming Acoustic Buoy Fields Issued 4/12/2011//U.S. Patent No. 7,926,275: Closed Brayton Cycle Direct Contact Reactor/Storage Tank With Chemical Scrubber Issued 4/19/2011//U.S. Patent No. 7,926,276: Closed Cycle Brayton Propulsion System With Direct Heat Transfer Issued 4/19/ 2011//U.S. Patent No. 7,926,587: Explosive Water Jet With Precursor Bubble Issued 4/19/2011//U.S. Patent No. 7,929,375: Method and Apparatus for Improved Active Sonar Using Singular Value Decomposition Filtering Issued 4/19/2011//U.S. Patent No. 7,937,930: Semiclosed Brayton Cycle Power System With Direct Heat Transfer Issued 5/10/2011// U.S. Patent No. 7,938,077: Hydrogen Generator Apparatus for an Underwater Vehicle Issued 5/10/2011//U.S. Patent No. 7,940,602: Automatic Depth Sounder (Fathometer) Electronic Chart Comparator Issued 5/10/2011//U.S. Patent No. 7,951,339: Closed Brayton Cycle Direct Contact Reactor/Storage Tank With O2 Afterburner Issued 5/ 31/2011//U.S. Patent No. 7,952,530: Serpentine Buoyant Cable Antenna Issued 5/31/2011//U.S. Patent No. 7,954,442: Towed Array Deployment System for Unmanned Surface Vehicle Issued 6/7/2011//U.S. Patent No. 7,966,936: Telescoping Cavitator Issued 6/28/2011//U.S. Patent No. 7,975,614: Acoustic Shotgun System Issued 7/12/2011//U.S. Patent No. 7,985,924: Coaxial Transducer Issued 7/26/2011//U.S. Patent No. 8,006,619: Underwater Acoustic Tracer System Issued 8/30/2011.

Pursuant to Section 10(a), Public Law 92-463, as amended, notice is hereby given of a forthcoming meeting of the Department of Defense Military Family Readiness Council (MFRC). The purpose of the Council meeting is to review the military family programs which will be the focus for the Council for next year, review the status of warrior care, and address selected concerns of military family organizations. The meeting is open to the public, subject to the availability of space. Persons desiring to attend may contact Ms. Melody McDonald at 571-256-1738 or e-mail FamilyReadinessCouncil@osd.mil no later than 5 p.m. on Tuesday, October 11, 2011 to arrange for parking and escort into the conference room inside the Pentagon. Interested persons may submit a written statement for consideration by the Council. Persons desiring to submit a written statement to the Council must notify the point of contact listed below no later than 5 p.m., Wednesday, October 12, 2011.

The U.S. Army Corps of Engineers, Los Angeles District, Regulatory Division (Corps) has made a Final General Conformity Determination (GCD) and executed a Record of Decision (ROD) for the Final Environmental Impact Statement/Environmental Impact Report (EIS/ EIR) and a Section 404 Permit under the Clean Water Act for the Newhall Ranch Resource Management and Development Plan, Santa Clarita, California. This Notice serves as the Public Notice/Notice of Availability for the Final EIS/EIR ROD and the Final GCD. The Record of Decision for the Final EIS/EIR was signed on 31 August 2011. In June 2010, the Corps, in coordination with the California Department of Fish and Game (CDFG), completed and published a joint Final EIS/EIR and Draft GCD, pursuant to National Environmental Policy Act (NEPA) and section 176(c) of the Clean Air Act. The identified least environmentally damaging practicable alternative (LEDPA) in the ROD includes permanent impacts to 47.9 acres of waters of the United States, including 5.1 acres of wetlands, associated with discharges of fill material for bank protection to protect land development projects along water courses (including buried soil cement, buried gunite, grouted riprap, ungrouted riprap, and gunite lining); drainage facilities such as storm drains or outlets and partially lined open channels; grade control structures; bridges and drainage crossings; building pads; and water quality control facilities (sedimentation control, flood control, debris, and water quality basins). The LEDPA also includes temporary impacts to 35.3 acres of waters of the United States, including 11.8 acres of wetlands, associated with the construction of bank protection to protect land development projects along water courses (including buried soil cement, buried gunite, grouted riprap, ungrouted riprap, and gunite lining); utility crossings; activities associated with construction of a Water Reclamation Plant adjacent to the Santa Clara River and required bank protection; water quality control facilities (sedimentation control, flood debris, and water quality basins); regular and ongoing maintenance of all flood, drainage, and water quality protection structures and facilities on the RMDP site (such activities would include periodic inspection of structures and monitoring of vegetation growth and sediment buildup to ensure that the integrity of the structures is maintained and that planned conveyance capacity is present, routine repairs and maintenance of bridges and bank protection, and emergency maintenance activities); and temporary haul routes for grading equipment and geotechnical survey activities. As a Federal agency, the Corps prepared the Final GCD in compliance with Section 176(c) of the Clean Air Act and for the issuance of a Corps Section 404 Permit for the discharges of fill material into waters of the United States. Direct and indirect air emissions for all pollutants related to the Federal action are not below specified de minimis Federal thresholds (40 CFR 93.153(b)). On 31 August 2011, the Corps completed its environmental review and finalized the GCD, executed the ROD, and issued a provisional Section 404 Standard Individual Permit for the LEDPA. The Corps considered and responded to all comments received in finalizing the EIS/EIR, Final GCD, ROD, and issuing the provisional permit. The public can request copies of the Final General Conformity Determination document or the ROD from the Corps at the address listed below. In addition, copies of the Final General Conformity Determination document are available for review during the next 30 days at the following libraries: County of Los Angeles Newhall Branch, Castaic Branch, Sylmar Branch, Valencia Branch, and the County of Ventura Fillmore Branch.

The Military Surface Deployment and Distribution Command (SDDC) is providing notice that it has released an interim change to the MFTURP No. 1. The interim change updates Section A.II.D.6 to align the safety requirements for transportation protective service (TPS) carriers with the Department of Transportation's (DOT) Federal Motor Carrier Safety Administration (FMCSA) scoring system.

The Seattle District, U.S. Army Corps of Engineers (USACE) will prepare a Draft Environmental Impact Statement (DEIS) pursuant to Section 102(2)(C) of the National Environmental Policy Act (NEPA) of 1969, as amended, for a proposed flood-risk management project in the Puyallup River Basin including the Puyallup River downstream of Electron Dam to Commencement Bay, the Carbon River and the White River downstream of Mud Mountain Dam. This study was requested by Pierce County (the local sponsor), Washington, because of the potential for significant flooding within the Puyallup River Basin. A DEIS is being prepared because of the potential for impacts on environmental resources, particularly salmonid habitat, and the intense public interest already demonstrated in addressing the flooding problems of the Puyallup, Carbon and White Rivers. The Puyallup River General Investigation (GI) DEIS for the Puyallup River Basin is being conducted under the authority of Section 209 of the Flood Control Act of 1962, Public Law 87-874. That section authorized a comprehensive study of Puget Sound, Washington, and adjacent waters including tributaries, in the interest of flood control, navigation, and other water uses and related land resources.

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 Defense Acquisition University Board of Visitors will take place.

The National Security Agency (NSA) is proposing to amend 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 Navy hereby gives notice of its intent to grant American Innovations, Inc. a revocable, nonassignable, partially exclusive license, with exclusive fields of use in entry control points, route clearance, patrolling, site exploitation, cache finds, area surveillance, joint security stations/combat outposts, raids, SPECOPS, K-9 support, training, in the United States to practice the Government-owned invention, U.S. Patent Application Serial Number 13/137521, filed August 24, 2011, entitled ``Bulk Homemade Explosives (HME) Precursor Detection Kit.''

DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to update and clarify the requirements for multiyear contracting.

DoD is issuing a final rule to amend the Defense Federal Acquisition Regulation Supplement to implement sections of the Fiscal Year (FY) 2007 and 2008 National Defense Authorization Act, including special requirements and procedures related to the validation of a contractor's or subcontractor's asserted restrictions on technical data and computer software.

DoD is issuing a final rule amending 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.