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

Under the provisions of the Paperwork Reduction Act, 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 past performance information. 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, 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 cost or pricing data requirements and information other than cost or pricing data. A noticed was published in the Federal Register at 76 FR 35218, on June 16, 2011. No 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.

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 Office of the Secretary of Defense 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 Office of the Secretary of Defense 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.

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. Sec. 552b, as amended), and 41 CFR 102-3.150, the following meeting notice is announced: Name of Committee: U.S. Army War College Subcommittee of the Army Education Advisory Committee. Dates of Meeting: November 15, 2011. Place of Meeting: U.S. Army War College, 122 Forbes Avenue, Carlisle, PA, Command Conference Room, Root Hall, Carlisle Barracks, Pennsylvania 17013. Time of Meeting: 8:30 a.m.-12:30 p.m. Proposed Agenda: Receive various information briefings and updates and dialogue with the Commandant on issues and matters related to the continued growth and development of the United States Army War College.

Reference Federal Register Notice (FRN), Docket ID: DOD-2010- OS-0034, published April 1, 2010 (75 FR 16445-16446) and subsequently revised April 5, 2011 (76 FR 18737). We have taken industry recommendations into consideration regarding the incorporation of local moves into the intrastate/interstate program. The Surface Deployment and Distribution Command (SDDC) is conducting a Direct Procurement Method (DPM) feasibility study to determine how local moves could be better managed to serve our DoD customers. Industry will be notified of any subsequent DoD decisions associated with the future of local moves. We thank our industry partners for their review and important suggestions to improve the Defense Personal Property Program (DP3).

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.

In accordance with section 2330a of Title 10 United States Code as amended by the National Defense Authorization Act for Fiscal Year 2008 (NDAA 08) Section 807, the Director of Procurement USSOCOM and the Office of the Director, Defense Procurement and Acquisition Policy, Office of Strategic Sourcing (DPAP/SS) will make available to the public the first inventory of activities performed pursuant to contracts for services. The inventory will be published to the USSOCOM public portal Web site at the following location: https://www.socom.mil/ sordac/Documents/USSOCOMFY10ServicesInventoryList.pdf.

Under the provisions of the Paperwork Reduction Act, 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 the Buy American ActConstruction (Grimberg Decision). A notice was published in the Federal Register at 76 FR 40367, on July 8, 2011. No 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.

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, a Defense Health Board (DHB) meeting is announced:

Due to difficulties, beyond the control of the U.S. Air Force Scientific Advisory Board or its Designated Federal Officer, the Board must cancel its October 13-14, 2011 meeting of the U.S. Air Force Scientific Advisory Board (76 FR 57026, September 15, 2011). Since the Department of the Air Force is unable to file a Federal Register notice cancelling the meeting within the 15-calendar day period the Advisory Committee Management Officer for the Department of Defense, pursuant to 41 CFR 102-3.150(b), waives the 15-calendar day notification requirement. The meeting was cancelled due to lack of approval of the Fiscal Year 2012 Board membership. This meeting will not be rescheduled. FOR FURTHER INFORMATION CONTACT: The United States Air Force Scientific Advisory Board Executive Director and Designated Federal Officer, Lt Col Matthew E. Zuber, 240-612-5503, United States Air Force Scientific Advisory Board, 1500 West Perimeter Road, Ste. 3300, Joint Base Andrews, MD 20762, matthew.zuber@pentagon.af.mil

DoD is hosting a public meeting to establish an initial dialogue with industry and Government agencies about developing a method by which offerors, if owned or controlled by another business entity, can identify to DoD the Commercial and Government Entity (CAGE) code and legal name of that business entity.

This notice announces the appointment of the members of the Performance Review Board (PRB) of the Defense Information Systems Agency (DISA). The publication of PRB membership is required by 5 U.S.C. 4314(c)(4). The Performance Review Board (PRB) provides fair and impartial review of Senior Executive Service performance appraisals and makes recommendations regarding performance ratings and performance scores to the Director, DISA.

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

The Department of Defense is recommending changes to the Manual for Courts-Martial, United States (2008 Edition) (MCM). The proposed changes incorporate the restyled Federal Rules of Evidence (FRE) approved by the U.S. Supreme Court on 26 April 2011 and which will take effect, pursuant to the Rules Enabling Act, on 1 December 2011. In accordance with 10 U.S.C. 936 and Military Rule of Evidence (MRE) 1102(a), amendments to the FRE will automatically amend parallel provisions of the MRE eighteen months after the effective date of such amendments, absent contrary action by the President. The MCM and DoD Directive 5500.17, ``Role and Responsibilities of the Joint Service Committee (JSC) on Military Justice,'' May 3, 2003, require the JSC to assist the President in fulfilling his rulemaking responsibilities under 10 U.S.C. 936. These proposed changes have not been coordinated within the Department of Defense under DoD Directive 5500.1, ``Preparation, Processing and Coordinating Legislation, Executive Orders, Proclamations, Views Letters Testimony,'' June 15, 2007, and do not constitute the official position of the Department of Defense, the Military Departments, or any other Government agency. This notice is provided in accordance with DoD Directive 5500.17, ``Role and Responsibilities of the Joint Service Committee (JSC) on Military Justice,'' May 3, 2003. This notice is intended only to improve the internal management of the Federal Government. It is not intended to create any right or benefit, substantive or procedural, enforceable at law by any party against the United States, its agencies, its officers, or any person. This notice also sets forth the date, time and location for the public meeting of the JSC to discuss the proposed changes. For easier viewing and comparison to the federal rules, the proposed amendments to the Military Rules of Evidence described below can be viewed in a Word or Excel document at the following Web site: https://www.dod.gov/dodgc/jsc_business.html.

The Ocean Research and Resources Advisory Panel (ORRAP) will hold a regularly scheduled meeting. The meeting will be open to the public.

Under the provisions of 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(d), the Department of Defense gives notice that it is renewing the charter for the Defense Intelligence Agency Advisory Board (hereafter referred to as ``the Board''). The Defense Intelligence Agency Advisory Board, pursuant to 41 CFR 102-3.50(d), is a discretionary Federal advisory committee established to provide the Secretary of Defense through the Under Secretary of Defense for Intelligence and the Director of the Defense Intelligence Agency advice on matters relating to DoD's intelligence enterprise. The Board shall: (a) Review and evaluate progress on selected intelligence issues, programs and topics; (b) Advise on the effectiveness of intelligence sources and methods to aid the Department of Defense in establishing resource allocations among programs, consistent with national intelligence requirements; (c) Review, evaluate and recommend initiatives to improve support to the defense intelligence enterprise; and (d) Advise on the effectiveness of various methodologies and doctrines. The Under Secretary of Defense for Intelligence may act upon the Board's advice and recommendations. The Board shall be comprised of no more than fifteen members appointed by the Secretary of Defense who have distinguished backgrounds in national security policy, defense intelligence, geopolitical matters, academia and the private sector. All Board member appointments must be renewed by the Secretary of Defense on an annual basis. The Secretary of Defense, based upon the recommendation of the Under Secretary of Defense for Intelligence and the Director of Defense Intelligence Agency, shall select the Chairperson. Board members appointed by the Secretary of Defense, who are not full-time or permanent part-time federal employees, shall be appointed as experts and consultants under the authority of 5 U.S.C. Sec. 3109 and shall serve as special government employee members. With the exception of travel and per diem for official travel, Board members shall serve without compensation. All Board members 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. With DoD approval, the Board is authorized to establish subcommittees, as necessary and consistent with its mission. 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. Sec. 552b), and other governing 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 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 travel and per diem for official travel, subcommittee members shall serve without compensation.

The U.S. Army Corps of Engineers, Sacramento District, (Corps) received a complete Department of the Army permit application from Tsakopoulos Investments (applicant) to fill 39.81 acres of waters of the United States to construct the proposed Excelsior Estates Project in Sacramento County, CA, in June 2010. The Corps, as the lead agency responsible for compliance with the National Environmental Policy Act (NEPA), determined that the proposed project may result in significant impacts to the environment, and that the preparation of an Environmental Impact Statement (EIS) is required. The applicant proposes to construct a mixed-use community including residential, commercial, office, schools, parks and open space land uses. The residential component of the proposed community would include approximately 4,400 single- and multi-family units, varying in density. The proposed project would also involve 57 acres of commercial and office uses, as well as two elementary schools and a combined middle school and high school on 102 acres. A proposed community park would be constructed on 20 acres and three neighborhood parks would be constructed on 31 acres. The proposed project would also involve the preservation of 123 acres on the eastern portion of the site, containing Morrison Creek and adjacent wetlands. The applicant also proposes to construct approximately 30 acres of drainageways and greenbelts. Finally, the proposed project would involve the construction of on-site and off-site infrastructure, consisting of roads and utility lines, including road extensions along Keifer Boulevard, Excelsior Road and the Jackson Highway. The project site is approximately 862 acres and contains 39.81 acres of waters of the U.S. In addition, the site also contains 13.61 acres of isolated, intrastate waters that are not subject to Corps jurisdiction, which may contain suitable habitat for Federally listed threatened and/or endangered species. The proposed project would involve the discharge of fill material into approximately 28.77 acres of waters of the United States, and the preservation of 11.04 acres of waters of the U.S. The proposed project would also involve the placement of fill material into 13.61 acres of isolated waters. The proposed project may also have indirect impacts on other waters of the U.S.

Announcement is made of the availability for licensing of the invention set forth in U.S. Provisional Patent Application Serial No. 61/521,446, entitled ``A Device and Method for Inducing Brain Injury in Animal Test Subjects,'' filed on August 9, 2011. The United States Government, as represented by the Secretary of the Army, has rights to this invention.

DoD, GSA, and NASA are proposing to amend the Federal Acquisition Regulation (FAR) to require contractors to complete training that addresses the protection of privacy, in accordance with the Privacy Act of 1974, and the handling and safeguarding of personally identifiable information.

The Department of the Army 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.

The Corps of Engineers is proposing to amend an existing permanent danger zone in the waters of the Atlantic Ocean off Wallops Island and Chincoteague Inlet, Virginia. The National Aeronautics and Space Administration, Goddard Space Flight Center, Wallops Flight Facility conducts rocket-launching operations. The proposed amendment is necessary to protect the public from hazards associated with the rocket-launching operations. The proposed amendment would increase the danger zone to a 30 nautical mile sector.

Pursuant to Section 10 (a), Public Law 92-463, on September 26, 2011 (76 FR 59388-59389) the Department of Defense Military Family Readiness Council (MFRC) announced a meeting to be held on October 17, 2011. This notice announces that the meeting date and time has been changed to November 21, 2011, from 2 p.m. to 4 p.m. All other information in the original notice remains the same. 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, November 15, 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, November 16, 2011.