Department of Defense 2011 – Federal Register Recent Federal Regulation Documents

The U.S. Army Corps of Engineers (Corps) is soliciting comments for the reissuance of the existing nationwide permits (NWPs), general conditions, and definitions, with some modifications. The Corps is also proposing to issue two new NWPs and two new general conditions. The Corps is requesting comment on all aspects of these proposed nationwide permits. More specifically, the Corps is requesting comments on options for NWP 21, which authorizes discharges of dredged or fill material into waters of the United States associated with surface coal mining activities, such as reissuing NWP 21 with modifications or not reissuing NWP 21. The Corps is also seeking comments on whether to reissue NWP 48 with modifications to authorize new commercial shellfish aquaculture activities or to issue a separate NWP to authorize only new commercial shellfish aquaculture activities. The reissuance process starts with today's publication of the proposed NWPs in the Federal Register for a 60-day comment period. The purpose of this Federal Register notice is to solicit comments on the proposed new and modified NWPs, as well as the NWP general conditions and definitions. Shortly after the publication of this Federal Register notice, each Corps district will publish a public notice to solicit comments on their proposed regional conditions for the new and modified NWPs. The comment period for these district public notices will be 45 days.

The U.S. Department of the Navy (Navy) announces its decision to dispose of the Naval Air Station (NAS) Brunswick property and its outlying properties (defined as the McKeen Street Housing Annex, East Brunswick Radio Transmitter Site, and Sabino Hill Rake Station) in a manner consistent with the Brunswick Naval Air Station Reuse Master Plan as outlined in the Final Environmental Impact Statement (FEIS) under Alternative 1, the Preferred Alternative.

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.

This notice informs the public that the Global Positioning Systems Directorate will be hosting an Interface Control Working Group (ICWG) meeting for document ICD-GPS-870, Navstar Next Generation GPS Operational Control Segment (OCX) to User Support Community Interfaces. This document captures the same interface as ICD-GPS-240 (Navstar GPS Control Segment to User Support Community Interfaces), but for the OCX era. Therefore, the meeting will only address the OCX data formats definition and the OCX information assurance requirements for data integrity. The ICWG is open to the general public. For those who would like to attend and participate in this ICWG meeting, you are requested to register to attend the meeting no later than 26 March 2011. Please send the registration to Jaime.valdivia.ctr@losangeles.af.mil and provide your name, organization, telephone number, address, and country of citizenship. More information, including Comments Resolution Matrix (CRM) form, Was/Is Matrix and Redlined ICD, will be posted at: https:// www.gps.gov/technical/ICWG/& https://www.navcen.uscg.gov/ (under the News and Notices section) If you have any comments, please provide them in the CRM form and limit your comments to the Was/Is Matrix and the redlined areas of the ICDs which key on changes to the OCX data formats and IA requirements only. Submit your CRM comments to Jaime Valdivia by 26 March 2011. Date/Time: 28 April 11/8 a.m.-5 p.m. DIAL-IN INFO and LOCATION: Phone Number: 1-800-366-7242 Code: 1745510. Address: SAIC Facility*, 300 N. Sepulveda Blvd, El Segundo, CA 90245, 2nd Floor, CR-2060, * Identification will be required at the entrance of the SAIC facility (Passport, State ID or Federal ID). SAIC facility phone number: 1-310-416-8300.

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.

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 DoD Medicare-Eligible Retiree Health Care Board of Actuaries will take place:

Pursuant to the provisions of section 10 of Public Law 92-463, the Federal Advisory Committee Act, notice is hereby given that closed meetings of the Department of Defense Wage Committee will be held on Tuesday, March 8, 2011, and Tuesday, March 22, 2011.

Under the provision 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 DoD Board of Actuaries will take place:

Section 342(b) of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 1995, Public Law (Pub. L.) 103-337 (10 U.S.C. 2358 note), as amended by section 1109 of NDAA for FY 2000, Public Law 106-65, and section 1114 of NDAA for FY 2001, Public Law 106-398, authorizes the Secretary of Defense to conduct personnel demonstration projects at DoD laboratories designated as Science and Technology Reinvention Laboratories (STRLs). The above-cited legislation authorizes DoD to conduct demonstration projects to determine whether a specified change in personnel management policies or procedures would result in improved Federal personnel management. Section 1105 of the NDAA for FY 2010, Public Law 111-84, 123 Stat. 2486, October 28, 2009, designates additional DoD laboratories as STRLs for the purpose of designing and implementing personnel management demonstration projects for conversion of employees from the personnel system which applied on October 28, 2009. The NAWCAD and the NAWCWD are listed in subsection 1105(a) of NDAA for FY 2010 as two of the newly designated STRLs. These two STRLs will be the participants in the demonstration project proposal described in this Federal Register Notice (FRN).

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.

The Department of the Army is finalizing revisions to its regulation concerning radiation sources on Army land. The Army requires non-Army agencies (including their civilian contractors) to obtain an Army Radiation Permit (ARP) from the garrison commander to use, store, or possess ionizing radiation sources on an Army installation. For the purpose of this rule, ``ionizing radiation source'' means any source that, if held or owned by an Army organization, would require a specific Nuclear Regulatory Commission (NRC) license or Army Radiation Authorization (ARA). The purpose of the ARP is to protect the public, civilian employees, and military personnel on an installation from potential exposure to radioactive sources. The U.S. Army Safety Office, which is the proponent for the Army Radiation Safety Program, is finalizing revisions to the regulation to reflect the NRC changes to licensing of Naturally-Occurring and Accelerator-Produced Radioactive Material (NARM). Executive Order 12866 Regulatory Planning and Review was followed to rewrite this rule.

The Department of the Navy 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.

In accordance with 35 U.S.C. 209(e), and 37 CFR 404.7(a)(1)(i), announcement is made of the intent to grant an exclusive, revocable license, to U.S. Patent No. 6,254,873, issued July 3, 2001, entitled ``Inactivated Dengue Virus Vaccine,'' for the field of use involving any prophylactic and/or therapeutic purified inactivated vaccine against Dengue virus for human use. The intended licensee is GlaxoSmithKline Bio, with its principal place of business at 89 Rue de l'Institut, 1330 Rixensart, Belgium.

The Department of the Army announces the availability of the Final PEIS for the proposed growth, realignment, and stationing of new and existing Army aviation assets. The proposed action includes the consolidation and reorganization of existing aviation units, and the potential establishment of one or more Combat Aviation Brigades (CABs). The proposed action will increase the availability of helicopter assets to meet current and future national security requirements, and will allow the Army better to organize existing aviation assets to promote more effective training and force management. The Final PEIS evaluates the environmental impacts associated with the proposed action, which includes the stationing of aviation units, the construction and renovation of garrison facilities, and additional training activities needed to support the readiness of aviation units. In addition, the Final PEIS addresses comments received on the Draft PEIS. Land acquisition is not being considered as part of this action. The Final PEIS considers the following alternatives: Alternative 1Realign and Station Existing Aviation Elements of Up to a Full CAB or Activate and Station a New CAB at Fort Carson Colorado (CO). Under this alternative, the Army will consolidate existing aviation units not currently assigned to a CAB into a standard CAB structure at Fort Carson or activate a new CAB at Fort Carson. As part of this alternative, aviation units will conduct training on existing land at Pinon Canyon Maneuver Site (PCMS), CO, in order to maintain training proficiency and support integrated training with ground units. Land acquisition is not being considered as part of this action. Alternative 2Realign and Station Existing Aviation Elements of Up to a Full CAB or Grow, Station, and Activate a CAB at Joint Base Lewis-McChord (JBLM) Washington (WA). Under this alternative, the Army either will consolidate existing aviation units not currently assigned to a CAB into a standard CAB structure at JBLM or activate a new CAB at JBLM. As part of this alternative, aviation units will conduct training on existing training land at Yakima Training Center (YTC), WA, in order to maintain training proficiency and support integrated training with ground units. Land acquisition is not being considered as part of this action. Alternative 3 (Preferred)Implement Alternatives 1 and 2. Under this alternative, the consolidated units forming a CAB would be stationed at one installation, and the new CAB would be activated and stationed at the other installation. Fort Carson and JBLM would each gain up to one CAB. As part of this alternative, aviation units would conduct training on existing training land at the installations' training maneuver areas (PCMS for Fort Carson and YTC for JBLM) in order to maintain training proficiency and support integrated training with ground units. Land acquisition is not being considered as part of this action. Alternative 4No Action Alternative. Under this alternative, the Army would retain its aviation force structure at its current levels, configurations, and locations. Aviation units continue to be one of the Army's most stressed forces currently on 12-month deployments after every one year at home. The Army's goal is to give active-duty Soldiers two years at home for every year they're deployed. The completion of these stationing actions will provide sufficient aviation assets to allow Soldiers more time at home between deployments. Fort Carson and JBLM are the only stationing alternatives that meet all of the Army's stationing requirements for new CAB stationing. These locations have existing runways and airfields, provide adequate maneuver and airspace for CAB operations, and are equipped with existing training ranges that can support CAB training. Most importantly, Fort Carson and JBLM are the only major installations that have three or more Brigade Combat Teams but no CAB dedicated to provide aviation support for training. The proposed action would allow the Army to maximize integrated air-ground training. Land acquisition is not being considered as part of this action.

DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to require contractors to report loss of Government property to the Defense Contract Management Agency (DCMA) eTools application.

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, and invites public comments on the Draft Programmatic Environmental Assessment (Draft PEA) for the development and operation of small-scale wind energy projects at United States Marine Corps (USMC) facilities throughout the Continental United States (CONUS). A PEA evaluates a major action on a broad, programmatic basis. Thus, site-specific NEPA analysis may be tiered off this document as appropriate. Dates and Addresses: The public comment period begins upon publication of a Notice of Availability (NOA) for the Draft PEA in the Federal Register. The comment period will last for 30 days thereafter. The Draft PEA is 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. Comments: All comments, written or submitted via the internet, are treated equally, become part of the public record on the Draft PEA, and will be considered in the Final PEA. During the 30-day comment period, all written comments should be mailed to MARFORRES, Facilities, Attn: Alain Flexer, 4400 Dauphine Street, New Orleans, LA 70146-5400. Please submit all comments by the end of the 30-day comment period.

The Per Diem, Travel and Transportation Allowance Committee is publishing Civilian Personnel Per Diem Bulletin Number 274. This bulletin lists revisions in the per diem rates prescribed for U.S. Government employees for official travel in Alaska, Hawaii, Puerto Rico, the Northern Mariana Islands and Possessions of the United States. AEA changes announced in Bulletin Number 194 remain in effect. Bulletin Number 274 is being published in the Federal Register to assure that travelers are paid per diem at the most current rates.

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 Wednesday, 16 February 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., Friday, 18 February 2011.

The meeting of the Reserve Forces Policy Board, scheduled for Tuesday and Wednesday, January 25th and 26th, 2011, was cancelled. The meeting was announced in the Federal Register on December 8, 2010 (Volume 75, No. 235) FR (76423). The purpose of the meeting was an open meeting of the Reserve Forces Policy Board. The meeting was canceled due to the less than required number of attendees required to hold the meeting.

Pursuant to Section 102(2)(c) of the National Environmental Policy Act of 1969, as implemented by the Council on Environmental Quality regulations (40 Code of Federal Regulations [CFR] parts 1500- 1508), the Department of the Navy (Navy) announces its intent to prepare an Environmental Impact Statement (EIS) to identify and evaluate the potential environmental consequences associated with providing facilities and functions to homebase the F-35C Joint Strike Fighter (JSF) aircraft on the West Coast of the United States. Under this proposal, a total of seven active-duty F/A-18C Hornet aircraft squadrons and one fleet replacement squadron (FRS) will progressively transition from F/A-18C Hornet aircraft to the more advanced F-35C JSF beginning in 2015. This transition will occur as a one-for-one replacement. The aging FA-18C Hornet aircraft are expected to be replaced with F-35C aircraft by 2025. The Navy will evaluate two basing options (plus a no action alternative) to efficiently and economically transition the F-35C aircraft into the fleet. This basing action is consistent with past Navy strike-fighter homebasing actions. Dates and Addresses: Public scoping meetings are scheduled to receive oral and/or written comments on environmental concerns that should be addressed in the EIS, as follows: 1. Tuesday, February 15, 2011, at the Southwest High School, 2001 Ocotillo Drive, El Centro, CA 92243 (located in Imperial County, California). 2. Thursday, February 17, 2011, at Lemoore Senior Center, 789 South Lemoore Avenue (18th Avenue), Lemoore, CA (located in Kings County, California). Each meeting will occur from 5 p.m. to 8 p.m. The meetings will be an open house format with informational displays and materials available for public review. The public will have an opportunity to submit written comments on environmental concerns that should be addressed in the U.S. Navy F-35C West Coast Homebasing EIS. Navy staff will be present at these open houses to answer questions.

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 the Missile Defense Agency and the Office of the Director, Defense Procurement and Acquisition Policy, Office of Strategic Sourcing (DPAP/SS) will make available to the public the FY2009 inventory of activities performed pursuant to contracts for services. The inventory will be published to the Missile Defense Agency (MDA) Web site at the following location: https://www.mda.mil/business/acquisition_center.html.

DoD, GSA, and NASA are issuing an interim rule amending the Federal Acquisition Regulation (FAR) to implement section 3010 of Supplemental Appropriations Act, 2010. Section 3010 requires that the information in the Federal Awardee Performance and Integrity Information System (FAPIIS), excluding past performance reviews, shall be made publicly available. This interim rule notifies contractors of this new statutory requirement for public access to FAPIIS and creates a new FAR clause to support the posting of information in FAPIIS consistent with section 3010. All information posted in FAPIIS on or after April 15, 2011, except for past performance reviews, will be publicly available.

Under the provisions of the Paperwork Reduction Act of 1995 (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 to a currently approved information collection requirement concerning contract financing. A notice was published in the Federal Register at 75 FR 29547 on May 26, 2010. One comment was 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.

Section 342(b) of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 1995, Public Law 103-337 (10 U.S.C. 2358 note), as amended by section 1109 of NDAA for FY 2000, Public Law 106- 65, and section 1114 of NDAA for FY 2001, Public Law 106-398, authorizes the Secretary of Defense to conduct personnel demonstration projects at DoD laboratories designated as Science and Technology Reinvention Laboratories (STRLs) to determine whether a specified change in personnel management policies or procedures would result in improved Federal personnel management. Section 1105 of the NDAA for FY 2010, Public Law 111-84, 123 Stat. 2486, October 28, 2009, designates additional DoD laboratories as STRLs for the purpose of designing and implementing personnel management demonstration projects for conversion of employees from the personnel system which applied on October 28, 2009. The ARDEC is listed in subsection 1105(a) of NDAA for FY 2010 as one of the newly designated STRLs.

Pursuant to Section 9355, Title 10, United States Code (U.S.C.), the United States Air Force Academy (USAFA) Board of Visitors (BoV) will meet in Harmon Hall, 2304 Cadet Drive, Suite 3300, at USAFA in Colorado Springs, CO, on 4-5 February 2011. The meeting will begin on Friday, 4 February at 1330 p.m. and continue the next day, 5 February at 0710 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 updates on select USAFA metrics; an overview of the bi-annual Sexual Assault and Gender Relations Report; an overview of the USAFA diversity strategic plan; an overview of Don't Ask Don't Tellthe Way Ahead; and an overview of the Association of Graduates and University Endowment. 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 two portions of this meeting be closed to the public because it will involve matters covered by subsection (c)(6) of 5 U.S.C. 552b. The Character update/ Status of discipline will discuss protected information on individual cases. Likewise, the focus groups will require cadets to share personal information, opinions and experiences concerning their superiors, peers, and the Academy. Closure of these portions of the meeting is appropriate under 5 U.S.C. 552b(c)(6) to protect the privacy of low level ``employees.'' 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.