Department of Defense 2011 – Federal Register Recent Federal Regulation Documents

The Department of the Navy published a document in the Federal Register (76 FR 174) on September 8, 2011, concerning public scoping meetings to support the development of an Environmental Impact Statement/Overseas Environmental Impact Statement for the Mariana Islands Training and Testing Study Area. The document contained an incorrect scoping date.

DoD is issuing an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement those sections of the National Defense Authorization Acts (NDAA) for Fiscal Years (FY) 2011 and 2010 providing increased statutory authorities to reduce or deny award fees to companies found to jeopardize the health or safety of Government personnel and adding a mechanism to decrease or eliminate a contractor's award fee for a specific performance period. In addition, this rule modifies the section of the NDAA for FY 2009 that requires that information on the final determination of award fee be entered into the Federal Awardee Performance and Integrity Information System (FAPIIS).

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 United States Air Force Scientific Advisory Board (SAB) meeting will take place 13 to 14 October 2011 at SAFTAS Conference and Innovation Center, 1550 Wilson Blvd., Arlington, VA 22209. The meeting on Wednesday, 13 October, will be from 7:15 a.m.-4:30 p.m., with the sessions from 8:45 a.m. to 9:45 a.m. and 1:15 p.m. to 2:15 p.m. open to the public. The banquet from 8 p.m. to 9 p.m. on 13 October at the Army Navy Country Club in Arlington, VA will also be open to the public. The meeting on Thursday, 14 October, will be from 8 a.m.-11:30 a.m. and closed to the public in its entirety. The purpose of this Air Force Scientific Advisory Board quarterly meeting is to introduce the FY12 SAB study topics tasked by the Secretary of the Air Force and receive presentations that address relevant subjects to the SAB mission to include introduction of the new Board members for FY12, status of FY11 studies and the FY12 Board schedule; the Air Force's high dependence on space for navigation, timing, communications, weather, and intelligence, surveillance, reconnaissance; increased space asset vulnerability; latest updates on the ongoing Aircraft Oxygen Generation Study by the Board; Air Force Global Strike Command overview highlighting high priority capability gaps and technology solution partnerships; Air Force Research Laboratory overview focusing on the Air Force Science and Technology plan emphasizing next generation energy, autonomy, sustainment, cyber, and ISR capabilities; improving the value of intelligence data collection and maximizing timely insight and safe and secure cyber ops; acquisition challenges amid new era of defense policy and lessons learned from challenged acquisition programs; and balancing today's needs with tomorrow's challenges to prepare for full-spectrum operations. In accordance with 5 U.S.C. 552b, as amended, and 41 CFR 102-3.155, The Administrative Assistant of the Air Force, in consultation with the Air Force General Counsel, has agreed that the public interest requires some sessions of the United States Air Force Scientific Advisory Board meeting be closed to the public because they will discuss information and matters covered by sections 5 U.S.C. 552b(c)(1). Any member of the public wishing to provide input to the United States Air Force Scientific Advisory Board 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 and the procedures described in this paragraph. Written statements can be submitted to the Designated Federal Officer at the address detailed below at any time. Statements being submitted in response to the agenda mentioned in this notice must be received by the Designated Federal Officer at the address listed below at least five calendar days prior to the meeting which is the subject of this notice. Written statements received after this date may not be provided to or considered by the United States Air Force Scientific Advisory Board until its next meeting. The Designated Federal Officer will review all timely submissions with the United States Air Force Scientific Advisory Board Chairperson and ensure they are provided to members of the United States Air Force Scientific Advisory Board before the meeting that is the subject of this notice.

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: Department of Defense Task Force on the Care, Management, and Transition of Recovering Wounded, Ill, and Injured Members of the Armed Forces (subsequently referred to as the Task Force).

On March 7, 2011 (76 FR 12508-12548), DoD published notice of approval of a personnel management demonstration project for eligible TARDEC employees. Within that notice the table showing the compensation regions defined by Normal Pay Ranges was misprinted. The Reduction-in- Force service credit was described erroneously, and several occupational series were omitted from the Occupational Families listed. This notice corrects these errors.

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, the Department of Defense announces the following Federal advisory committee meeting of the Reserve Forces Policy Board (RFPB).

The Naval Research Advisory Committee (NRAC) will meet September 19-21, 2011 to discuss materials in support of the study: Processes for the Use of BA4 Funding. All sessions on Monday, September 19; Tuesday, September 20; and Wednesday, September 21 will be open to the public.

The U.S. Army Corps of Engineers (USACE) is issuing this notice to advise the public that a Draft Environmental Impact Statement (DEIS) has been completed and is available for review and comment.

This notice responds to comments on the selection criteria to be used to select grant applicants for funding from the Office of Economic Adjustment (OEA) for construction of Transportation Infrastructure Improvements associated with medical facilities related to recommendations of the 2005 Defense Base Closure and Realignment Commission. The July 21, 2011, Federal Register notice announced proposal requirements, the deadline for submitting proposals, and the criteria that will be used to select proposals. Because this is a new one-time program, however, the July 21, 2011, notice also requested comments on the proposed selection criteria for these grants, as provided in Section V, paragraph 1, of that notice. This notice responds to the comments that were received and issues the final selection criteria for the program.

Pursuant to Section 10 (a), Public Law 92-463, as amended, notice is hereby given of a forthcoming meeting of the Defense Advisory Committee on Women in the Services (DACOWITS). The purpose of the meeting is for the Committee to receive a follow-up briefing from the Sexual Assault Prevention and Response Office and the Services on the Committee's requests for information concerning sexual assault and sexual harassment. Additionally, the Committee will develop and approve recommendations for the 2011 report. The meeting is open to the public, subject to the availability of space. Interested persons may submit a written statement for consideration by the Defense Advisory Committee on Women in the Services. Individuals submitting a written statement must submit their statement to the Point of Contact listed below at the address detailed below no later than 5 p.m., Tuesday, September 20, 2011. If a written statement is not received by Tuesday, September 20, 2011, prior to the meeting, which is the subject of this notice, then it may not be provided to or considered by the Defense Advisory Committee on Women in the Services until its next open meeting. The Designated Federal Officer will review all timely submissions with the Defense Advisory Committee on Women in the Services Chairperson and ensure they are provided to the members of the Defense Advisory Committee on Women in the Services. If members of the public are interested in making an oral statement, a written statement should be submitted as above. After reviewing the written comments, the Chairperson and the Designated Federal Officer will determine who of the requesting persons will be able to make an oral presentation of their issue during an open portion of this meeting or at a future meeting. Determination of who will be making an oral presentation is at the sole discretion of the Committee Chair and the Designated Federal Officer and will depend on time available and if the topics are relevant to the Committee's activities. Two minutes will be allotted to persons desiring to make an oral presentation. Oral presentations by members of the public will be permitted only on Thursday, September 22, 2011 from 4:15 p.m. to 5 p.m. in front of the full Committee. Number of oral presentations to be made will depend on the number of requests received from members of the public.

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 Board of Visitors of the Marine Corps University will meet to review, develop and provide recommendations on all aspects of the academic and administrative policies of the University; examine all aspects of professional military education operations; and provide such oversight and advice, as is necessary, to facilitate high educational standards and cost effective operations. The Board will be focusing primarily on the internal procedures of Marine Corps University. All sessions of the meeting will be open to the public.

The Department of the Army 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 Department of the Army 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 Corps of Engineers is extending the comment period for the Notice of Intent (NOI) to prepare a Draft Environmental Impact Statement for the Skagit River General Investigation Study (previously advertised as the Skagit River Flood Damage Reduction Study), Skagit County, Washington. This extension will provide interested persons with additional time to prepare comments on the NOI.

The action being taken is the preparation of a joint supplemental environmental impact statement/environmental impact report (EIS/EIR) for the Folsom Dam Modification, Approach Channel Project. The EIS/EIR will be prepared in accordance with the National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA). The U.S. Army Corps of Engineers (USACE) will serve as lead agency for compliance with NEPA, and the State of California Central Valley Flood Protection Board (CVFPB) will serve as lead agency for compliance with CEQA. The Folsom Dam Modification Project, Approach Channel will evaluate alternatives, including a locally preferred plan, for providing dam safety and flood damage reduction at Folsom Dam located downstream from the confluence of the North and South Forks of the American River near the city of Folsom, California.

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.