Department of Defense March 2012 – Federal Register Recent Federal Regulation Documents

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 information collection requirement concerning progress payments. A notice was published in the Federal Register at 76 FR 81942, on December 29, 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 Federal Acquisition Regulation (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 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 Air University Board of Visitors (hereafter referred to as ``the Board''). The Board is a discretionary federal advisory committee that shall provide the Secretary of Defense through the Secretary of the Air Force, independent advice and recommendations on educational and doctrinal and research policies and activities of Air University. The Board shall: a. Review and evaluate progress of the educational programs and the support activities of the university; b. Review and evaluate the published statement of purpose, institutional polices, and financial resources of the university; and c. Review and evaluate the educational effectiveness, quality of student learning, administrative and educational support services, and teaching, research and public service of the university. The Secretary of the Air Force may act upon the Board's advice and recommendations. The Board shall be comprised of no more 35 members appointed by the Secretary of Defense who are eminent authorities in the field of air power, defense, management, leadership, and academia. All Board member appointments must be renewed by the Secretary of Defense on an annual basis. The Board's Chairperson shall be elected by a vote of the membership and approved by the Air University Commander and President. The President of the Naval Postgraduate School shall serve as an ex- offico member. Board members, who are not full-time or permanent part-time Federal officers or employees, shall be appointed to serve 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 Board related travel, Board members shall serve without compensation. Each Board member is appointed to provide advice on behalf of the government on the basis of his or her best judgment without representing any particular point of view and in a manner that is free from conflict of interest. The Department, when necessary, and consistent with the Board's mission and DoD policies and procedures, may establish subcommittees deemed necessary to support the Board. Establishment of subcommittees will be based upon a written determination, to include terms of reference, by the Secretary of Defense, the Deputy Secretary of Defense or the advisory committee's sponsor. The Committee shall establish five permanent subcommittees: 1. The Academic Affairs Subcommittee shall be comprised of nine members. The primary focus of the subcommittee is to provide advice and recommendations to the AU Board of Visitors concerning policies and practices concerning all academic matters across the university. More specifically, the subcommittee will review schools, programs, degree programs, academic and strategic plans, legislative and accreditation issues. The subcommittee will also review policies and practices on academic personnel (appointment, promotion, tenure, sabbaticals, etc) and the registrar functions. The estimated number and frequency of subcommittee meetings is two per year. 2. The Air Force Institute of Technology (AFIT) subcommittee shall be comprised of eight members. The primary focus of the subcommittee is to provide advice and recommendations to the Air University Board of Visitors concerning engineering and technology graduate programs. The estimated number and frequency of subcommittee meetings is one per year. 3. The Future Learning and Technology Subcommittee shall be comprised of six members. The subcommittee's primary focus is to provide advice and recommendations to the Air University Board of Visitors concerning the appropriate use of technology in delivery of educational programs; effective and efficient use of administrative computing; duplication; technological challenges, and implementation of new learning environments. The estimated number and frequency of subcommittee meetings is two per year. 4. The Institutional Advancement Subcommittee shall be comprised of nine members. The primary focus of the subcommittee is to provide advice and recommendations to the Air University Board of Visitors concerning policies regarding: federal and state grants and private funding of research, teaching and service (Grants); Air University Foundation; alumni affairs; community and outreach matters; public affairs/external relations; public relations, branding, advertising, news and information; facilities improvements and initiatives; strategic plans; spending and policy decisions (budget, contracts, salaries, etc.); tracking and analysis of administrative costs and effectiveness; reviewing proposed additions and renovations of existing facilities; and recommendations of candidates for Air University honorary degrees. The estimated number and frequency of subcommittee meetings is two per year. 5. The Air University Research Subcommittee shall be comprised of six members. The primary focus of the subcommittee is to provide advice and recommendations to the Air University Board of Visitors concerning research processes across the University (to include the Air Force Institute of Technology (AFIT), Air War College (AWC), Air Command and Staff College (ACSC), School of Advanced Air and Space Studies (SAASS), Air Force Research Institute (AFRI) and Fairchild Research Information Center (FRIC)) as well as discuss publication opportunities that enhance the University's effect across the Air Force and the world wide. The estimated number and frequency of subcommittee meetings is two per year. 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 any subcommittee or its members update or report directly to the DoD or any Federal officers or employees. Subcommittees shall comply with FACA. All subcommittee members shall be appointed in the same manner as the Board members; that is, the Secretary of Defense shall appoint subcommittee members even if the member in question is already a Board member. Subcommittee members, 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. Sec. 3109, and shall 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 Board related travel, subcommittee members shall serve without compensation. All subcommittees operate under the provisions of FACA, the Government in the Sunshine Act of 1976 (5 U.S.C. 552b), governing Federal statutes and regulations, and governing DoD policies/ procedures.

On March 16, 2012 (77 FR 15595-15596), Department of Defense published a direct final rule titled Privacy Act; Implementation. This rule corrects the paragraph identification in the added text.

DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to modify the threshold for noncompetitive contract peer reviews.

DoD is issuing an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement a section of the National Defense Authorization Act for Fiscal Year 2012 that requires that the statutory limitation on the acquisition of right-hand drive passenger sedans be included on the list of dollar thresholds subject to inflation adjustment.

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 Advisory Committee on Women in the Services (hereafter referred to as ``the Committee''). The Committee is a discretionary federal advisory committee that shall provide the Secretary of Defense through the Under Secretary of Defense for Personnel and Readiness, independent, advice and recommendations on matters and policies relating to women in the Armed Forces of the United States. The Under Secretary of Defense for Personnel and Readiness may act upon the Committee's advice and recommendations. The Committee shall be comprised of no more 20 members appointed by the Secretary of Defense who have experience with the military or with women's workforce issues. The Secretary of Defense shall select and appoint the Committee's chairperson from the total membership. All Committee member appointments must be renewed by the Secretary of Defense on an annual basis. The Secretary of Defense may appoint the Director of the Center for Women Veterans for the Department of Veterans Affairs to serve as a non-voting, ex-officio member, who participates in the Committee's deliberations. If appointed, he or she will not count toward the Committee's total membership, or to determine whether a quorum exists. The Under Secretary may request the appointment of additional experts and consultants to advise the Committee as subject matter experts. If approved by the Secretary of Defense, these experts and consultants, appointed under the authority of 5 U.S.C. 3109, shall have no voting rights on the Committee or its subcommittees, shall not count toward the Committee's total membership, and shall not engage in Committee deliberations. Committee members, who are not full-time or permanent part-time Federal officers or employees, shall be appointed to serve as experts and consultants under the authority of 5 U.S.C. 3109 and shall serve as special government employee members. With the exception of travel and per diem for official Committee related travel, Committee members shall serve without compensation. The Secretary of Defense may approve the appointment of Committee members for one to four year terms of service; however, no member, unless authorized by the Secretary of Defense, may serve more than two consecutive terms of service. This same term of service limitation also applies to any DoD authorized subcommittees. To the extent possible, approximately one-third of the membership should rotate on an annual basis. Each Committee member is appointed to provide advice on behalf of the government on the basis of his or her best judgment without representing any particular point of view and in a manner that is free from conflict of interest. The Department, when necessary, and consistent with the Committee's mission and DoD policies and procedures, may establish subcommittees deemed necessary to support the Committee. Establishment of subcommittees will be based upon a written determination, to include terms of reference, by the Secretary of Defense, the Deputy Secretary of Defense or the advisory committee's sponsor. Such subcommittees shall not work independently of the chartered Committee, and shall report all their recommendations and advice to the Committee for full deliberation and discussion. Subcommittees have no authority to make decisions on behalf of the chartered Committee; nor can any subcommittee or its members update or report directly to the DoD or any Federal officers or employees. Subcommittees shall comply with FACA. All subcommittee members shall be appointed in the same manner as the Committee members; that is, the Secretary of Defense shall appoint subcommittee members even if the member in question is already a Committee member. Subcommittee members, with the approval of the Secretary of Defense, may serve a term of service on the subcommittee of one to four years; however, no member shall serve more than two consecutive terms of service on the subcommittee. Subcommittee members, 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 shall 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 Committee related travel, subcommittee members shall serve without compensation. All subcommittees operate under the provisions of FACA, the Government in the Sunshine Act of 1976 (5 U.S.C. 552b), governing Federal statutes and regulations, and governing DoD policies/procedures.

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 the following Federal advisory committee meeting of the Defense Business Board (DBB).

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 incentive contracts. Public comments are particularly invited on: Whether this collection of information is necessary for the proper performance of functions of the Federal Acquisition Regulation (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.

In compliance with Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Department of the Army announces a proposed 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.

In compliance with Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Office of the Under Secretary of Defense (Personnel and Readiness) announces the following proposed 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 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.

The U.S. Army Corps of Engineers (USACE), Wilmington District (Corps) intends to prepare a Draft Environmental Impact Statement (DEIS) to evaluate the impacts of the proposed alternatives to reduce coastal storm damages from beach erosion on Bogue Banks North Carolina. The Bogue Banks study area is located on the coast of North Carolina, about 80 miles north of Wilmington, North Carolina. This area is at risk from hurricanes and winter storms, which regularly erode the shoreline, causing damage to structures and environmental resources. The proposed Bogue Banks Coastal Storm Damage Reduction (CSDR) Feasibility Study will evaluate several alternatives. These alternatives may include restoration of berms and dunes, with stabilizing vegetation on dunes, removal and/or relocation of structures, and the no-action alternative. The potential project area may be up to 24 miles in length, from Beaufort to Bogue Inlets. The potential benefits from the proposed project include storm damage reduction to structures and their related infrastructure (i.e., roads, utility lines, etc.), improved aesthetic and recreation opportunities, and improved habitat conditions for endangered species. The DEIS is being prepared in accordance with the requirements of the National Environmental Policy Act (NEPA) of 1969, as amended, and will address the relationship of the proposed action to other applicable Federal and State Laws and Executive Orders.

The Department of the Navy published a document in the Federal Register (77 FR 11497) on February 27, 2012, concerning public scoping meetings to support the development of an Environmental Impact Statement/Overseas Environmental Impact Statement for the Northwest Training and Testing Study Area. The document contained an incorrect comment period closing date.

The U.S. Army Corps of Engineers published a document in the Federal Register of February 21, 2012, concerning the reissuance of nationwide permits. This document contains corrections to that final notice.

The U.S. Central Command 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.

Defense Intelligence Agency (DIA) is proposing to update the DIA Privacy Act Program by adding an exemption to accurately describe the basis for exempting the records in the system of records notice LDIA 0660, Security and Counterintelligence Records. This direct final rule makes nonsubstantive changes to the Defense Intelligence Agency (DIA) Privacy Program rules. These changes will allow the Department to add an exemption rule to the DIA Privacy Program rules that will exempt applicable Department records and/or material 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 applicable records and/or material when the purposes underlying the exemption(s) are valid and necessary. 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.

The Defense Intelligence Agency is deleting an exemption rule for LDIA 0275, ``DoD Hotline Referrals'' in its entirety. This direct final rule makes nonsubstantive changes to the Defense Intelligence Agency Privacy Program rules. These changes will allow the Department to transfer these records to another system of records, LDIA 0271.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 are 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.

The Defense Intelligence Agency (DIA) is adding a new exemption rule for LDIA 0010, entitled ``Information Requests-Freedom of Information Act (FOIA) and Privacy Act'' 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. This will improve the efficiency and effectiveness of DoD's program by allowing those records that are only exempt from pertinent provisions of law, to the extent such provisions have been identified and an exemption claimed for the original record and the purposes underlying the exemption for the original record, to still pertain to the record which is now contained in this system of 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.

The National Security Agency/Central Security Service (NSA/ CSS) is adding a new exemption rule for GNSA 29 to exempt those records that are presently exempt from certain requirements of the Privacy Act. This direct final rule makes nonsubstantive changes to the National Security Agency/Central Security Service Privacy 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 are 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.

The Office of the Secretary of Defense is exempting those records contained in DMDC 13 DoD, entitled ``Defense Clearance and Investigations Index (DCII),'' pertaining to investigatory material compiled for law enforcement purposes to enable OSD components to conduct certain investigations and relay law enforcement information without compromise of the information, protect investigative techniques and efforts employed, and identities of confidential sources who might not otherwise come forward and who furnished information under an express promise that the sources' identity would be held in confidence. The exemption will allow DoD to provide protection against notification of investigatory material including certain reciprocal investigations and counterintelligence information, which might alert a subject to the fact that an investigation of that individual is taking place, and the disclosure of which would weaken the on-going investigation, reveal investigatory techniques, and place confidential informants in jeopardy who furnished information under an express promise that the sources' identity would be held in confidence. Further, requiring OSD to grant access to records and agency rules for access and amendment of records would unfairly impede the investigation of allegations of unlawful activities. To require OSD to confirm or deny the existence of a record pertaining to a requesting individual may in itself provide an answer to that individual relating to an on-going investigation. The investigation of possible unlawful activities would be jeopardized by agency rules requiring verification of record, disclosure of the record to the subject, and record amendment procedures. This direct final rule makes nonsubstantive changes to the Office of the Secretary Privacy Program rules. These changes will allow the Department to add an exemption rule to the Office of the Secretary of Defense Privacy Program rules that will exempt applicable Department records and/or material from certain portions of the Privacy Act. This change will allow the Department to move part of the Department's personnel security program records from the Defense Security Service Privacy Program to the Office of the Secretary of Defense Privacy Program. This will improve the efficiency and effectiveness of DoD's program by preserving the exempt status of the applicable records and/or material when the purposes underlying the exemption(s) are valid and necessary. 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.

The Joint Service Committee on Military Justice (JSC) is forwarding final proposed amendments to the Manual for Courts-Martial, United States (MCM) to the Department of Defense. The proposed changes constitute the 2012 revision of the Military Rules of Evidence (M.R.E.) in the MCM in accordance with DoD Directive 5500.17, ``Role and Responsibilities of the Joint Service Committee (JSC) on Military Justice,'' May 3, 2003. The proposed changes affect all the M.R.E. and are in conformity, to the extent practicable, with the Federal Rules of Evidence. 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.

The U.S. Army Corps of Engineers, Galveston District, has received a permit application for a Department of the Army (DA) Permit pursuant to Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403) and Section 404 of the Clean Water Act (33 U.S.C. 1344) from Baryonyx Corporation, Inc. (SWG-2011-00511) for the proposed approximately 300-turbine offshore wind farm located in the Gulf of Mexico state waters, offshore Willacy and Cameron Counties in state tracts: 1068, 1069, 1085, 1086, 1087, 1088, 1089, 1090, 1126, 1127, 1129, 1130 and 1131. The primary Federal involvement associated with the proposed action is the discharge or dredged or fill material into waters of the United States, and the construction of structures that may affect navigable waters. Federal authorizations for the proposed project would constitute a ``major federal action.'' Based on the potential impacts, both individually and cumulatively, the Corps intends to prepare an Environmental Impact Statement (EIS) in compliance with the National Environmental Policy Act to render a final decision on the permit applications. The Corps' decision will be to issue, issue with modification or deny DA permits for the proposed action. The EIS will assess the potential social, economic and environmental impacts of the construction and operation of the offshore wind farm, associated facilities, and appurtenances and is intended to be sufficient in scope to address Federal, State and local requirements, environmental and socio-economic issues concerning the proposed action, and permit reviews.

The Defense Intelligence Agency is deleting a system of records notice in its existing inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended.

The Department of Veterans Affairs (VA) proposes to establish in regulation the readjustment counseling currently provided in VA's Vet Centers to certain veterans of the Armed Forces and members of their immediate families, and to implement provisions of the Caregivers and Veterans Omnibus Health Services Act of 2010 (the 2010 Act) regarding readjustment counseling. Although for several decades VA has provided readjustment counseling to veterans and members of their immediate families, a regulation is now explicitly required by the 2010 Act. The 2010 Act makes certain current members of the Armed Forces who served on active duty in Operation Enduring Freedom or Operation Iraqi Freedom eligible for the readjustment counseling that VA currently provides to veterans and members of their immediate families. In addition, the proposed regulation would authorize Vet Centers to provide referral and advice to individuals who are not otherwise eligible for such counseling, and served in a theater of combat operations or in an area during a period of hostilities in that area, in accordance with the 2010 Act.

The Department of the Navy hereby gives notice of its intent to grant to MHM Technologies, LLC a revocable, nonassignable, exclusive license to practice in the United States, the Government-owned invention described in U.S. Patent application 12/793,503 (Navy Case 100,000): Filed June 3, 2010, entitled ``Auto Adjusting Ranging Device''.