Department of Defense May 3, 2012 – Federal Register Recent Federal Regulation Documents

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 Military Personnel Testing (hereafter referred to as ``the Committee''). The Committee shall provide the Secretary of Defense, through the Under Secretary of Defense for Personnel and Readiness (hereafter referred to as the Under Secretary) with assistance and independent advice on matters pertaining to military personnel testing relating to enlisted selection and classification testing. The Committee shall review the calibration of personnel selection and classification tests to ensure the accuracy of resulting scores, review relevant validations studies to ensure that the tests have utility in predicting success in technical and on-the-job training, review on-going testing research and development in support of the enlistment program, and make recommendations for improvements to make the testing process more responsive to the Department of Defense (DoD), and the Military Services needs. The Committee shall be composed of not more than seven members who are eminent authorities in the fields of educational and psychological testing. Committee members, with the approval of the Secretary of Defense, shall serve a term of service of three years, with annual renewals of the member's appointment; however, no member shall serve on the Committee for more than two consecutive terms of service. The Committee members shall elect the Committee's Chairperson for a term not to exceed two years. Committee 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. Committee members appointed by the Secretary of Defense, 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 to serve as special government employees. With the exception of travel and per diem for official travel, Committee members shall serve without compensation. The Under Secretary shall select and appoint the Committee's chairperson from the total membership. The Department, when necessary, and consistent with the Committee's mission and DoD policies and procedures, may establish task groups, subcommittees, or working groups deemed necessary to support the Committee. Establishment of task groups, subcommittees, or working groups, will be based upon a written determination, to include terms of reference, by the Secretary of Defense, the Deputy Security of Defense, or the advisory committee's sponsor. These subcommittees or working groups shall operate under the provisions of the FACA, the Government in the Sunshine Act, governing Federal statutes and regulations, and governing DoD policies/procedures. Such subcommittees or task groups 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. 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 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 to serve as special government employees, whose appointments must be renewed on an annual basis. With the exception of travel and per diem for official travel, subcommittee members shall serve without compensation.

On April 27, 2012 (77 FR 25150), the National Defense University Board of Visitors gave notice of a date correction to an open meeting that was to be held on May 2, 2012, from 10:00 a.m. to 5:00 p.m. Subsequent to the publication of that notice, Department of Defense learned that the May 2 meeting would be cancelled. This notice announcing the cancellation is publishing in the Federal Register after the May 2 open meeting was to have been held.

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

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

The National Security Agency/Central Security Service 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 U.S. Army Corps of Engineers (Corps) is proposing to amend its regulations to establish a new restricted area in the waters surrounding the U.S. Coast Guard Base Miami Beach, Florida (Base Miami Beach). Base Miami Beach is composed of multiple U.S. Coast Guard (USCG) units, both land and waterside. The facility has one of the highest operational tempos in the USCG for both routine and emergency operations. The amendment to the regulations is necessary to enhance the USCG's ability to secure their shoreline to counter postulated threats against their personnel, equipment, cutters and facilities by providing stand-off corridors encompassing the waters immediately contiguous to Base Miami Beach. The amendment will also serve to protect the general public from injury or property damage during routine and emergency USCG operations and provide an explosive safety arc buffer during periodic transfer of ammunitions between units, including cutters.