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

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.

Under the provisions of 10 U.S.C. 2166(e), 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(a), the Department of Defense gives notice that it is renewing the charter for the Army Education Advisory Committee (hereafter referred to as ``the Committee''). The Committee shall provide independent advice and recommendations on matters relating to U.S. Army educational matters. The Committee shall report to the Secretary of Defense, through the Secretary of the Army and the Chief of Staff of the U.S. Army. The Secretary of the Army may act upon the Committee's advice and recommendations. The Committee shall be composed of not more than 15 members, who are eminent authorities in the field of defense, management, leadership, and academia. All Committee members shall be appointed by the Secretary of Defense and all member appointments require annual renewal by the Secretary of Defense. The Secretary of Defense may approve the appointments of Committee members for three-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. Committee members appointed by the Secretary of Defense, who are not full-time or permanent part-time federal officers or employees, shall be appointed under the authority of 5 U.S.C. 3109, and serve as special government employees. In addition, all Committee members, with the exception of travel and per diem for official travel, shall serve without compensation. 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 Assistant Deputy Chief of Staff (G-3/5/7), U.S. Army Training and Doctrine Command, will serve as a non-voting member of the Committee and will appoint the Committee's Chairperson and Vice Chairperson from the total Committee membership. The Secretary of the Army or designated representative may invite other distinguished Government officers to serve as non-voting observers of the Committee. The Secretary of the Army, pursuant to DoD policies and procedures, may appoint, as deemed necessary, non-voting consultants to provide special expertise to the Committee. These consultants, if not full-time or part-time government employees, shall be appointed under the authority of 5 U.S.C. 3109, shall serve as special government employees, shall be appointed on an intermittent basis to work specific Committee-related efforts, and shall have no voting rights. 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 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 Department of Defense or any Federal officers or employees. All subcommittee members shall be appointed in the same manner as 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 three years subject to annual renewals; 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.

On July 18, 2012 (77 FR 42297), the Department of Defense Military Family Readiness Council (MFRC) announced a meeting to be held on Tuesday, August 15, 2012, from 2:00 p.m. to 4:00 p.m. at Pentagon Conference Center B6. Pursuant to Section 10(a), Public Law 92-463, as amended, the Department of Defense announces that this meeting is cancelled due to the MFRC membership and charter not being approved in time for the August 15 meeting. The purpose of the Council meeting was to review the military family programs which will be the focus for the Council for this year, review the status of warrior care, and address selected concerns of military family organizations. Information on a subsequent meeting will appear in a future notice.

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 U.S. Army Corp of Engineers, Los Angeles District (Regulatory Division), in coordination with the Port of Long Beach (Port), has completed a draft EIS/EIR for the Eagle Rock Aggregates Terminal Project. The proposed project would include the following in- water and land-based elements: dredging, land-based wharf improvements, and the installation of truck scales and conveyor system. Construction duration of the proposed project is estimated at 5 months. The applicant, Eagle Rock Aggregates, Inc. requires authorization pursuant to Section 10 of the Rivers and Harbors Act in order to conduct dredging activities within waters of the U.S. Pursuant to the California Environmental Quality Act (CEQA), the Port will serve as the Lead Agency for the preparation of an EIR for its consideration of development approvals within its jurisdiction. The Corps and the Port have agreed to jointly prepare a DEIS/DEIR in order to optimize efficiency and avoid duplication. The DEIS/DEIR is intended to be sufficient in scope to address Federal, State, and local requirements and environmental issues concerning the proposed activities and permit approvals.