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

The U.S. Army Corps of Engineers, Vicksburg District, hereby gives notice of its intent to prepare a Draft Environmental Impact Statement (DEIS) assessing the reasonably foreseeable environmental impact of a proposal to restore the aquatic ecosystem of the Quiver River, a component of the Big Sunflower River watershed in the Mississippi Delta Region of northwest Mississippi. Aquatic ecosystem restoration is proposed as a means to ameliorate the condition of the Quiver River and of the Big Sunflower River watershed.

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 DoD, 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 for use through November 30, 2012. DoD proposes that OMB extend its approval for use for three additional years beyond the current expiration date.

The U.S. Army Corps of Engineers published a document in the Federal Register of February 21, 2012, a final notice concerning the reissuance of nationwide permits. On March 19, 2012, the U.S. Army Corps of Engineers published a correction to that final notice. This document contains additional corrections to the February 21, 2012, final notice.

The U.S. Army Corps of Engineers (USACE), Wilmington District, Wilmington Regulatory Field Office has received a request for Department of the Army authorization, pursuant to Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbor Act, from the Town of Ocean Isle Beach to develop and implement a shoreline protection plan that includes the installation of a terminal groin structure on the west side of Shallotte Inlet (not a federally maintained navigational channel) and the nourishment of the oceanfront shoreline along the eastern end of Ocean Isle Beach.

This notice provides the updated TRICARE Young Adult program premiums for Calendar Year (CY) 2013.

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 corporate aircraft costs. A notice was published in the Federal Register at 77 FR 20012, on April 3, 2012. One respondent submitted comments. 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.

The Department of the Navy 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 Defense Finance and Accounting Service is amending two systems of records notices in its existing inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended.

DoD announces the availability of the Inventory of Contracts for Services for Fiscal Year 2011 pursuant to section 807 of the National Defense Authorization Act of Fiscal Year 2008. Inventory is available to the public.

This rule concerns the Federal Voting Assistance Program (FVAP). It provides direction and guidance to the Department of Defense and other Federal departments and agencies in establishing voting assistance programs for citizens covered by the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) as modified by the Military and Overseas Voter Empowerment Act. The 2012 election cycle starts with the January 10, 2012 New Hampshire Presidential Preference Primary and continues through the November 6, 2012 General Election. This 2012 election schedule requires that the policies and procedures set forth in the rule must be in place to ensure that citizens voting under UOCAVA are fully guided and supported through established voting assistance programs within the Federal departments and agencies. Therefore, this rule is being established as an interim final rule to allow promulgation of appropriate direction and guidance prior to completion of a public comment period.

The Defense Threat Reduction Agency is amending three systems of records notices in its existing inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended.

The Defense Intelligence Agency is proposing the add 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 (DIA) is adding a new exemption rule for LDIA 0209, entitled ``Litigation Case Files'' to exempt those records that have been previously claimed for the records in another Privacy Act system of records. DIA is updating the DIA Privacy Act Program by adding the (k)(2) and (k)(5) exemptions to accurately describe the basis for exempting the records in the system of records notice LDIA 0209, Litigation Case Files. In addition, exempt materials from other systems of records may in turn become part of the case records in this system. To the extent that copies of exempt records from those `other' systems of records are entered into this case record, the Defense Intelligence Agency hereby claims the same exemptions for the records from those `other' systems that are entered into this system, as claimed for the original primary systems of records, which they are a part. This direct final rule makes non-substantive changes to the Defense Intelligence Agency Program rules. This will improve the efficiency and effectiveness of DoD's program by ensuring the integrity of the security and counterintelligence records by the Defense Intelligence Agency and the Department of Defense. 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.

Defense Intelligence Agency (DIA) is proposing to update the DIA Privacy Act Program by adding the (k)(2) exemption to accurately describe the basis for exempting the records in the system of records notice LDIA 10-0001, Equal Opportunity, Diversity and Alternate Dispute Resolution Records. 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 ensuring the integrity of the equal opportunity program, alternate dispute records and reasonable accommodation cases conducted by the Defense Intelligence Agency and the Department of Defense. 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 Department of the Army proposes two reinstate a systems of records in its inventory of record systems to the Privacy Act of 1974 (5 U.S.C. 552a), as amended. After review, it has been determined that the records covered under these previously deleted notices (see 77 FR 13571-13573 and 77 FR 13573-13574, March 7, 2012) are not covered elsewhere as stated; therefore these notices are being reinstated.

Pursuant to section 102(2)(c) of the National Environmental Policy Act (NEPA) and the Council on Environmental Quality Regulations for implementing the procedural provisions of NEPA (Title 40 Code of Federal Regulations parts 1500-1508), the Department of the Navy (DoN) has prepared and filed with the U.S. Environmental Protection Agency a Draft Environmental Impact Statement (EIS) to evaluate the potential environmental effects of Medical Facilities Development (MFD) and University Expansion at Naval Support Activity (NSA) Bethesda, MD. The purpose of the MFD proposed action is to implement the Congressional mandate from the Fiscal Year (FY) 2010 National Defense Authorization Act (NDAA) to achieve the new statutory world-class standards for military medicine at the Walter Reed National Military Medical Center (WRNMMC) by providing enduring medical facilities commensurate in quality, capability and condition as those provided by the 2005 Base Realignment and Closure (BRAC) investment. The 2005 BRAC program was designed to accommodate transfer of Walter Reed Army Medical Center (WRAMC) to WRNMMC but not address mission capability or improvements of the existing infrastructure. The MFD is needed because current space is insufficient to meet world-class standards. The purpose of the University Expansion of the Uniformed Services University of the Health Sciences (USU) is to provide adequate education and research space to meet Military Health System (MHS) commitments to deliver training and post-graduate level education to the military medical community and enable USU to serve as the core academic health research center at WRNMMC. The University Expansion is needed because current operations are dispersed between the main USU buildings and nineteen facilities comprising off-site leased locations in Montgomery County and other buildings on NSA Bethesda. Operations are fragmented and insufficient to meet education and research space requirements as well as Liaison Committee on Medical Education (LCME) accreditation requirements. NSA Bethesda is the action proponent and Joint Task Force National Capital Region Medical, WRNMMC, and USU are tenants of NSA Bethesda. There are no cooperating agencies for the EIS. The EIS considers the 2012 NSA Bethesda Master Plan relative to the implementation of the MFD and University Expansion. The EIS evaluates the direct, indirect, and cumulative impacts of the proposed actions in the context of the programmed projects already in progress and the programmatic effects of the potential future development opportunities identified in the 2012 NSA Bethesda Master Plan. The DoN will conduct two public hearings to receive oral and written comments on the Draft EIS. Federal, state, and local agencies, elected officials, and other interested individuals and organizations are invited to be present or represented at the public hearings. This notice announces the dates and locations of the public hearings for this Draft EIS. Dates and Addresses: Public hearings will be held on the following dates and locations: 1. October 4, 2012 from 1 p.m. to 5 p.m. at the Bethesda Marriott, 5151 Pooks Hills Road, Bethesda, MD 20814; and 2. October 11, 2012 from 5 p.m. to 9 p.m. at the Bethesda Marriott, 5151 Pooks Hill Road, Bethesda, MD 20814. Both meetings will start with an open house session followed by a presentation by the DoN and a public hearing session, which will be transcribed by a court reporter. The open house session will allow individuals the opportunity to review summaries of the information presented in the Draft EIS. DoN representatives will be available during the open house sessions to clarify information related to the Draft EIS.

Department of the Navy is updating the Navy Privacy Act Program by adding the (k)(2) exemption to accurately describe the basis for exempting the records in the system of records notice N05800-2, Professional Responsibility Files. This direct final rule makes non-substantive changes to the Department of the Navy's Program rules. This will improve the efficiency and effectiveness of DoD's program by ensuring the integrity of the security and investigative material compiled for law enforcement purposes by the Department of the Navy and the Department of Defense. 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.

This document is issued under the joint authority of DOD, GSA, and NASA. This Small Entity Compliance Guide has been prepared in accordance with section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996. It consists of a summary of the rule appearing in Federal Acquisition Circular (FAC) 2005-61, which amends the Federal Acquisition Regulation (FAR). An asterisk (*) next to a rule indicates that a regulatory flexibility analysis has been prepared. Interested parties may obtain further information regarding this rule by referring to FAC 2005-61, which precedes this document. These documents are also available via the Internet at https:// www.regulations.gov.

DoD, GSA, and NASA are issuing a final rule amending the Federal Acquisition Regulation (FAR) to address bid protest and appeal authorities.

The Office of the Secretary of Defense 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 the Air Force proposes to alter a system of records notice in its existing inventory of records systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended.

DoD, GSA, and NASA are issuing a final rule amending the Federal Acquisition Regulation (FAR) to clarify that new North American Industry Classification System (NAICS) codes are not available for use in Federal contracting until the Small Business Administration (SBA) publishes corresponding industry size standards. Other corresponding changes were also made. Published industry size standards are available on SBA's Web site.