Department of Defense 2012 – Federal Register Recent Federal Regulation Documents

The Department of Defense published a proposed rule for the CHAMPUS/TRICARE: TRICARE Retail Pharmacy Program on Tuesday, June 26, 2012 (77 FR 38019). This rule is being published to withdrawal the proposed rule. The Department has decided to defer consideration of possible regulatory changes to the TRICARE Pharmacy Benefits Program for the present time.

Pursuant to Section 102(2)(c) of the National Environmental Policy Act of 1969 and regulations implemented by the Council on Environmental Quality Regulations (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) evaluating the potential environmental effects associated with supporting and conducting continued airfield operations at Naval Air Station (NAS) Key West. Specifically, the Draft EIS addresses the environmental effects of maintaining current/baseline training operations, supporting airfield operations by new types of aircraft, and modifying airfield operations as necessary in support of the Fleet Response Training Plan. With the filing of the Draft EIS, the DoN is initiating a 45-day public comment period beginning on June 29, 2012 and ending on August 13, 2012. During this period, the DoN will conduct two public meetings to receive oral and written comments on the Draft EIS. This notice announces the dates and locations of the public meetings and provides supplementary information about the environmental planning effort. Dates and Addresses: Public information and comment meetings will be held in Key West, Florida between 5 p.m. and 8 p.m. on the following dates and at the following locations: 1. Wednesday, August 1, 2012, Doubletree Grand Key Resort Conference Room, 3990 South Roosevelt Boulevard, Key West, Florida 33040. 2. Thursday, August 2, 2012, Tennessee Williams Theater at Florida Keys Community College, 5901 College Road, Key West (Stock Island), Florida. Federal, state, and local agencies and officials, and interested groups and individuals, are encouraged to provide comments in person at the public meetings or in writing anytime during the public comment period. At the public meetings, attendees will be able to submit comments orally or in writing. Equal weight will be given to oral and written statements. Comments may also be submitted via the U.S. Postal Service to Naval Facilities Engineering Command Southeast, NAS Key West Air Operations EIS Project Manager, P.O. Box 30, Building 903, NAS Jacksonville, FL 32212 or electronically via the project Web site (https://www.keywesteis.com). All statements, oral or written, submitted during the public review period will become part of the public record on the Draft EIS and will be responded to in the Final EIS. All written comments must be post marked or received (online) by August 13, 2012, to ensure they become part of the official record.

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

In compliance with Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Defense Logistics Agency (DLA) announces a proposed public information collection and seeks public comment on the provisions thereof. Comments are invited on: (a) Whether the 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 reinstated 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.

Pursuant to Section 102(2)(c) of the National Environmental Policy Act (NEPA) of 1969, as implemented by the Council on Environmental Quality Regulations, the Department of the Navy (DoN) announces its intent to prepare an Environmental Impact Statement (EIS) to evaluate the potential environmental effects of developing an academic campus on Naval Base Coronado (NBC) to support the current and future operational readiness of personnel with the Naval Special Warfare Command (NSWC). The proposed campus would include a mix of instructional and administrative facilities that would provide for indoor classroom and tactical training instruction, and equipment use, maintenance, and storage. Specific proposed actions within the Coastal Campus proposal are: (1) Evaluation of current land use and available facilities; (2) augmentation by design and construction of new facilities to support logistics, equipment use and maintenance training, classroom and tactical skills instruction, storage, and administration; and, (3) design and build of related site improvements that may include upgraded utilities, fencing, roads, and parking. An EIS is considered the appropriate document for comprehensively analyzing the potential environmental impacts of implementing this proposed action. Dates and Addresses: DoN is initiating a 30-day public scoping process to identify community interests and specific issues to be addressed in the EIS. This public scoping process starts with the publication of this Notice of Intent (NOI). Two public scoping meetings will be held to receive oral and/or written comments on issues to be addressed in the EIS: 1. Tuesday, July 17, 2012, 6:00 p.m. to 8:00 p.m., Marina Vista Community Center, 1075 Eighth Street, Imperial Beach, California, 91932. 2. Wednesday, July 18, 2012, 6:00 p.m. to 8:00 p.m., Winn Room, Coronado Public Library, 640 Orange Avenue, Coronado, California, 92118. Additional information concerning meeting times and locations is available on the EIS Web site at www.nbccoastalcampuseis.com. Public scoping meeting dates, times, and locations are also being announced in the local news media, including a local Spanish language newspaper. Public scoping meetings will include open house sessions, with information stations staffed by the DoN representatives. Comments, both written and oral, will be collected at each of the two public scoping meetings, and written comments may also be made electronically on the project Web site. Spanish translation will be available at the public meetings and the project Web site accommodates Spanish language users.

Pursuant to the National Environmental Policy Act (NEPA), the U.S. Army Corps of Engineers (USACE), Sacramento District has prepared a Draft Environmental Impact Statement (DEIS) to analyze the potential direct, indirect and cumulative effects of implementing the No Action alternative and three large-scale, mixed-use development alternatives in the approximately 5,749-acre Mather Specific Plan area, Sacramento County, California (note that approximately 2,554 acres of the Plan area contains existing development, primarily Mather Airport, a Commerce Center, a residential subdivision, lake and golf course). The purpose of the DEIS is to provide decision-makers and the public with information pertaining to the Applicant's Preferred Alternative and alternatives, and to disclose environmental impacts and identify mitigation measures to reduce impacts. The DEIS documents the existing condition of resources in the Specific Plan area, concentrating on those areas proposed for development, and analyzes the potential impacts to resources as a result of implementing the alternatives. The alternatives considered in detail are: (A) Applicant's Preferred Alternative; (B) 2006 Conceptual Land Use Plan Alternative; (C) Multiple Preserves Alternative; and (D) No Action/No USACE Permit Alternative.

DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to address acquisitions using competitive procedures in which only one offer is received. This rule implements a DoD Better Buying Power initiative. The revisions to this rule are part of DoD's retrospective plan under Executive Order 13563 completed in August 2011.

DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to update policies on the submission of payment requests and receiving reports in electronic format.

DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to add the Czech Republic as a qualifying country.

The Per Diem, Travel and Transportation Allowance Committee is publishing Civilian Personnel Per Diem Bulletin Number 283. This bulletin lists revisions in the per diem rates prescribed for U.S. Government employees for official travel in Alaska, Hawaii, Puerto Rico, the Northern Mariana Islands and Possessions of the United States. AEA changes announced in Bulletin Number 194 remain in effect. Bulletin Number 283 is being published in the Federal Register to assure that travelers are paid per diem at the most current rates.

The Office of the Department of the Navy proposes to alter a system of records in its inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended.

The Department of the Navy hereby gives notice of its intent to grant Emerging Growth Enterprise LLC a revocable, nonassignable, exclusive license to practice in the field of fire fighting foam discharge and suppression testing systems in the United States and its territories, and North America for the Government-owned invention represented by U.S. Patents numbers 6,588,286 (Issued July 8, 2003), 6,615,675 (Issued September 9, 2003), 6,715,373 (Issued April 6, 2004), 6,739,174 (Issued May 25, 2004), and 7,290,457 (Issued November 6, 2007) and entitled, ``Nofoam system for testing a foam delivery system on a vehicle'', No. 7,293,478 (Issued November 13, 2007) and entitled ``Method for testing a foam delivery system on a vehicle'', and patent application numbers 13/372,755 and 13/372,712 and entitled ``Foam Free Testing Systems and Methods.''

The Department of Defense is publishing this final rule to revise the definition of ``unlabeled or off-label drug'' to ``off-label use of a drug or device.'' This provision codifies the coverage of those medically necessary indications for which there are demonstrations from medical literature, national organizations, or technology assessment bodies that the off-label use is safe and effective and in accordance with nationally accepted standards of practice in the medical community. Additionally, this rule removes the partial list of examples of unproven drugs, devices, and medical treatments or procedures proscribed in TRICARE regulations. We are removing the partial list from the regulation but will maintain the partial list in the TRICARE Policy Manual at www.tricare.mil.

The Department is publishing this final rule to implement section 706 of the National Defense Authorization Act (NDAA) for Fiscal Year 2010, Public Law 111-84. Specifically, section 706 exempts TRICARE beneficiaries under the age of 65 who become disabled from the requirement to enroll in Medicare Part B for the retroactive months of entitlement to Medicare Part A in order to maintain TRICARE coverage. This statutory amendment and final rule only impact eligibility for the period in which the beneficiary's disability determination is pending before the Social Security Administration. Eligible beneficiaries are still required to enroll in Medicare Part B in order to maintain their TRICARE coverage for future months, but are considered to have coverage under the TRICARE program for the retroactive months of their entitlement to Medicare Part A. This final rule also amends the eligibility section of the TRICARE regulation to more clearly address reinstatement of TRICARE eligibility following a gap in coverage due to lack of enrollment in Medicare Part B.

This notice is to advise TRICARE sponsors, beneficiaries, providers, physicians, other suppliers of services or supplies, and any other persons who for any reason have been erroneously paid under TRICARE, that TRICARE Management Activity (TMA) is adopting by reference Department of the Treasury (Treasury) administrative wage garnishment procedures as established at 31 CFR 285.11. By adopting this regulation, TMA will authorize Treasury's Financial Management Service (FMS), to use administrative wage garnishment as an additional tool to collect TMA's debts once such legally enforceable non-tax debts are transferred to Treasury for collection through cross servicing pursuant to 32 CFR 199.11(f)(6)(vi). When a TMA debtor is employed in the private sector or by a state or local government, Treasury may be able to collect the debt by garnishing a portion of the debtor's disposable pay as defined in 31 CFR 285.11. Administrative wage garnishment will not affect a significant number of TMA debtors, as TMA estimates 6% of its debt cases and less than 0.3% of total debt may be eligible for collection with this tool.

This notice informs hospitals of TRICARE's Transitional Outpatient Payments (TTOPs) under TRICARE's Outpatient Prospective Payment System (OPPS).

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 currently approved information collection requirement concerning service contracting. 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 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.

This notice is being issued pursuant to Section 3031(b)(5)(B) of the Military Lands Withdrawal Act (MLWA) of 1999 (Pub. L. 106-65, Title XXX) regarding opportunities for public review and comment on a Public Report that is being prepared in association with an update of the Integrated Natural Resources Management Plan (INRMP) for the Barry M. Goldwater Range (BMGR), Arizona. The process to update the 2007 BMGR INRMP is being initiated by the U.S. Air Force and U.S. Marine Corps. The Sikes Act (16 U.S.C. 670a) provides that INRMPs must be reviewed as to their operation and effect not less often than every five years. The BMGR INRMP will be updated in accordance with this Sikes Act provision and will be prepared in coordination with the Director of the U.S. Fish and Wildlife Service and the Director of Arizona Game and Fish Department. In accordance with the MLWA and in support of the INRMP update, the U.S. Air Force and U.S. Marine Corps are also preparing a Public Report to summarize current military use of the BMGR, changes in military use of the lands since the 2007 INRMP was implemented, and efforts related to the management of natural and cultural resources and environmental remediation of the lands during the previous five years. Two public meetings are scheduled to familiarize the public with progress made in the management of natural resources since completion of the 2007 INRMP, to seek review and input on the Public Report to guide development of the INRMP update, and to share information about projects planned to support natural resource management during the next five years. The meeting scheduled for 17 July 2012 in Yuma, Arizona will focus on BMGR West and a second meeting focused on BMGR East is scheduled for 18 July 2012 in Gila Bend, Arizona. Public meetings will be announced in the following Arizona newspapers: Yuma Sun, West Valley View (Glendale), the Gila Bend Sun, Arizona Daily Star (Tucson), and the Ajo Copper News. Federal, state, and local agencies; Native American tribes; and interested individuals are encouraged to take these opportunities to participate in the INRMP update process.

The Defense Threat Reduction 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 U.S. Strategic 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. The blanket (k)(1) exemption applies to this systems of records to accurately describe the basis for exempting disclosure of classified information that is or may be contained in the records.

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

This part assigns responsibilities and provides procedures for implementing a Pilot Program for the Temporary Exchange of Information Technology Personnel, known as the Information Technology Exchange Program pilot. Pilot is envisioned to promote the interchange of DoD and private sector IT professionals to enhance skills and competencies. Given the changing workforce dynamics in the IT field, DoD needs to take advantage of these types of professional development programs to proactively position itself to keep pace with the changes in technology. The ITEP pilot will serve the public good by enhancing the DoD IT workforce skills to protect and defend our nation.

Due to difficulties, beyond the control of the U.S. Air Force Scientific Advisory Board or its Designated Federal Officer, the Board was unable to file a Federal Register notice for the June 27-28, 2012 meeting of the U.S. Air Force Scientific Advisory Board as required by 41 CFR 102-3.150(a). Accordingly, the Advisory Committee Management Officer for the Department of Defense, pursuant to 41 CFR 102-3.150(b), waives the 15-calendar day notification requirement. 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 27-28 June 2012 at the Secretary of the Air Force Technical and Analytical Support Conference Center, 1550 Crystal Drive, Arlington, VA 22202. The meeting will be from 7:30 a.m.-4:40 p.m. on Wednesday, 27 June 2012, with the sessions from 7:30 a.m.-9:30 a.m. open to the public; and 7:30 a.m.-4:30 p.m. on Thursday, 28 June 2012, with the sessions from 7:30 a.m.-10:00 a.m. and 1:30 p.m.-2:00 p.m. open to the public. The banquet from 6:00 p.m.-8:45 p.m. on 28 June 2012 at the Key Bridge Marriott, 1401 Lee Highway, Arlington, VA 22201 will also be open to the public. The purpose of this Air Force Scientific Advisory Board quarterly meeting is to discuss and deliberate the findings of the FY12 SAB studies covering non-traditional intelligence, surveillance, and reconnaissance in contested environments; ensuring cyber situational awareness for commanders; and extended uses of Air Force Space Command space-based sensors. The draft FY13 SAB study topic Terms of Reference and potential sites for the FY13 Spring Board quarterly meeting will also be discussed. 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 section 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.