Department of Defense 2012 – Federal Register Recent Federal Regulation Documents
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Federal Acquisition Regulation; Information Collection; Schedules for Construction Contracts
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 schedules for construction contracts. Public comments are particularly invited on: Whether this collection of information is necessary for the proper performance of functions of the Federal Acquisition Regulations (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.
Federal Acquisition Regulation; Submission for OMB Review; Professional Employee Compensation Plan
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 submission of a Professional Employee Compensation Plan. A notice was published in the Federal Register at 77 FR 45612, on August 1, 2012. One respondent submitted comments. Public comments are particularly invited on: Whether this collection of information is necessary; 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.
Nominations for Membership on the Ocean Research Advisory Panel
The Ocean Research Advisory Panel (ORAP) is soliciting nominations for eight new members.
Notice of Intent To Grant Exclusive Patent License; Fiber Optic Sensor Systems Technology Corporation
The Department of the Navy hereby gives notice of its intent to grant to Fiber Optic Sensor Systems Technology Corporation a revocable, nonassignable, exclusive license to practice the field of use of electrical power measurements for the measurement or control of temperature, pressure, strain, vibration, acceleration, and any other measurement enabled in electrical power systems, including but not limited to, substations, generating facilities, transmission lines, distribution facilities and other electrical power infrastructure and in electrical power systems equipment, including but not limited to, generators, motors, transformers, switches, power supplies, batteries and other devices employed to generate, transform, transport, distribute or store electrical energy; the field of use microphones for the measurement of sound pressure; the field of use of monitoring and control systems used in industrial production and infrastructure monitoring and control, including particularly supervisory control systems and distributed control systems used in manufacturing, mining and utilities in the United States, the Government-owned inventions described in U.S. Patent No. 7,020,354: Intensity Modulated Fiber Optic Pressure Sensor, Navy Case No. 83,816.//U.S. Patent No. 7,149,374: Fiber Optic Pressure Sensor, Navy Case No. 84,557.//U.S. Patent No. 7,379,630: Multiplexed Fiber Optic Sensor System, Navy Case No. 97,488.//U.S. Patent No. 7,460,740: Intensity Modulated Fiber Optic Static Pressure Sensor System, Navy Case No. 97,279.//U.S. Patent No. 7,646,946: Intensity Modulated Fiber Optic Strain Sensor, Navy Case No. 97,005.//U.S. Patent No. 7,697,798: Fiber Optic Pressure Sensors and Catheters, Navy Case No. 97,569.//U.S. Patent No. 8,195,013: Miniature Fiber Optic Temperature Sensors, Navy Case No. 98,030.//U.S. Patent Application No. 12/698,646: Miniature Fiber Optic Temperature Sensors, Navy Case No. 100,134 and any continuations, divisionals or re-issues thereof.
Update to the TR-12 Fuel Related Rate Adjustment Policy (SDDC Fuel Surcharge Policy)
FRA for freight-all-kinds (FAK) and transportation protective service (TPS) truckload (TL) shipments will be calculated using a mileage-based formula. The current percentage of line-haul formula will remain in effect for less-than-truckload (LTL) and Personal Property (PP) shipments. The percentage of line-haul increment factor will increase from $.10 to $.13. The baseline will remain at $2.50. At the discretion of SDDC, FRA may be paid for negotiated shipments based on the terms of the negotiation. Changes to PP will become effective in 15 May 2013. The mileage- based formula and the increment change will take effect in 1 June 2013 for FAK and TPS. No changes made to DTC or PSSFC FRA effective dates. The above changes will not apply to the Defense Transportation Coordination (DTC) contract or the Protective Security Service Freight Contract (PSSFC) for Defense Distribution Center, Warner Robins, GA (DDWG). Shipments for DTC and PSSFC DDWG will be calculated using a percentage of line haul formula with $.10 increments. DTC baseline will remain at $1.30 and PSSFC DDWG will remain at $2.50. SDDC will not pay FRA on ``Spot Bid'' or One Time Only (OTO) personal property movements, regardless of mode. SDDC will not pay a FRA for any type of rail shipment. SDDC will not pay FRA on commercial security escort vehicles (CSEV).
Transportation Workers Identification Card (TWIC) Removal for Commercial Users To Access Electronic Transportation Acquisition (ETA)
To implement DoD Instruction 8520.2, dated April 1, 2004, SDDC required all commercial accounts accessing transportation systems and applications to use a commercial PKI certificate or Transportation Workers Identification Credential (TWIC). TWIC does not meet DOD security standards and cannot be used as of January 29, 2013.
Notice of Correction to the Notice of Intent To Prepare a Joint Environmental Impact Statement (EIS) for the Gateway Pacific Terminals Bulk Dry Goods Shipping Facility and the Custer Spur Rail Expansion Projects
This notice corrects the date of one of the public scoping meetings listed in the Notice of Intent published in the Federal Register (77 FR 71405) on Friday, November 30, 2012. The Seattle public scoping meeting will be held at the Washington State Convention Center, Ballroom 6F, 800 Convention Place, Seattle, WA 98101 on Thursday, December 13, 2012, from 4:00 p.m. to 7:00 p.m.
Change to the Military Freight Carrier Registration Program (FCRP)
The Military Surface Deployment and Distribution Command (SDDC) is providing notice that it will, effective 1 December 2012, only accept domestic motor transportation service provider (TSP) registrations during the FCRP open season which will run 1 September through 30 November each year. This will affect domestic motor TSPs only (common, contract, logistics, freight forwarders, and brokers). This does not apply to registration of air, rail, ocean, pipeline, barge, international, and household goods TSPs. This update will be included in the next release of the Military Freight Traffic Unified Rules Publication (MFTURP) NO. 1.
Federal Acquisition Regulation; Iran Threat Reduction
DoD, GSA, and NASA are issuing an interim rule amending the Federal Acquisition Regulation (FAR) to require certifications that implement the expansion of sanctions relating to the energy sector of Iran and sanctions with respect to Iran's Revolutionary Guard Corps, as contained in Titles II and III of the Iran Threat Reduction and Syria Human Rights Act of 2012.
Federal Acquisition Regulation; Federal Acquisition Circular 2005-63; Introduction
This document summarizes the Federal Acquisition Regulation (FAR) rule agreed to by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) in this Federal Acquisition Circular (FAC) 2005-63. A companion document, the Small Entity Compliance Guide (SECG), follows this FAC. The FAC, including the SECG, is available via the Internet at https://www.regulations.gov.
Federal Acquisition Regulation; Federal Acquisition Circular 2005-63; Small Entity Compliance Guide
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) 2005-63, 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 2005-63, which precedes this document. These documents are also available via the Internet at https:// www.regulations.gov.
U.S. Air Force Scientific Advisory Board Notice of Meeting
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 a United States Air Force Scientific Advisory Board (SAB) quarterly meeting will take place 15-16 January 2013 at the SAFTAS Conference and Innovation Center, 1550 Crystal Drive, Plaza Level, Arlington, VA 22202. The SAB will meet 15 January 2013, from 7:45 a.m. to 5:00 p.m., with the sessions from 7:45 a.m.-9:45 a.m. and 4:30 p.m.-5:00 p.m., open to the public. The meeting on 16 January 2013 will be from 07:45 a.m.-11:45 a.m. and is closed to the public. The purpose of this Air Force Scientific Advisory Board quarterly meeting is to introduce the FY13 SAB study topics tasked by the Secretary of the Air Force: countering electro-optical and infrared targeting system threats to our aircraft, disaggregation of satellite mission applications, and communicating in a contested environment. The SAB will receive presentations that address relevant subjects to these studies and the SAB mission. This board meeting will also include the publication status of the FY12 studies, the latest updates on the ongoing study outbriefs, as well as discussion of the SAB's review of Air Force Research Laboratory (AFRL) science and technology investments. The remaining FY13 Board schedule 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 sections 5 U.S.C. 552b(c) (1). Any member of the public wishing to provide input to the SAB 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 SAB until its next meeting. The Designated Federal Officer will review all timely submissions with the SAB Chairperson and ensure they are provided to members of the SAB before the meeting that is the subject of this notice. FOR FURTHER INFORMATION CONTACT: The United States Air Force Scientific Advisory Board Deputy Executive Director and Designated Federal Officer, Lt Col Derek Lincoln, 240-612-5502, AF/SB, 1500 West Perimeter Road, Ste. 3300, Joint Base Andrews, MD 20762, Derek.Lincoln@pentagon.af.mil.
Voluntary Education Programs
In this final rule, the Department of Defense (DoD) implements policy, assigns responsibilities, and prescribes procedures for the operation of voluntary education programs within DoD. Several of the subject areas in this final rule include: procedures for Service members participating in education programs; guidelines for establishing, maintaining, and operating voluntary education programs including, but not limited to, instructor-led courses offered on- installation and off-installation, as well as via distance learning; procedures for obtaining on-base voluntary education programs and services; minimum criteria for selecting institutions to deliver higher education programs and services on military installations; the establishment of a DoD Voluntary Education Partnership Memorandum of Understanding (MOU) between DoD and educational institutions receiving tuition assistance payments; and procedures for other education programs for Service members and their adult family members. The new requirement for a signed MOU with DoD from participating educational institutions will be effective 60 days following the publication of this final rule in the Federal Register.
Reduction of Use of Social Security Numbers in the Department of Defense
The Department of Defense (DoD) published a proposed rule concerning the reduction of the use of social security numbers (SSN) in the Department on March 3, 2010 (75 FR 9548). The Department published the proposed rule because it intended to apply the SSN reduction policies and procedures to entities that contract with the Department. However, it has been determined that the Defense Federal Acquisition Regulation Supplement (DFARS) or another contract vehicle is a more appropriate way to apply these policies and procedures to these entities; therefore, a final rule in title 32 of the Code of Federal Regulations will not be published. DoD will publish internal guidance in an Instruction that will not contain language regarding contract companies since that guidance will be provided as noted above in a DFARS rule or other contract vehicle. This notice is being published to address the public comments received concerning the proposed rule.
Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea, 1972
The Department of the Navy (DoN) is amending its certifications and exemptions under the International Regulations for Preventing Collisions at Sea, 1972 (72 COLREGS), to reflect that the Deputy Assistant Judge Advocate General (DAJAG) (Admiralty and Maritime Law) has determined that USS CHANCELLORSVILLE (CG 62) is a vessel of the Navy which, due to its special construction and purpose, cannot fully comply with certain provisions of the 72 COLREGS without interfering with its special function as a naval ship. The intended effect of this rule is to warn mariners in waters where 72 COLREGS apply.
Meeting of the Ocean Research Advisory Panel
The Ocean Research Advisory Panel will hold a regularly scheduled meeting. The meeting will be open to the public.
Proposed Collection; Comment Request
In compliance with Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Defense Logistics Agency 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.
Privacy Act of 1974; System of Records
The Department of the Army 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.
Proposed Collection; Comment Request
In compliance with Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Defense Logistics Agency 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.
Renewal of Department of Defense Federal Advisory Committees
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 United States Military Academy Board of Visitors (hereinafter referred to as ``the Board''). The Board shall provide independent advice and recommendations to the President of the United States on matters relating to the United States Military Academy (hereinafter referred to as the ``Academy''), including morale and discipline, curriculum, instruction, physical equipment, fiscal affairs, academic methods, and any other matters relating to the Academy that the Board decides to consider. The Board shall report to the President of the United States. The Secretary of the Army, in accordance with DoD policies/procedures may act upon the Board's advice and recommendations. The Board shall be constituted annually of 15 members. Under the provisions of 10 U.S.C. 4355, the Board members shall be comprised of the following individuals: The Chairperson of the Senate Committee on Armed Services, or designee; three other members of the Senate designated by the Vice President or President pro tempore of the Senate, two of whom are members of the Senate Committee on Appropriations; the Chairperson of the House Committee on Armed Services, or designee; four other members of the House of Representatives designated by the Speaker of the House of Representatives, two of whom are members of the House Committee on Appropriations; and six persons designated by the President. Board members designated by the President shall serve for three years except that any member whose term of office has expired shall continue to serve until a successor is appointed. In addition, the President shall designate two persons each year to succeed the members whose terms expire that year. If a member of the Board dies or resigns, a successor shall be designated for the unexpired portion of the term by the official who designated the member. The Board members shall select the Board Chairperson from the total membership. Board members who are full-time or permanent part-time Federal officers and employees shall be appointed as regular government employees or ex officios as appropriate. Board members designated by the President, who are not full-time or permanent part-time federal officers or employees, shall be appointed to serve as special government employees under the authority of 5 U.S.C. 3109, and these appointments shall be renewed on an annual basis. Board members shall, with the exception of travel and per diem for official travel, serve without compensation. The Board, pursuant to 10 U.S.C. 4355(g), may, upon approval by the Secretary of the Army, call in advisers for consultation, and these advisers shall, with the exception of travel and per diem for official travel, serve without compensation. The Department, when necessary and consistent with the Board's mission and DoD policies/procedures, may establish subcommittees, task forces, or working groups to support the Board. Establishment of Subcommittees will be based upon written determination, to include terms of reference, by the Secretary of Defense, the Deputy Secretary of Defense, or the Board's sponsor. Such Subcommittees or working groups shall not work independently of the chartered Board, and shall report all of their recommendations and advice solely to the Board for full deliberation and discussion. Subcommittees have no authority to make decisions and recommendations, verbally or in writing, on behalf of the chartered Board; nor can any Subcommittee or its members update or report directly, verbally or in writing, to the DoD or any Federal officers or employees. All Subcommittee members shall be appointed by the Secretary of Defense according to governing DoD policies and procedures even if the member in question is already a Board member. Such individuals 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. 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, unless authorized by the Secretary of Defense. Subcommittee member appointments must be renewed on an annual basis. With the exception of travel and per diem, Subcommittee members shall serve without compensation. All Subcommittees shall operate under the provisions of the FACA, the Government in the Sunshine Act, governing Federal statutes and regulations, and governing DoD policies/ procedures.
36(b)(1) Arms Sales Notification
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.
Termination of Department of Defense Federal Advisory Committees
Under the provisions of the Federal Advisory Committee Act of 1972 (5 U.S.C. Appendix), 41 CFR Sec. 102-3.55, and the Government in the Sunshine Act of 1976 (5 U.S.C. 552b), effective October 5, 2012, the Department of Defense gives notice that it is terminating the Naval Research Advisory Committee.
Intent To Prepare an Environmental Impact Statement for the Proposed Flood Risk Management Study for the Blanchard River Watershed Including Communities of Findlay and Ottawa, OH
Pursuant to Section 102(2)(c) of the National Environmental Policy Act (NEPA) of 1969 as implemented by the Council on Environmental Quality regulations (40 CFR parts 1500-1508) and Public Law 102-484 Section 2834, as amended by Public Law 104-106 Section 2867, the Department of the Army hereby gives notice of intent to prepare an Environmental Impact Statement (EIS) for the subject Flood Risk Management Study. The Buffalo District of the U.S. Army Corps of Engineers (USACE) will be the lead agency in preparing the EIS. The EIS will consider Federal actions associated with the proposed Flood Risk Management Study in the Blanchard River Watershed including the communities of the City of Findlay in Hancock County and the Village of Ottawa in Putnam County, OH. More specifically, this document will discuss measures to improve flood risk management, navigation, water quality, recreation, and fish and wildlife habitat in a comprehensive manner in the Blanchard River Watershed, Ohio. The overall goal of the study is to reduce flood risk by saving lives and minimizing property damage in the event of floods in Findlay and Ottawa, Ohio. The plan will consider a range of structural and nonstructural measures that may be used for flood risk management in the Blanchard River Watershed.
Notice of Correction to the Notice of Intent To Prepare a Joint Environmental Impact Statement (EIS) for the Gateway Pacific Terminals Bulk Dry Goods Shipping Facility and the Custer Spur Rail Expansion Projects
This notice corrects the location and date of one of the public scoping meetings listed in the Notice of Intent published in the Federal Register (77 FR 58531) on Friday, September 21, 2012. The venue for the Seattle public scoping meeting previously scheduled for November 13, 2012 is no longer available. The Seattle public scoping meeting will be held at the Washington State Convention Center, Rooms 6A, 6B, 6C, and 6D, 800 Convention Place, Seattle, WA 98101 on Monday, December 17, 2012, from 4:00 p.m. to 7:00 p.m.
Notice of Intent to License Government-Owned Inventions; Intent to License on a Partially-Exclusive Basis
The inventions listed below are assigned to the United States Government as represented by the Secretary of the Army. The US Army Edgewood Chemical Biological Center intends to license these inventions on a partially-exclusive basis to Lighthouse Worldwide Solutions, Inc, a California Corporation with principal offices at, 47300 Landing Parkway, Fremont, CA 94538. The inventions to be licensed collectively enable a Tactical Biological Detector (TAC-BIO), and are disclosed in U.S. Patent 6,967,338 Application Serial No10/720877 filed 11/24/2003, issued 11/22/2005 and entitled ``Micro UV particle detector,'' U.S. Patent 7,375,348 Application Serial No 11/268758 filed 11/03/2005, issued 05/20/2008 and entitled ``Micro UV detector,'' U.S. Patent 7,567,391 Application Serial No 11/748817 filed 05/15/2007, issued 07/ 28/2009 and entitled ``Radiation source with self-aligning optics,'' U.S. Patent 7,852,469 Application Serial No 11/867190 filed 10/04/2007, issued 12/14/2010 and entitled ``Particle detector,'' DAM 689-08 Application Serial No.12/380,366 filed 02/26/2009 and entitled ``Photon counting based particle detection method and apparatus.''
Termination of Department of Defense Federal Advisory Committees
Under the provisions of the Federal Advisory Committee Act of 1972 (5 U.S.C. Appendix), 41 CFR 102-3.55, and the Government in the Sunshine Act of 1976 (5 U.S.C. 552b), effective October 5, 2012, the Department of Defense gives notice that it is terminating the Chief of Naval Operations Executive Panel.
Privacy Act of 1974; System of Records
The Department of the Air Force proposes to alter a system of records notice to its existing inventory of records systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended.
Privacy Act of 1974; System of Records
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.
Meeting of the Uniform Formulary Beneficiary Advisory Panel
Under the provisions of the Federal Advisory Committee Act of 1972 (5 U.S.C. Appendix, as amended) and the Government in the Sunshine Act of 1976 (5 U.S.C. 552b, as amended) the Department of Defense (DoD) announces a Federal Advisory Committee Meeting of the Uniform Formulary Beneficiary Advisory Panel (hereafter referred to as the Panel).
TRICARE, Formerly Known as the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS); Fiscal Year 2013 Mental Health Rate Updates
This notice provides the updated regional per-diem rates for low-volume mental health providers; the update factor for hospital- specific per-diems; the updated cap per-diem for high-volume providers; the beneficiary per-diem cost-share amount for low-volume providers; and, the updated per-diem rates for both full-day and half-day TRICARE Partial Hospitalization Programs for Fiscal Year 2013.
TRICARE; Civilian Health and Medical Program of the Uniformed Services (CHAMPUS); Fiscal Year 2013 Diagnosis Related Group (DRG) Updates
This notice describes the changes made to the TRICARE DRG- based payment system in order to conform to changes made to the Medicare Prospective Payment System (PPS). It also provides the updated fixed loss cost outlier threshold, cost-to-charge ratios and the data necessary to update the FY 2013 rates.
Proposed Collection; Comment Request
In compliance with Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Office of the Assistant Secretary of Defense for Health Affairs, announces the proposed extension of a 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.
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