Department of Defense 2012 – Federal Register Recent Federal Regulation Documents

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 the provision at FAR 52.247-51, entitled ``Evaluation of Export Offers.'' A notice was published in the Federal Register at 77 FR 35661, on June 14, 2012. No comments were received. 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.

Notice is given of the names of members of a Performance Review Board for the Department of the Army.

This is not a notice of solicitation issuance. The Deputy Under Secretary of the Air Force (Space), as the Compliance Officer under the Federal Trade Commission (FTC) Decision and Order (hereinafter referred to as the ``Consent Order''), in the Matter of Lockheed Martin Corporation, the Boeing Company, and United Launch Alliance (ULA), L.L.C. (hereinafter referred to as the ``Respondents''), Docket No. C-4188, dated May 1, 2007, is posting this announcement to publicize the Consent Order, and determine level of interest for a ULA Consent Order Industry Day. The Consent Order: The Consent Order requires that with regard to covered Government programs, (1) ULA afford all space vehicle manufacturers non-discriminatory treatment for launch services that ULA may provide, and that (2) Lockheed Martin and Boeing, as space vehicle manufacturers, consider all qualified launch service providers on a non-discriminatory basis. The Consent Order also requires firewalls to prevent information from a space vehicle provider being shared by ULA with its Boeing or Lockheed Martin parent company. Similarly, Boeing and Lockheed Martin must have firewalls to ensure that other launch service information is not shared with ULA. The Consent Order also requires that the Department of Defense appoint a Compliance Officer to oversee compliance with the Consent Order by all three Respondents. The current Compliance Officer is the Deputy Under Secretary of the Air Force (Space), Mr. Richard McKinney. The FTC Consent Order states that the Compliance Officer ``shall oversee compliance by the Respondents with the terms of this Order, and shall have the power and authority to oversee such compliance.'' Industry Day Interest: The purpose of the proposed ULA Industry Day is to inform industry of the Consent Order and its requirements, the ULA, Boeing, and Lockheed Martin compliance with the Consent Order, and the role of the Compliance Officer to oversee the Respondents' compliance with the Consent Order. During the proposed Industry Day, each of the Respondents plans to present information on its specific compliance with the Consent Order requirements. Separate discussion sessions will be available to attendees, at their discretion and request, to meet with the Compliance Officer and his Government team in private to address any questions or comments relating to the Consent Order.

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 regarding Authorized Negotiators. A notice was published in the Federal Register at 77 FR 45613, on August 1, 2012. One comment was received. 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.

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 Value Engineering Requirements. A notice was published in the Federal Register at 77 FR 43076, on July 23, 2012. No comments were received. 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.

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 Health Board (hereinafter referred to as ``the Board''). The Board has been determined to be in the public interest. The Board is a discretionary federal advisory committee that shall provide the Secretary and Deputy Secretary of Defense, through the Under Secretary of Defense for Personnel and Readiness (hereafter referred to as ``the Under Secretary of Defense''), and the Assistant Secretary of Defense for Health Affairs, independent advice and recommendations on matters pertaining to: a. DoD healthcare policy and program management; b. Health research programs; c. Requirements for the treatment and prevention of disease and injury by DoD; d. Promotion of health and the delivery of efficient, effective and high quality health care services to DoD beneficiaries; and e. Other matters of special interest to DoD, as determined by the Secretary of Defense, the Deputy Secretary of Defense or the Under Secretary. The Board is not established to provide advice on individual DoD procurements, but instead shall be concerned with the DoD healthcare issues facing the Department of Defense in the areas referenced above. No matter shall be assigned to the Board for its consideration that would require any Board member to participate personally and substantially in the conduct of any specific procurement or place him or her in the position of acting as a contracting or procurement official. The Board shall be composed of not more than 19 members who are appointed by the Secretary of Defense. The members shall be eminent authorities in one or more of the following disciplines: clinical health care, disease and injury prevention, health care delivery and administration, or strategic decision-making in government, industry, or academia. Board members shall be appointed by the Secretary of Defense and their appointments will be renewed on an annual basis according to DoD policy and procedures. Board members who are not full-time or permanent part-time Federal employees shall be appointed to serve as experts and consultants under the authority of 5 U.S.C. 3109 and serve as special government employees. Each Board 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. With the exception of travel and per diem for official travel, Board members shall serve without compensation. The Secretary of Defense may approve the appointment of Board members for one-to-four year terms of service, with annual renewals; however, no member, unless authorized by the Secretary of Defense, may serve more than two consecutive terms of service on the Board. This same term of service limitation also applies to any DoD authorized Subcommittee of the Board. Appointments will normally be staggered among the Board membership to ensure an orderly turnover in the Board's overall composition on a periodic basis. Regular government officers or employees who participate in DoD's decision-making process for this Board are prohibited from serving on the Board or its subcommittees. The Secretary of Defense, in consultation with the Under Secretary of Defense, shall appoint the Board's President. The Under Secretary of Defense shall appoint the Vice President. The Under Secretary of Defense, pursuant to DoD policies and procedures, may appoint, as deemed necessary, non-voting experts and consultants, with special expertise, to assist the Board on an ad hoc basis. These experts and 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 Board-related efforts, and shall have no voting rights. Non-voting experts and consultants appointed by the Under Secretary of Defense shall not count toward the Board's total membership, and shall not engage in Board deliberations. The Department, when necessary, and consistent with the Board's mission and DoD policies/procedures, may establish subcommittees, task groups, and working groups to support the Board. 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 Board's sponsor. Such Subcommittees 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 to the DoD or any Federal officers or employees. All Subcommittee members shall be appointed in the same manner as the Board members; that is, the Secretary of Defense shall appoint Subcommittee members even if the member in question is already a Board member. 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. 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 Board related travel, Subcommittee members shall serve without compensation. Each Subcommittee 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. All Subcommittees operate under the provisions of FACA, the Sunshine Act, governing Federal statutes and regulations, and governing DoD policies/procedures. Currently, DoD has approved the following permanent subcommittees to the Defense Health Board. a. Public Health Subcommittee: This Subcommittee shall be composed of not more than 10 members who are eminent authorities in at least one of the following disciplines: Infectious Disease; Occupational Health/ Medicine; Preventive Medicine; Public Health; and Toxicology. The Subcommittee, when tasked according to DoD policy/procedures, provides advice on matters pertaining to improving the overall health of members of the Armed Forces and their families through the evaluation of DoD public health programs and initiatives including education, health promotion and prevention activities, as well as disease and injury prevention research. b. Health Care Delivery Subcommittee: This Subcommittee shall be composed of not more than nine members who are eminent authorities in at least one of the following disciplines: Health Care Academia; Health Care Finance/Economics; Health Care Policy/Executive Leadership; and Patient Care. The Subcommittee, when tasked according to DoD policy/procedures, provides advice on matters pertaining to health care delivery, to include DoD health care policy and program management, and research. c. Neurological/Behavioral Health Subcommittee: This Subcommittee shall be composed of not more than 10 members who are eminent authorities in at least one of the following disciplines: Neurology; Post-Traumatic Stress Disorder; Psychiatry; Psychology; and Traumatic Brain Injury. The Subcommittee, when tasked according to DoD policy/procedures, provides advice on matters pertaining to psychological/mental health issues and neurological symptoms or conditions among members of the Armed Forces and their families. d. Medical Ethics Subcommittee: This Subcommittee shall be composed of not more than five members who are eminent authorities in at least one of the following disciplines: Clergy, DoD leadership, Human Research Protection, attorneys with expertise in medical ethics, and Military Health System beneficiaries. One member must have formal bioethics or medical ethics training or experience. The Subcommittee, when tasked according to DoD policy/procedures, provides advice on matters pertaining to medical ethics. e. Trauma and Injury Subcommittee: This Subcommittee shall be composed of not more than 10 members who are eminent authorities in at least one of the following disciplines: civilian or military trauma medicine systems. The Subcommittee, when tasked according to DoD policy/procedures, provides advice on matters pertaining to trauma and injury, to include methods for prevention, recognition, clinical management, and treatment. It is the parent Subcommittee of the Committee on Tactical Combat Casualty Care. f. Committee on Tactical Combat Casualty Care: The Committee on Tactical Combat Casualty Care is a permanent work group of the Trauma and Injury Subcommittee and shall be composed of not more than 31 members who are physicians, nurses, physician assistants, or combat medics with experience in at least one of the following: military trauma medicine or systems; or tactical combat casualty care. The Subcommittee, when tasked according to DoD policy/procedures, provides advice on matters pertaining in-theater care in the tactical environment.

On October 23, 2012 (77 FR 64854-64887), the Department of Defense published proposed amendments to the Manual for Courts-Martial and notice of a public meeting. After publication of the notice in the Federal Register, DoD discovered that the public meeting address in the DATES section was incorrect. This notice corrects that error. On page 64854, in the first column, in the DATES section, the text is corrected to read as follows:

Pursuant to 5 U.S.C. 4314(c)(4), the Department of Navy (DoN) announces the appointment of members to the DoN's Senior Executive Service (SES) Organizational Pay Pools (PPs) and the DoN Performance Review Board (PRB). The purpose of the PPs/PRB is to provide fair and impartial review of the annual SES performance appraisal prepared by the senior executive's immediate and second level supervisor; to make recommendations to appointing officials regarding acceptance or modification of the performance rating; and to make recommendations for performance bonuses. Composition of the specific PPs and PRB will be determined on an ad hoc basis from among the individuals listed below.

Pursuant to the Federal Advisory Committee Act of 1972 (5 U.S.C., Appendix as amended), the Sunshine in the Government Act of 1976 (5 U.S.C. 552b, as amended), and 41 CFR 102-3.150, and in accordance with section 10(a)(2) of Public Law, a Defense Health Board (DHB) meeting is announced.

The Office of the Secretary of Defense 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 Defense Finance and Accounting Service 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 Defense is proposing changes to the Manual for Courts-Martial, United States (2012 ed.) (MCM). The proposed changes concern the rules of procedure and evidence and the punitive articles applicable in trials by courts-martial. These proposed changes have not been coordinated within the Department of Defense under DoD Directive 5500.1, ``Preparation, Processing and Coordinating Legislation, Executive Orders, Proclamations, Views Letters and Testimony,'' June 15, 2007, and do not constitute the official position of the Department of Defense, the Military Departments, or any other Government agency. This notice also sets forth the date, time and location for a public meeting of the JSC to discuss the proposed changes. This notice is provided in accordance with DoD Directive 5500.17, ``Role and Responsibilities of the Joint Service Committee (JSC) on Military Justice,'' May 3, 2003. This notice is intended only to improve the internal management of the Federal Government. It is not intended to create any right or benefit, substantive or procedural, enforceable at law by any party against the United States, its agencies, its officers, or any person. The committee also invites members of the public to suggest changes to the Manual for Courts-Martial; address specific recommended changes, and supporting rationale.

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 Department of Defense Historical Advisory Committee.

The Commander of the Northwestern Division of the U.S. Army Corps of Engineers (Corps) is soliciting applications to fill two vacant stakeholder representative member positions on the Missouri River Recovery Implementation Committee (MRRIC). Members are sought to fill vacancies on a committee to represent various categories of interests within the Missouri River basin. The MRRIC was formed to advise the Corps on a study of the Missouri River and its tributaries and to provide guidance to the Corps with respect to the Missouri River recovery and mitigation activities currently underway. The Corps established the MRRIC as required by the U.S. Congress through the Water Resources Development Act of 2007 (WRDA), Section 5018.

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. A notice was published in the Federal Register at 77 FR 37907, on June 25, 2012. No comments were received. 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.

Pursuant to Section 10(a), Public Law 92-463, as amended, notice is hereby given of a forthcoming meeting of the Department of Defense Military Family Readiness Council (MFRC). The purpose of the Council meeting is to review the military family programs and finalize the Council recommendations that will appear in the Council's Annual Report. The meeting is open to the public, subject to the availability of space. Persons desiring to attend may contact Ms. Melody McDonald at 571-372-0880 or email FamilyReadinessCouncil@osd.mil no later than 5:00 p.m. on Monday, November 26, 2012 to arrange for parking and escort into the conference room inside the Pentagon. Interested persons may submit a written statement for consideration by the Council. Persons desiring to submit a written statement to the Council must notify the point of contact listed in FOR FURTHER INFORMATION CONTACT no later than 5:00 p.m., Thursday, November 15, 2012.

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 PELELIU (LHA 5) 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.

In accordance with the one-year temporary policy established in the OMB Memorandum, Providing Prompt Payment to Small Business Subcontractors (July 11, 2012), DoD has taken steps to accelerate Federal payments to prime contractors, so that prime contractors can expedite payments to their small business subcontractors.

In compliance with Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Defense Finance and Accounting Service announces the proposed 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.

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 incentive contracts. A notice was published in the Federal Register at 77 FR 18819, on March 28, 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 meeting of the Department of Defense Advisory Council on Dependents' Education announced on August 31, 2012 (77 FR 53187-53188) 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), and scheduled to occur on Tuesday, October 16, 2012, from 8:00 a.m. to 12:00 p.m. Eastern Daylight Savings Time; Stuttgart and Wiesbaden, Germany, from 2:00 p.m. to 6:00 p.m., Central European Summer Time (CEST); Okinawa, Japan, from 9:00 p.m. to 1:00 a.m., Japan Standard Time (JST); Honolulu, Hawaii, from 2:00 a.m. to 6:00 a.m., Hawaii-Aleutian Standard Time (H-AST); Peachtree City, Georgia, from 8:00 a.m. to 12:00 p.m., Eastern Daylight Savings Time (EDST) has been cancelled. 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 following Federal advisory committee meeting of the Advisory Council on Dependents' Education will take place.

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 following Federal advisory committee meeting will take place: Name of Committee: Board of Visitors, Defense Language Institute Foreign Language Center. Date: October 31, 2012 and November 1, 2012. Time of Meeting: Approximately 7:45 a.m. through 4:30 p.m. Please allow extra time for gate security for both days. Location: Defense Language Institute Foreign Language Center and Presidio of Monterey (DLIFLC & POM), Building 614, Conference Room, Monterey, CA, 93944. Purpose of the Meeting: The purpose of the meeting is to provide an overview of DLIFLC's Language Science & Technology directorate. In addition, the meeting will involve administrative matters. Agenda: SummaryOctober 31Board administrative details, current initiatives, and orientation to Language Science and Technology Division of DLIFLC. November 1The Board will be briefed on items of interest to DLIFLC and have time to compile observations. Public's Accessibility to the Meeting: Pursuant to 5 U.S.C. 552b and 41 CFR 102-3.140 through 102-3.165, and the availability of space, this meeting is open to the public. Seating is on a first come basis. No member of the public attending open meetings will be allowed to present questions from the floor or speak to any issue under consideration by the Board. Although open to the public, gate access is required no later than five work days prior to the meeting. Contact the Sub-Committee's Alternate Designated Federal Officer, below, for gate access procedures. Sub-Committee's Alternate Designated Federal Officer or Point of Contact: Dr. Robert Savukinas, ATFL-APO, Monterey, CA, 93944, Robert.Savukinas@us.army.mil, (831) 242-5828.

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 Board of Visitors of the U.S. Air Force Academy (hereafter referred to as ``the Board''). The Board is a non-discretionary federal advisory committee that shall provide independent advice and recommendations on matters relating to the U.S. Air Force Academy, to include morale, discipline, and social climate, the curriculum, instruction, physical equipment, fiscal affairs, academic methods, and other matters relating to the Academy that the Board decides to consider. The Board shall prepare a semiannual report containing its views and recommendations pertaining to the U.S. Air Force Academy, based on its meeting since the last such report and any other considerations it determines relevant. Each such report shall be submitted concurrently to the Secretary of Defense, through the Secretary of the Air Force, and to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives. The Board is constituted annually, and it shall be composed of not more than 15 members. Under the provisions of 10 U.S.C. 9355(a) and (b)(2), the Board members shall include: a. Six persons designated by the President, at least two of whom shall be graduates of the U.S. Air Force Academy; b. The chairman of the Committee on Armed Services of the House of Representatives, or his designee; c. Four persons designated by the Speaker of the House of Representatives, three of whom shall be members of the House of Representatives and the fourth of whom may not be a member of the House of Representatives; d. The chairman of the Committee on Armed Services of the Senate, or his designee; e. Three other members of the Senate designated by the Vice President or the President pro tempore of the Senate, two of whom are members of the Committee on Appropriations of the Senate. The Board members referenced in paragraph (a) above, 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 persons each year to succeed the members referenced in (a) above whose terms expire that year. The Board members shall select the Board Chairperson and Vice Chairperson from the total membership. If a member of the Board dies or resigns or is terminated as a member of the Board, a successor shall be designated for the unexpired portion of the term by the official who designated the member. Each member of the Board who is a member of the Armed Forces or a civilian officer or employee of the United States shall serve without compensation (other than compensation to which entitled as a member of the Armed Forces or an officer or employee of the United States, respectively). Individuals appointed by the President shall receive no compensation for their service on the Board. While performing duties as a member of the Board, each member of the Board and each adviser shall be reimbursed under Government travel regulations for travel expenses. If a member of the Board fails to attend two successive Board meetings, except in a case in which an absence is approved in advance for good cause by the Board chairperson, such failure shall be grounds for termination from membership on the Board, pursuant to 10 U.S.C. 9355(c)(2)(A) (``absenteeism provision''). Termination of membership on the Board pursuant to the absenteeism provision, in the case of a member of the Board who is not a member of Congress, may be made by the Board's chairperson; and in the case of a member of the Board who is a member of Congress, may be made only by the official who designated the member. When the member of the board is subject to termination from membership on the Board under the absenteeism provision, the Board's chairperson shall notify the official who designated the member. Upon receipt of such a notification with respect to a member of the Board who is a member of Congress, the official who designated the member shall take such action, as that official considers appropriate. Upon approval by the Secretary of the Air Force, the Board, pursuant to 10 U.S.C 9355(g), may call in advisers for consultation. These advisors shall, with the exception of travel and per diem for official travel, serve without compensation. With DoD approval, the Board is authorized to establish subcommittees, as necessary and consistent with its mission. 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 workgroups shall not work independently of the chartered Board, and shall report all their recommendations and advice to the Board for full deliberation and discussion. Subcommittees or workgroups have no authority to make decisions on behalf of the chartered Board; nor can they report directly to the Department of Defense or any Federal officers or employees who are not Board members. Subcommittee members shall be appointed by the Secretary Defense even if the member in question is already a Board member. 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. Subcommittee members, if not full-time or part-time government employees, shall be appointed by the Secretary of Defense according to governing DoD policy and procedures. Such individuals shall be appointed to serve as experts and consultants under the authority of 5 U.S.C. Sec. 3109, and shall serve as special government employees, whose appointments must be renewed by the Secretary of Defense on an annual basis. All subcommittees or working groups shall operate under the provisions of FACA, the Government in the Sunshine Act, governing Federal statutes and regulations, and governing DoD policies/ procedures.

The Corps of Engineers is amending an existing restricted area to include the waters of Felgates Creek and Indian Field Creek along the York River in Yorktown, Virginia. Naval Weapons Station Yorktown requested the Corps of Engineers modify the existing restricted area to include areas historically noted on nautical charts as closed to the public and traditionally enforced by Commander, Naval Weapons Station Yorktown.