Department of Defense February 2013 – Federal Register Recent Federal Regulation Documents

Pursuant to section 102(2)(c) of the National Environmental Policy Act of 1969 and regulations implemented by the Council on Environmental Quality (40 Code of Federal Regulations (CFR) parts 1500- 1508), the Department of the Navy (DoN) has prepared and filed with the U.S. Environmental Protection Agency (USEPA) a Draft Environmental Impact Statement (EIS). The Draft EIS evaluates the potential environmental effects that may result from homebasing the U.S. Navy F- 35C (Joint Strike Fighter) aircraft at either Naval Air Facility (NAF) El Centro, California or Naval Air Station (NAS) Lemoore, California. In addition, pursuant to the USEPA's Clean Air Act (CAA) General Conformity Regulations (40 CFR part 93, subpart B), the DoN has prepared a Draft CAA General Conformity Determination, which is included in the Draft EIS, to address air emission impacts associated with proposed F-35C homebasing. With the filing of the Draft EIS (including the Draft CAA General Conformity Determination), the DoN is initiating a 60-day public comment period beginning on February 15, 2013 and ending on April 22, 2013. During this period, the DoN will conduct two public meetings to receive oral and written comments on the Draft EIS and Draft CAA General Conformity Determination. This notice announces the dates, times, and locations of the public meetings and provides supplementary information about the environmental planning effort.

This document makes amendments to the Federal Acquisition Regulation (FAR) in order to make editorial changes.

DoD, GSA, and NASA are issuing a final rule amending the Federal Acquisition Regulation (FAR) to provide additional guidance when raising the ceiling price or otherwise changing the scope of work for a time-and-materials (T&M) or labor-hour (LH) contract or order.

This document summarizes the Federal Acquisition Regulation (FAR) rules agreed to by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) in this Federal Acquisition Circular (FAC) 2005-66. 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.

DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement a section of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2009 and expand coverage on contractor requirements and responsibilities relating to alleged crimes by or against contractor personnel.

DoD has adopted as final, with changes, an interim rule amending the DFARS to implement sections of the National Defense Authorization Act for Fiscal Year 2012 that address the acquisition of tents and other temporary structures.

DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to explicitly state that fringe benefit costs incurred or estimated that are contrary to law, employer-employee agreement, or an established policy of the contractor are unallowable.

In accordance with 10 U.S.C. 9355, the U.S. Air Force Academy (USAFA) Board of Visitors (BoV) will hold a meeting in Harmon Hall at the United States Air Force Academy in Colorado Springs, Colorado on March 15-16, 2013. The meeting will begin at 2:30 p.m. on March 15 and 9:00 a.m. on March 16. The purpose of this meeting is to review morale and discipline, social climate, curriculum, instruction, infrastructure, fiscal affairs, academic methods, and other matters relating to the Academy. Specific topics for this meeting include a Forthclassmen Cadet Focus Group, an Upperclassmen Cadet Focus Group, an Athletic Department Update, a Superintendent's Update, a Character Update, an Impact of NDAA Requirements brief and the Subcommittee Chair Updates. In accordance with 5 U.S.C. 552b, as amended, and 41 CFR 102- 3.155, three sessions of this meeting shall be closed to the public because they involve matters covered by subsection (c)(6) of 5 U.S.C. 552b. Public attendance at the open portions of this USAFA BoV meeting shall be accommodated on a first-come, first-served basis up to the reasonable and safe capacity of the meeting room. In addition, any member of the public wishing to provide input to the USAFA BoV 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 must address the following details: The issue, discussion, and a recommended course of action. Supporting documentation may also be included as needed to establish the appropriate historical context and provide any necessary background information. Written statements can be submitted to the Designated Federal Officer (DFO) at the Air Force address detailed below at any time. However, if a written statement is not received at least 10 calendar days before the first day of the meeting which is the subject of this notice, then it may not be provided to or considered by the BoV until its next open meeting. The DFO will review all timely submissions with the BoV Chairman and ensure they are provided to members of the BoV before the meeting that is the subject of this notice. For the benefit of the public, rosters that list the names of BoV members and any releasable materials presented during the open portions of this BoV meeting shall be made available upon request. If after review of timely submitted written comments and the BoV Chairman and DFO deem appropriate, they may choose to invite the submitter of the written comments to orally present the issue during an open portion of the BoV meeting that is the subject of this notice. Members of the BoV may also petition the Chairman to allow specific personnel to make oral presentations before the BoV. In accordance with 41 CFR 102-3.140(d), any oral presentations before the BoV shall be in accordance with agency guidelines provided pursuant to a written invitation and this paragraph. Direct questioning of BoV members or meeting participants by the public is not permitted except with the approval of the DFO and Chairman.

Pursuant to Section 10(a), Public Law 92-463, as amended, notice is hereby given of a forthcoming meeting of the Defense Advisory Committee on Women in the Services (DACOWITS). The purpose of the meeting is to introduce and swear in six new members to the Committee. Also, the Committee will receive briefings from the Services on representation of women at the Service Academies, and receive an update from the Joint Staff on the Women in Service Review. Additionally, the Navy will provide a briefing on the Sexual Assault Prevention Program at Naval Station Great Lakes, and the Sexual Assault and Prevention Office will brief on the Annual Report on Sexual Harassment and Violence at the Military Service Academies. The meeting is open to the public, subject to the availability of space.

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: 1. Name of Committee: United States Military Academy Board of Visitors. 2. Date: Wednesday, March 20, 2013. 3. Time: 2:00 p.m.-3:30 p.m. Members of the public wishing to attend the meeting will need to show photo identification in order to gain access to the meeting location. All participants are subject to security screening. 4. Location: Room 340, Cannon House Office Building, New Jersey and Independence Avenues SE., Washington, DC. 5. Purpose of the Meeting: This is the 2013 Organizational Meeting of the USMA Board of Visitors (BoV). Members of the Board will be provided updates on Academy issues. 6. Agenda: The Academy leadership will provide the Board updates on the following: Election of 2013 Chair and Vice Chair, 2012 Annual Report Update, Federal Advisory Committee Act Final Rule, and updates on USMA from the USMA Superintendent and USMA Chief of Staff. 7. 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. 8. Committee's Designated Federal Officer or Point of Contact: Ms. Deadra Ghostlaw, (845) 938-4200, Deadra.Ghostlaw@us.army.mil.

This final rule will provide the Director, TRICARE Management Activity (TMA), or designee, with the authority to sanction third-party billing agents by invoking the administrative remedy of exclusion or suspension from the TRICARE program. Such sanctions may be invoked in situations involving fraud or abuse on the part of third-party billing agents that prepare or submit claims presented to TRICARE for payment.

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 economic price adjustment. A notice was published in the Federal Register at 77 FR 69442, on November 19, 2012. One respondent submitted comments.

This amended notice provides information regarding additional surplus property at the former Naval Air Station (NAS), Brunswick, ME, in accordance with the Defense Base Closure and Realignment Act of 1990, Public Law 101-510, as amended, and the 2005 Base Closure and Realignment Commission Report, as approved, and subsequent screening with Federal agencies and Department of Defense components. This Notice amends the Notice published in the Federal Register on February 16, 2007 (72 FR 7624, FR Doc. E7-2762)).

Under the provisions of the Federal Advisory Committee Act of 1972 (FACA) (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 the following Federal advisory committee meeting of the Reserve Forces Policy Board (RFPB) will take place.

DoD is hosting a public meeting to obtain the views of experts and interested parties in Government and the private sector regarding the profit guidelines in the Defense Federal Acquisition Regulation Supplement.

The Jacksonville District, U.S. Army Corps of Engineers (Corps) intends to prepare a Draft Environmental Impact Statement (EIS) for the Herbert Hoover Dike (HHD) Major Rehabilitation Project and Dam Safety Modification Study. Herbert Hoover Dike is the 143 mile embankment surrounding Lake Okeechobee in south central Florida. A Dam Safety Modification Study has been initiated for the HHD and will be focused on a system wide risk reduction approach as required for safety modifications to dams. The purpose of the study is to identify risk reduction measures that can be implemented to reduce risks in the HHD system. On July 8 2005, the Jacksonville District, U.S. Army Corps of Engineers (Corps) issued a Final Supplemental Environmental Impact Statement (FSEIS) and Record of Decision for the Major Rehabilitation actions proposed for Reach One of the HHD. Several additional EISs and Environmental Assessments (EAs) have been completed for Reach One of the HHD, including installation of a seepage cutoff wall. The EISs for Reach 1A, Reach 1B, 1C, and 1D, and Reaches 2 and 3 have been retracted by notice in the Federal Register on February 5, 2013 (78 FR 8118- 8119). Most recently, an EA was completed in January 2012 evaluating impacts of an Alternative Rehabilitation Plan pilot test. The purpose of this pilot test, to be constructed in the southern portion of the HHD, is to seek lower cost solutions supporting the overall risk reduction strategy. Information gained from the pilot test will be used during the Dam Safety Modification Study.

The Under Secretary of Defense (Acquisition, Technology, and Logistics) is waiving the statutory limitation of 10 U.S.C. 2534 for certain defense items produced in the United Kingdom (UK). The law limits DoD procurement of certain items to sources in the national technology and industrial base. The waiver will permit procurement of enumerated items from sources in the UK, unless otherwise restricted by statute.

This notice advises interested parties of a Military Health System (MHS) Demonstration project under the authority of Title 10, United States Code, Section 1092, entitled Department of Defense (DoD) Enhanced Access to Patient Centered Medical Home (PCMH): Participation in Maryland Multi-payer Patient Centered Medical Home Program (MMPCMHP).

The Ocean Research Advisory Panel (ORAP) is soliciting nominations for eight new members.

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 DoD Medicare-Eligible Retiree Health Care Board of Actuaries will take place.

The duties of the Task Force are to prepare and approve a plan for the use of the funds made available under the Missouri River Restoration Act of 2000 (Title IX) to promote conservation practices in the Missouri River watershed, control and remove sediment from the Missouri River, protect recreation on the Missouri River from sedimentation, and protect Indian and non-Indian historical and cultural sites along the Missouri River from erosion.

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 the following Federal Advisory Committee Meeting of the Uniform Formulary Beneficiary Advisory Panel (hereafter referred to as the Panel).