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

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.

National Geospatial-Intelligence Agency (NGA) is proposing to update the NGA Privacy Act Program by adding the (j)(2) and (k)(2) exemptions to accurately describe the basis for exempting the records in the system of records notice NGA-004, NGA Threat Mitigation Records. In addition, exempt materials from JUSTICE/FBI-019 Terrorist Screening Records System may become part of the case records in this system of records. To the extent that copies of exempt records from JUSTICE/FBI- 019, Terrorist Screening Records System are entered into these Threat Mitigation case records, NGA hereby claims the same exemptions for the records as claimed in JUSTICE/FBI-019, Terrorist Screening Records system of records of which they are a part.

On May 15, 2013, the United States Air Force signed the Second ROD for the Barry M. Goldwater Range East Range Enhancements Final Environmental Impact Statement. This ROD states the Air Force decision to implement three of the remaining four proposals analyzed in the Environmental Impact Statement. These three proposals include: Proposal 2, Establishing timely reviews and approval procedures to address reconfiguration of existing air-to-ground target complexes on tactical ranges; Proposal 5, lowering the regular flight altitude floor over a portion of the Cabeza Prieta National Wildlife Refuge; and Proposal 7, allowing additional training in combat search and rescue and similar ground-based and combined air-ground operations. While no decision has been made for the final proposal at this time, the Air Force anticipates issuing an additional ROD at a future date once consultations are complete for this proposal. The decision was based on matters discussed in the Final Environmental Impact Statement (EIS), inputs from the public and regulatory agencies, and other relevant factors. The Final EIS was made available to the public on November, 26, 2010 through a NOA in the Federal Register (Volume 75, Number 227, Page 72824) with a wait period that ended on December 27, 2010. On May 20, 2011 the Air Force signed the first ROD for six proposals that were analyzed in the Final EIS. This ROD documents only the decision of the Air Force with respect to the proposed Air Force actions analyzed in the Final EIS. Authority: This NOA is published pursuant to the regulations (40 CFR Part 1506.6) implementing the provisions of the NEPA of 1969 (42 U.S.C. 4321, et seq.) and the Air Force's Environmental Impact Analysis Process (EIAP) (32 CFR Parts 989.21(b) and 989.24(b)(7)).

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, Office of the Deputy Under Secretary of the Air Force for Space, seeks industry views and perspectives to inform an on-going strategic National Security Space Launch Assessment. To support this effort, the Air Force requests interested parties provide responses to the following questions: 1. Describe your company's near-term and long-term plans to offer launch services to the U.S. Government. 2. What are the critical issues that concern current and prospective launch service providers who intend to provide the capability to launch national security space payloads? 3. What DoD policy recommendations would your company have to improve national launch capabilities or aid industry in lowering the cost of space access? 4. What aspects of future DoD launch service or systems acquisitions would contribute to industrial base stabilization in your respective sectors? Any member of the public wishing to provide input to the United States Air Force 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. Prefer that written statements be submitted electronically to the Designated Federal Officer at the addresses detailed below by 21 June 2013. The Designated Federal Officer will review all timely submissions and continue dialogue with parties submitting responses as needed. Any information submitted will be for U.S. Government use only and not shared with external parties.

Pursuant to the provisions of Subsection (d) of Section 10 of Public Law 92-463, as amended by section 5 of Public Law 94-409, notice is hereby given that a closed meeting of the National Intelligence University Board of Visitors has been scheduled as follows.

This final rule implements Section 702 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (NDAA for FY11). It establishes the TRICARE Young Adult (TYA) program to provide an extended TRICARE Program coverage opportunity to most unmarried children under the age of 26 of uniformed services sponsors. The TYA program is a premium-based program.

The Defense Finance and Accounting Service 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 Army 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 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.

The Department of the Army is deleting two systems of records notices in its existing inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended.

The National Geospatial-Intelligence Agency is altering a system of records in its inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a(r)), 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.

This rule updates policy, responsibilities, and procedures for calculating and assessing NC recoupment charges on sales of items developed for or by the Department of Defense to non-U.S. Government customers. All costs related to the sale of the items are fully reimbursable by the non-U.S. Government.

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 Make-or-Buy Program. A notice was published in the Federal Register at 77 FR 43080, on July 23, 2012. One respondent provided comments.

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 Travel Costs. A notice was published in the Federal Register at 77 FR 67366, on November 9, 2012. Two respondents submitted comments.

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.

In compliance with section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35), DoD announces the proposed extension of a public information collection requirement and seeks public comment on the provisions thereof. DoD invites comments on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of DoD, including whether the information will have practical utility; (b) the accuracy of the estimate of the burden of the proposed information collection; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the information collection on respondents, including the use of automated collection techniques or other forms of information technology. The Office of Management and Budget (OMB) has approved this information collection for use through July 31, 2013. DoD proposes that OMB extend its approval for use for 3 additional years beyond the current expiration date.

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 pollution prevention and right-to-know information. A notice was published in the Federal Register at 77 FR 63803, on October 17, 2012. No comments were received.

DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to update instructions for assigning basic and supplementary procurement instrument identification numbers.

Section 342(b) of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 1995, as amended by section 1009 of the NDAA for FY 2000, and section 1114 of the NDAA for FY 2001, authorizes the Secretary of Defense to conduct personnel demonstration projects at DoD laboratories designated as STRLs. This amendment adds waivers to current STRL Federal Register Notices (FRN) for the Army Research Laboratory (ARL); the Army Aviation and Missile Research, Development, and Engineering Center (AMRDEC); the Army Engineer Research and Development Center (ERDC); the Army Medical Research and Materiel Command (MRMC); the Army Communications-Electronics Research, Development, and Engineering Center (CERDEC); and the Naval Research Laboratory (NRL), to facilitate the use of flexibilities in their project plans by permitting terminations during extended probationary periods. On November 20, 2012, the proposed amendment was published for a 30-day comment period. No comments were received on or before December 20, 2012. This notice provides the final amendment to the demonstration project plans.

In compliance with Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Defense Prisoner of War/Missing Personnel Office announces a 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.

Pursuant to the National Environmental Policy Act (NEPA) of 1969, as amended (42 U.S.C. 4321, et seq.), the Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA (40 CFR parts 1500-1508), and Air Force policy and procedures (32 CFR part 989), the Air Force is issuing this notice to advise the public of its intent to prepare an Environmental Impact Statement (EIS) for the proposed establishment and expansion of Special Use Airspace over portions of Oregon and a small area over northwestern Nevada and southwestern Washington. The proposal would provide adequately sized and configured airspace within close proximity to ORANG flying units to support advanced 21st-century air-to-air tactical fighter technologies and current and evolving training mission requirements and ensure efficient and realistic mission-oriented training. The training would take place Monday through Friday and during one weekend per month. In support of the ORANG's 142d and 173d Fighter Wings, the Air Force and the National Guard Bureau (NGB) are proposing (Alternative A) to expand, modify, and establish air-to-air training airspace areas in four locations around the state: (1) Proposed expansion of Warning Area 570 (W-570) to the west over the Pacific Ocean; (2) proposed establishment of the Eel Military Operations Area (MOA) directly underneath the existing Eel Air Traffic Control Assigned Area which is aligned north/south along the Oregon coast from approximately Astoria to Lincoln City and adjacent to W-570; (3) proposed establishment of the Redhawk MOA in north central Oregon roughly bounded by Highway 97/ 197 on the west, the towns of Wasco and Lexington on the north, US Highway 395 on the east, and US Highway 26 on the south; and (4) proposed expansion of the existing Juniper/Hart MOA Complex to the east approximately 20 miles which would extend from approximately Burns to Frenchglen in Oregon and to Big Mountain in northwestern Nevada. Four alternatives and the No-Action Alternative will be analyzed. Alternative B includes the majority of airspace changes proposed for Alternative A; however, the Eel MOA would not be established. Alternative C includes the airspace changes proposed under Alternative A but the Redhawk MOA would not be established. Alternative D includes the airspace changes under Alternative A but would not include the eastward expansion of Juniper/Hart MOA Complex. Reasonable alternatives, which satisfy the underlying purpose and need for the proposed action, that are identified during the scoping process will also be assessed. Information: NGB will conduct public scoping meetings to solicit input concerning the proposal. The scoping process assists in determining the scope of issues to be addressed and to help identify significant environmental issues to be analyzed in depth in the EIS. Comments will be accepted at any time during the environmental impact analysis process; however, to ensure that NGB has sufficient time to consider public feedback in the preparation of the Draft EIS, scoping comments should be submitted to the address below no later than 60 days from the date of this notice. Scoping meetings will be held in the following Oregon communities: Tillamook (June 17), Astoria (June 18), Condon (June 19), Burns (June 20), and Prineville (June 21). Specific meeting times and locations will be provided in notices that will appear in The Oregonian and regional media outlets. Additional information will be made available at www.142fw.ang.af.mil and www.173fw.ang.af.mil.