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

The Department of Defense has submitted to OMB for clearance, the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35).

The U.S. Naval Academy Board of Visitors will meet to make such inquiry, as the Board shall deem necessary, into the state of morale and discipline, the curriculum, instruction, physical equipment, fiscal affairs, and academic methods of the Naval Academy. The executive session of this meeting from 11:00 a.m. to 12:00 p.m. on September 30, 2013, will include discussions of disciplinary matters, law enforcement investigations into allegations of criminal activity, and personnel issues at the Naval Academy, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. For this reason, the executive session of this meeting will be closed to the public.

The Department of Defense has submitted to OMB for clearance, the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35).

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

The Department of Defense has submitted to OMB for clearance, the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35).

Under the provisions of the Federal Advisory Committee Act (FACA) 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 (DoD) announces that the following Federal advisory committee meeting of the National Commission on the Structure of the Air Force (``the Commission'') will take place.

The U.S. Army Corps of Engineers, Los Angeles District (Corps) is examining the environmental consequences associated with the proposed construction, operation, and closure of a new tailings storage facility in eastern Pinal County, Arizona, in connection with Asarco LLC's application for a Department of the Army permit under Section 404 of the Clean Water Act. The proposed tailings storage facility and associated facilities would discharge fill materials into approximately 138 acres of waters of the U.S. and indirectly impact an additional 17 acres through dewatering. The primary federal environmental concerns are the proposed discharges of fill material into waters of the U.S. and the potential for significant adverse environmental effects resulting from such activities. Therefore, to address these concerns in accordance with the National Environmental Policy Act (NEPA), the Corps is requiring preparation of an Environmental Impact Statement (EIS) prior to consideration of any permit action. The action must comply with the Section 404(b)(1) Guidelines (40 CFR Part 230) and not be contrary to the public interest to be granted a Corps permit. The Corps may ultimately make a determination to permit or deny the above project, or permit or deny modified versions of the above project.

This notice announces the appointment of the Department of Defense, Fourth Estate, Performance Review Board (PRB) members, to include the Joint Staff, Defense Field Activities, the U.S Court of Appeals for the Armed Forces and the following Defense Agencies: Defense Advance Research Projects Agency, Defense Commissary Agency, Defense Contract Audit Agency, Defense Contract Management Agency, Defense Finance and Accounting Service, Defense Information Systems Agency, Defense Legal Services Agency, Defense Logistics Agency, Defense Security Cooperation Agency, Defense Threat Reduction Agency, Missile Defense Agency, and Pentagon Force Protection Agency. The publication of PRB membership is required by 5 U.S.C. 4314(c)(4). The PRB shall provide fair and impartial review of Senior Executive Service and Senior Professional performance appraisals and make recommendations regarding performance ratings and performance awards to the Deputy Secretary of Defense.

The Defense Finance and Accounting Service is amending a system of records notice, T7335b, entitled ``Business Management Redesign (E-BIZ)'' in its existing inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended. This system will integrate resource, accounting, financial and other business functions into a comprehensive management information planning system.

This rule updates the established policies, guidance, and assigned responsibilities of the DoD Privacy Program pursuant to The Privacy Act and Office of Management and Budget (OMB) Circular No. A- 130; authorizes the Defense Privacy Board and the Defense Data Integrity Board; prescribes uniform procedures for implementation of and compliance with the DoD Privacy Program; and delegates authorities and responsibilities for the effective administration of the DoD Privacy Program.

On Wednesday, August 14, 2013 (78 FR 49382-49400), the Department of Defense published a proposed rule titled Voluntary Education Programs. Subsequent to the publication of the proposed rule in the Federal Register, DoD discovered an error in Sec. 68.5(f)(1) on page 49388. This proposed rule corrects this error.

On Thursday, August 8, 2013 (78 FR 48303-48311), the Department of Defense published a final rule titled TRICARE; Reimbursement of Sole Community Hospitals and Adjustment to Reimbursement of Critical Access Hospitals. Subsequent to the publication of the final rule in the Federal Register, DoD discovered two errors. This rule corrects these errors.

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 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 U.S. Army Corps of Engineers (USACE) is issuing this notice to advise the public that a Final Environmental Impact Statement (Final EIS) has been completed and is available for review and comment.

The Department of the Army announces the availability of the Draft Programmatic Environmental Impact Statement (DPEIS) for implementation of activities and operations at Yuma Proving Ground (YPG). This document analyzes and evaluates potential environmental impacts associated with short-term and long-term proposed construction projects and proposed changes to YPG's testing and training mission. YPG consists of approximately 840,000 acres of DoD-managed land in the Sonoran Desert in southwestern Arizona.

In accordance with 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, announcement is made of the forthcoming meeting. Name of Committee: Chief of Engineers Environmental Advisory Board (EAB). Date: September 11, 2013. Time: 9:00 a.m. through 12:00 p.m. Location: Room 3K10, Headquarters, U.S. Army Corps of Engineers, in the Government Accountability Office (GAO) Building, 441 G Street NW., Washington, DC 20548-0002, Phone: (202) 512-6000. Purpose of the Meeting and Agenda: The Board will advise the Chief of Engineers on environmental policy, identification and resolution of environmental issues and missions, and addressing challenges, problems and opportunities in an environmentally sustainable manner. Discussions and presentations during this meeting will include flow management for sustainable river ecosystems; Corps' outreach opportunities in science, technology, engineering, and mathematics (STEM) education; and introduction of a multi-year work plan for the Board. The Board will also briefly discuss recent site visits and completed letter reports. Following Board discussions and presentations there will be a public comment period. Public's Accessibility to the Meeting: This meeting will be open to the public. Anyone attending the meeting must enter and exit at the G Street visitors entrance of the GAO Building, present a valid form of government issued photo identification (e.g., drivers license, state- issued photo ID, or passport), and pass through the security screening station. All visitors must be escorted while in the building. The GAO Building is accessible to persons with disabilities. Attendees need to arrive in time to complete the security screening and arrive at the meeting room before 9:00 a.m. Seating will be limited and on a first- come basis. The Committee's Designated Federal Officer (DFO) and Point of Contact: Mr. John C. Furry, Phone: (202) 761-5875, or email john.c.furry@usace.army.mil

The Department of the Navy hereby gives notice of its intent to grant to Ridgetop Group, Inc. located at 3580 West Ina Road, Tucson, AZ 85741, a revocable, nonassignable, partially exclusive license in the United States to practice for all fields of use the Government- Owned invention described in U.S. Patent No. 7,626,398: System for Isolating Faults Between Electrical Equipment, Navy Case Number 97027, inventors Quiter et al., issued December 01, 2009.

In this proposed rule, the Department of Defense (DoD) discusses new policy, responsibilities, and procedures for the operation of voluntary education programs within DoD. The new policies discussed in the rule include the following. All educational institutions providing education programs through the DoD Tuition Assistance (TA) Program will provide meaningful information to students about the financial cost and attendance at an institution so military students can make informed decisions on where to attend school; not use unfair, deceptive, and abusive recruiting practices; and provide academic and student support services to Service members and their families. New criteria are created to strengthen existing procedures for access to military installations by educational institutions. An annual review and notification process is required if there are changes made to the uniform semester-hour (or equivalent) TA caps and annual TA ceilings. Military Departments will be required to provide their Service members with a joint services transcript (JST). The DoD Postsecondary Education Complaint System is implemented for Service members, spouses, and adult family members to register student complaints. The Military Departments are authorized to establish Service-specific TA eligibility criteria and management controls.

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 Air Force is issuing this notice to advise the public of its intent to prepare an Environmental Impact Statement (EIS). The Gulf Regional Airspace Strategic Initiative (GRASI) Landscape Initiative (GLI) is a U.S Air Force-led partnership with the State of Florida and other state and federal agencies to expand the capacity of the region to safely host military test and training operations. Under the GLI EIS, the Air Force's Proposed Action is to utilize Blackwater River State Forest (BRSF) and Tate's Hell State Forest (THSF) for establishing helicopter landing and drop zones, airstrips, and a number of different land and air training activities which currently occur within the interstitial (areas between designated test/ training sites) areas of the Eglin Air Force Base (AFB) Range. The Air Force is also proposing to establish up to 12 radar, telemetry, and training emitter sites throughout northwest Florida. The emitter sites would support development of an integrated air defense system, which would provide unique, viable, and robust air training. Scoping: In order to effectively define the full range of issues to be evaluated in the EIS, the Air Force will determine the scope (i.e. what will be covered and in what detail) by soliciting comments from interested state and federal agencies and interested members of the public through the Federal Register and various media in the local communities near the Proposed Action. The Air Force will also hold a series of scoping meetings to further solicit input regarding the scope of the proposed action and any reasonable alternatives.

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 on Coastal Engineering Research. Date of Meeting: September 4-6, 2013. Place: Atlantic Ballroom, Ocean Place Resort and Spa, One Ocean Boulevard, Long Branch, NJ 07740. Time: 8:00 a.m. to 1:30 p.m. (September 4, 2013). 8:00 a.m. to 5:00 p.m. (September 5, 2013). 8:00 a.m. to 11:00 a.m. (September 6, 2013). Purpose of the Meeting: The purpose of the meeting is to explore impacts due to Hurricane Sandy on the water resources infrastructure and coastlines of North Atlantic Division and discuss research needs associated with sustaining resilient coastal communities and systems through risk reduction, regional sediment management, and ecosystem restoration activities. Agenda: Presentations and panel presentations on Wednesday morning, September 4, will include a Charge to the Board by the Chief of Engineers and panel presentations dealing with Hurricane Sandy: Response and Recovery. Presentations dealing with Response include Forecasting Hurricane Sandy, State of New Jersey Response to Hurricane Sandy, New York City Response to Hurricane Sandy, and National Hurricane Program. Presentations dealing with Recovery (Part 1) include Hurricane Sandy Rebuilding Task Force and Hurricane Sandy Coastal Projects Performance Evaluation Study. There will be an optional field trip Wednesday afternoon to visit Sea Bright, Union Beach, Mantoloking, and Ortley Beach. On Thursday, September 5, 2013, there will be panel presentations dealing with Hurricane Sandy: Recovery (Part 2) and Hurricane Sandy: Resilience. Presentations dealing with Hurricane Sandy: Recovery include Coastal Breach Closures, Addressing Post-Storm Beach Repair Challenges, The Port Authority of New York/New Jersey Recovery Operations, and Science and Technology Solutions that Supported Response and Recovery. Presentations dealing with Hurricane Sandy: Resilience include USACE North Atlantic Coast Comprehensive Study; Innovative Approach to Coastal System Resilience; Recommendation to Improve the Strength and Resilience of the Empire State's Infrastructure; Making Coastal Communities Resilient; Coastal Resilience, a Municipality Perspective; and A Framework for Quantifying Resilient Coastal Systems. There will be a luncheon speaker to discuss Improving Resilience to Coastal Storms for the City of New York. The Board will meet in Executive Session to discuss ongoing initiatives and ongoing and future actions on Friday morning, September 6, 2013. Public Participation: Pursuant to 5 U.S.C. 552b and 41 CFR 102- 3.140 through 102-3.165, and the availability of space, the Board on Coastal Engineering Research meeting is open to the public. Participation by the public is scheduled for 4:00 p.m. on Thursday, September 5, 2013. The entire meeting and field trip are open to the public, but since seating capacity is limited, advance notice of attendance is required. Oral participation by public attendees is encouraged during the time scheduled on the agenda; written statements may be submitted to the Federal Designated Officer for the Board on Coastal Engineering Research prior to the meeting or up to 30 days after the meeting and addressed to COL Jeffrey R. Eckstein, Designated Federal Officer and Executive Secretary, U.S. Army Engineer Research and Development Center, Waterways Experiment Station, 3909 Halls Ferry Road, Vicksburg, MS 39180-6199, phone 601-634-2513, or Jeffrey.R.Eckstein@usace.army.mil.

This Final Rule implements for Sole Community Hospitals (SCHs) the statutory provision at title 10, United States Code (U.S.C.), section 1079(j)(2) that TRICARE payment methods for institutional care be determined, to the extent practicable, in accordance with the same reimbursement rules as those that apply to payments to providers of services of the same type under Medicare. This Final Rule implements a reimbursement methodology similar to that applicable to Medicare beneficiaries for inpatient services provided by SCHs. It will be phased in over a several-year period. This Final Rule also provides for special reimbursement for labor/delivery and nursery services in SCHs and creates a possible General Temporary Military Contingency Payment Adjustment (GTMCPA) for inpatient services in SCHs and for Critical Access Hospitals (CAHs).

This proposed rule would establish an exception to the usual rule that TRICARE Prime enrollment fees are uniform for the group of retirees and their dependents. Survivors and medically retired members are part of the retiree group under TRICARE rules. This exception would allow Survivors of Active Duty Deceased Sponsors and Medically Retired Uniformed Services Members and their Dependents enrolled in Prime to be exempt from future increases in TRICARE Prime enrollment fees. The Prime beneficiaries in these categories prior to 10/1/2013 would have their annual enrollment fee frozen at their current annual rate (FY 2011 rate $230 per single or $460 per family, FY 2012 rate $260 or $520, or the FY 2013 rate $269.38 or $538.56). The beneficiaries added to these categories on or after 10/1/2013 would have their fee frozen at the rate in effect at the time they are classified in either category and enroll in Prime or, if not enrolling, at the rate in effect at the time of enrollment. The fee remains frozen as long as at least one family member remains enrolled in Prime and there is not a break in enrollment. The fee charged for the dependent(s) of a Medically Retired Uniformed Services Member would not change if the dependent(s) was later re-classified a Survivor.