Department of Defense February 2014 – 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 Department of Defense is publishing this notice to announce the following meeting of the Uniform Formulary Beneficiary Advisory Panel (hereafter referred to as the Panel). This meeting is open to the public.

The U.S. Army Corps of Engineers (USACE), Wilmington District, Wilmington Regulatory Field Office has received a request for Department of the Army authorization, pursuant to Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbor Act, from the Village of Bald Head Island (VBHI) to develop and implement a shoreline protection plan that includes the installation of a terminal groin structure on the east side of the Wilmington Harbor Baldhead Shoal Entrance Channel (a federally-maintained navigation channel of the Cape Fear River) at the ``Point'' of Bald Head Island. The structure will be designed to function in concert with Federal beach disposal operations associated with the Wilmington Harbor navigation project. This is a supplement to the notice published in the Federal Register (79 FR 1843) on January 10, 2014 and a revision to the date of the public hearing and an extension of the comment period.

DoD is amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement authority for DoD to allow its litigation support contractors to have access to ``sensitive information,'' provided that the litigation support contractor is subject to certain restrictions on using and disclosing such information.

DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to create an overarching prescription for a tax-related clause with an alternate and adds a separate prescription for the basic clause. The rule also proposes to include in the regulation the full text of the alternate clause.

DoD has adopted as final, with changes, an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement two sections of the National Defense Authorization Act for Fiscal Year 2013 that require compliance with domestic source restrictions in the case of any textile components supplied by DoD to the Afghan National Army or the Afghan National Police for purposes of production of uniforms, and eliminate the application of the enhanced authority to acquire products and services from Iraq.

The Office of the Secretary of Defense (OSD) is amending its regulations to exempt portions of a new system of records from certain provisions of the Privacy Act. Specifically, the Department proposes to exempt portions of DMDC 16 DoD, entitled ``Interoperability Layer Service (IoLS)'' from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements. In 2008, the U.S. Congress passed legislation that obligated the Secretary of Defense to develop access standards for visitors applicable to all military installations in the U.S. The Department of Defense (DoD) developed a visitor system to manage multiple databases that are capable of identifying individuals seeking access to DoD installations who may be criminal and/or security threats. The purpose of the vetting system is to screen individuals wishing to enter a DoD facility, to include those who have been previously given authority to access DoD installations, against the FBI National Crime Information Center (NCIC) Wanted Person File. The NCIC has a properly documented exemption rule and to the extent that portions of these exempt records may become part of IoLS, OSD hereby claims the same exemptions for the records as claimed at their source (JUSTICE/FBI-001, National Crime Information Center (NCIC)).

On Friday, January 31, 2014 (79 FR 5385), the Department of Defense published a notice announcing a meeting of the Military Family Readiness Council (MFRC) that was to take place on Friday, February 28, 2014. The meeting of Friday, February 28, 2014 was cancelled. Due to schedules conflicts the MFRC is unable to assemble a quorum of members for the previously scheduled meeting on February 28, 2014. Therefore, the Department of Defense is cancelling the previously scheduled meeting.

The Defense Procurement and Acquisition Policy (DPAP) gives notice that the comment period announced in the February 12, 2014 (79 FR 8402) notice of request for public comments on DPAP's review of statutory and regulatory requirements, will be extended an additional 40 days until April 23, 2014. DPAP is currently conducting an assessment to identify impacts experienced by industry resulting from contracting statutes.

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 May 31, 2014. DoD proposes that OMB extend its approval for use for three additional years beyond the current expiration date.

The Department of Defense is publishing this notice to announce the following Federal Advisory Committee meeting of the Independent Review Panel on Military Medical Construction Standards (``the Panel'').

The U.S. Army Corps of Engineers (Corps), Huntington District, is withdrawing its intent to prepare a Draft Supplemental Environmental Impact Statement (SEIS) for the Greenup Locks and Dam General Reevaluation Report. The Notice of Intent to prepare the SEIS was published in the Federal Register on June 14, 2012 (77 FR 35663).

On January 6, 2014, USACE published a notice (79 FR 647) in the Federal Register soliciting public comments on the GLMRIS Report that presents a range of options and technologies available to prevent aquatic nuisance species (ANS) movement between the Great Lakes and Mississippi River basins through aquatic connections. Due to additional public meetings and public requests, USACE has extended the end of the public comment period from March 3, 2014 to March 31, 2014.

In accordance with 10 U.S.C. Section 9355, the U.S. Air Force Academy (USAFA) Board of Visitors (BoV) will hold a meeting in Harmon Hall, United States Air Force Academy, in Colorado Springs CO on March 6-7, 2014. The meeting will begin at 9:00 a.m. 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 Superintendent's Update; a USAFA Non-profit Financial Support Briefing; a USAFA Curriculum Overview; a Graduate Assessment Survey Briefing; a Preparatory School Overview; a classroom visit and a tour of the Center for Innovation and Cyber Center Tour. In accordance with 5 U.S.C. 552b, as amended, and 41 CFR 102-3.155, one session of this meeting shall be closed to the public because it involves 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.

The Department of the Navy proposes to alter the system of records, N05813-4, entitled ``Trial/Government Counsel Files'' in its inventory of record systems subject to the Privacy Act of 1974, as amended. This system is used to prosecute or otherwise resolve military justice cases; to obtain support from the U.S. Department of Justice on requests for immunity for civilian witnesses; to obtain information from a Federal, state, local, or foreign agency, or from an individual or organization, relating to an investigation, charge, or court-martial and to provide information and support to victims and witnesses in compliance with the Victim and Witness Assistance Program, Sexual Assault Prevention and Response Program, and the Victims' Rights and Restitution Act of 1990.

The Advisory Committee on Arlington National Cemetery is an independent Federal advisory committee chartered to provide the Secretary of Defense, through the Secretary of the Army, independent advice and recommendations on Arlington National Cemetery, including, but not limited to cemetery administration, the erection of memorials at the cemetery, and master planning for the cemetery. The Secretary of the Army may act on the Committee's advice and recommendations. The Committee is comprised of no more than nine (9) members. Subject to the approval of the Secretary of Defense, the Secretary of the Army appoints no more than seven (7) of these members. The purpose of this notice is to solicit nominations from a wide range of highly qualified persons to be considered for appointment to the Committee. Nominees may be appointed as members of the Committee and its sub-committees for terms of service ranging from one to four years. This notice solicits nominations to fill Committee membership vacancies that may occur through July 20, 2016. Nominees must be preeminent authorities in their respective fields of interest or expertise.

The Department of Defense is publishing this notice to announce a Federal Advisory Committee meeting of the DoD Medicare- Eligible Retiree Health Care Board of Actuaries. This meeting is open to the public.

The Department of Defense is publishing this notice to announce that the following Federal Advisory Committee meeting of the Defense Health Board will take place as a webcast with an option to view the webcast in person at the location provided in the ADDRESSES section.

On behalf of the U.S. Government, DoD is contemplating negotiating and concluding a Reciprocal Defense Procurement (RDP) Memorandum of Understanding (MOU) with the Republic of Slovenia (hereafter ``Slovenia''). DoD is requesting industry feedback regarding its experience in public defense procurements conducted by or on behalf of the Slovenian Ministry of Defense or Armed Forces.

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.

Subsection (e)(12) of the Privacy Act of 1974, as amended, requires agencies to publish advance notice of any proposed or revised computer matching program by the matching agency for public comment. The Department of Defense (DoD), as the matching agency under the Privacy Act is hereby giving notice to the record subjects of a computer matching program between the Department of Defense (DoD) and the Office of Personnel Management (OPM) that their records are being matched by computer. The purpose of this agreement is to establish the conditions, safeguards, and procedures under which the OPM, as the source agency, will disclose Federal Employees Health Benefits (FEHB) program eligibility and Federal employment information to DoD, as the recipient agency. This disclosure by OPM will provide the DoD with the FEHB program eligibility and Federal employment information necessary to either verify the eligibility to enroll or verify the continuing eligibility of enrolled Service members for premium based TRICARE health plans such as the TRICARE Reserve Select (TRS) and the TRICARE Retired Reserve (TRR).

Under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the Regulatory Secretariat Division will be submitting to the Office of Management and Budget (OMB) a request to review and approve an extension to a previously approved information collection requirement concerning contract financing.

The notice of a Record of Decision published in the Federal Register on January 30, 2014 (79 FR 4892) had an error for the email address listed under the FOR FURTHER INFORMATION CONTACT section. The email address is: USARMY.JBSA.AEC.MBX@mail.mil

The Department of Defense (DoD) is proposing to amend the Defense Contract Audit Agency (DCAA) Privacy Act Program Regulation. Specifically, an exemption section is being added to include an exemption for RDCAA 900.1, DCAA Internal Review Case Files. This rulemaking provides policies and procedures for the DCAA's implementation of the Privacy Act of 1974, as amended.

This final rule establishes policies and procedures for the National Guard Bureau (NGB) Privacy Program. The NGB is a Joint Activity of the Department of Defense (DoD) pursuant to 10 U.S.C. 10501. This rule will cover the privacy policies and procedures associated with records created and under the control of the Chief, NGB that are not otherwise covered by existing DoD, Air Force, or Army rules.