Department of Defense April 2014 – Federal Register Recent Federal Regulation Documents
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Federal Acquisition Regulation; Information Collection; Statement and Acknowledgment (Standard Form 1413)
Under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35), the Regulatory Secretariat Division (MVCB) 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 statement and acknowledgment Standard Form (SF) 1413.
Meeting of the U.S. Naval Academy Board of Visitors
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 June 9, 2014, will include new and pending administrative/minor disciplinary infractions and non-judicial punishments involving the Midshipmen attending the U.S. Naval Academy to include but not limited to individual honor/conduct violations within the Brigade; 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.
Submission for OMB Review; Comment Request
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).
Federal Acquisition Regulation; Federal Acquisition Circular 2005-73; Small Entity Compliance Guide
This document is issued under the joint authority of DOD, GSA, and NASA. This Small Entity Compliance Guide has been prepared in accordance with section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996. It consists of a summary of the rules appearing in Federal Acquisition Circular (FAC) 2005-73, which amends the Federal Acquisition Regulation (FAR). An asterisk (*) next to a rule indicates that a regulatory flexibility analysis has been prepared. Interested parties may obtain further information regarding these rules by referring to FAC 2005-73, which precedes this document. These documents are also available via the Internet at https:// www.regulations.gov.
Federal Acquisition Regulation; Technical Amendments
This document makes amendments to the Federal Acquisition Regulation (FAR) in order to make editorial changes.
Federal Acquisition Regulation; Positive Law Codification of Title 41
DoD, GSA, and NASA are issuing a final rule to amend the Federal Acquisition Regulation (FAR) to conform references throughout the FAR to the new Positive Law Codification of Title 41, United States Code, ``Public Contracts'' and other conforming changes.
Federal Acquisition Regulation; Federal Acquisition Circular 2005-73; Introduction
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) 2005-73. 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.
Submission for OMB Review; Comment Request
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).
Submission for OMB Review; Comment Request
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).
Submission for OMB Review; Comment Request
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).
Proposed Collection; Comment Request
In compliance with Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Office of the Undersecretary for Personnel and Readiness 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.
Proposed Collection; Comment Request
In compliance with Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Department of the Navy 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.
Renewal of Department of Defense Federal Advisory Committees
The Department of Defense is publishing this notice to announce that it is renewing the charter for the Defense Science Board (``the Board'').
Renewal of Department of Defense Federal Advisory Committees
The Department of Defense is publishing this notice to announce that it is renewing the charter for the Air University Board of Visitors (``the Board'').
Renewal of Department of Defense Federal Advisory Committees
The Department of Defense (DoD) is publishing this notice to announce that it is renewing the charter for the Defense Legal Policy Board (``the Board'').
Defense Federal Acquisition Regulation Supplement; Technical Amendments
DoD is making technical amendments to the Defense Federal Acquisition Regulation Supplement (DFARS) to provide needed editorial changes.
Privacy Act of 1974; System of Records
The Office of the Secretary of Defense is deleting a system of records notice in its existing inventory of record systems subject to the Privacy Act of 1974, as amended. The notice is DGC 05, Administrative Files on Active Psychiatric Consultants to Department of Defense (August 27, 1993, 58 FR 45320).
Federal Advisory Committee; Response Systems to Adult Sexual Assault Crimes Panel; Charter Amendment
The Department of Defense (DoD) is publishing this notice to announce that it is amending the charter for the Response Systems to Adult Sexual Assault Crimes Panel (``the Panel'').
Renewal of Department of Defense Federal Advisory Committees
The Department of Defense is publishing this notice to announce that it is renewing the charter for the Ocean Research Advisory Panel (``the Panel'').
Notification of an Open Meeting of the National Defense University Board of Visitors (BOV)
The Department of Defense is publishing this notice to announce that the following Federal Advisory Committee meeting of the National Defense University Board of Visitors (BOV) will take place. This meeting will be open to the public.
Reestablishment of Department of Defense Federal Advisory Committees
The Department of Defense is publishing this notice to announce that it is reestablishing the charter for the Board of Advisors to the Presidents of the Naval Postgraduate School and the Naval War College (``the Board'').
Availability of the Final Environmental Impact Statement for the Moffat Collection System Project, Denver County, Adams County, Boulder County, Jefferson County, Grand County, Summit County, Gilpin County, and Park County, CO
The U.S. Army Corps of Engineers (Corps) Omaha District has prepared a Final Environmental Impact Statement (EIS) to analyze the direct, indirect, and cumulative effects of a water supply project called the Moffat Collection System Project (Moffat Project or Project) in Denver County, Adams County, Boulder County, Jefferson County, Grand County, Summit County, Gilpin County, and Park County, CO. The purpose of the Moffat Project is to develop 18,000 acre-feet (AF) per year of new, firm yield to the Moffat Water Treatment Plant (WTP) and raw water customers upstream of the Moffat WTP pursuant to the Board of Water Commissioners' commitment to its customers. Denver Water's need for the proposed Moffat Project is to address two major issues: (1) Timelinessthe overall near-term water supply shortage, and (2) locationthe imbalance in water storage and supply between the North and South systems. The Moffat Project would result in direct impacts to jurisdictional waters of the United States (U.S.), including wetlands. The placement of fill material in these waters of the U.S. for the construction of water storage and distribution facilities associated with developing additional water supplies requires authorization from the Corps under Section 404 of the Clean Water Act. The City and County of Denver is the Permittee and Applicant, acting by and through its Board of Water Commissioners (Denver Water). The Final EIS was prepared in accordance with the National Environmental Policy Act of 1969, as amended (NEPA), and the Corps' regulations for NEPA implementation (33 Code of Federal Regulations [CFR] parts 230 and 325, Appendices B and C). The Corps, Omaha District, Denver Regulatory Office is the lead federal agency responsible for the Final EIS and information contained in the Final EIS serves as the basis for a decision regarding issuance of a Section 404 Permit. The Final EIS also provides information for local and state agencies having jurisdictional responsibility for affected resources.
Intent To Prepare an Environmental Impact Statement for the Boise River General Investigation Feasibility Study, Ada and Canyon Counties, in the State of Idaho
The U.S. Army Corps of Engineers (Corps) intends to prepare an Environmental Impact Statement (EIS) for the Boise River General Investigation Feasibility Study. The Feasibility Study will evaluate alternatives to reduce flood risk and meet current and future water supply needs in the lower Boise River watershed. To the extent feasible, the study will also seek to provide ancillary ecosystem restoration benefits, minimize impacts to species listed under the Endangered Species Act (ESA) (16 U.S.C. 1531 et seq.), including bull trout, and minimize socioeconomic effects. The Feasibility Study will focus on the lower Boise River, a tributary to the Snake River, which is located in southwestern Idaho, primarily in Ada and Canyon Counties. The non-federal sponsor for this effort is the Idaho Water Resources Board. Almost 40 percent of Idaho residents live in the Boise River watershed, with one-sixth of the State's population residing in the floodplain. Communities and development along the Boise River have experienced repeated minor flooding, and flood risk management experts emphasize that a significant flood event with major flood damage will likely occur in the future. The Boise River watershed has recently experienced the most significant growth in the State and continuing to meet current and future water needs is a major concern for residents and state/local officials.
Submission for OMB Review; Comment Request
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).
Federal Acquisition Regulation; Incorporating Section K in Contracts
DoD, GSA, and NASA are proposing to amend the Federal Acquisition Regulation (FAR) to standardize the incorporation by reference of representations and certifications in contracts.
Proposed Collection; Comment Request
In compliance with Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Pentagon Force Protection Agency 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.
Submission for OMB Review; Comment Request
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).
Defense Acquisition University Board of Visitors; Notice of Federal Advisory Committee Meeting
The Department of Defense is publishing this notice to announce a Federal Advisory Committee meeting of the Defense Acquisition University Board of Visitors. This meeting will be open to the public.
Privacy Act of 1974; System of Records; Correction
On April 9, 2014 (79 FR 19587), DoD published a notice deleting a Privacy Act System of Records notice, K890.10, Joint Enterprise Directory Services (JEDS). The Reason was written inaccurately, and this notice corrects the error.
U.S. Air Force Academy Board of Visitors Notice of Meeting
In accordance with 10 U.S.C. 9355, the U.S. Air Force Academy (USAFA) Board of Visitors (BoV) will hold a meeting in the Longworth House Office Building, Room 1310, Washington, DC on June 17, 2014. The meeting will begin at 9:30 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, including a Diversity Update briefing, a Class of 2014 AFSC Composition and Class of 2018 Demographics Briefing, and a Summer Program Lineup Briefing; a Rated Accessions Briefing; an Inspector General Confidential Informant Out-brief; and a Board Recommendation Discussion. 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 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.
Defense Federal Acquisition Regulation Supplement: Photovoltaic Devices (DFARS Case 2014-D006)
DoD has adopted as final, without change, an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to clarify rules of origin under trade agreements for photovoltaic devices to be utilized under covered DoD contracts, as required by a section of the National Defense Authorization Act for Fiscal Year 2011.
Defense Federal Acquisition Regulation Supplement: Contracting Officer's Representative (DFARS Case 2013-D023)
DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to remove coverage concerning contracting officer's representative responsibilities that is procedural in nature.
Defense Federal Acquisition Regulation Supplement: Clauses With Alternates-Contract Financing (DFARS Case 2013-D014)
DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) as part of a project to review clauses with alternates to create basic and alternate clauses structured in a manner to facilitate use of automated contract writing systems. This final rule addresses a contract financing clause.
Defense Federal Acquisition Regulation Supplement: Clauses With Alternates-Transportation (DFARS Case 2012-D057)
DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to revise and update transportation-related clauses and their prescriptions to create basic and alternate clauses structured in a manner to facilitate use of automated contract writing systems. The rule also includes the full text of each alternate, rather than only showing the paragraphs that differ from the basic clause.
Definition of “Waters of the United States” Under the Clean Water Act
The Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) are publishing for public comment a proposed rule defining the scope of waters protected under the Clean Water Act (CWA), in light of the U.S. Supreme Court cases in U.S. v. Riverside Bayview, Rapanos v. United States, and Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers (SWANCC), and Rapanos v. United States (Rapanos). This proposal would enhance protection for the nation's public health and aquatic resources, and increase CWA program predictability and consistency by increasing clarity as to the scope of ``waters of the United States'' protected under the Act.
Notice of Availability Regarding the Exemption From Permitting Under Section 404(f)(1)(A) of the Clean Water Act to Certain Agricultural Conservation Practices
The U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) are announcing the availability of an interpretive rule to address the exemption from permitting provided under section 404(f)(1)(A) of the Clean Water Act (CWA) for discharges of dredged or fill material associated with certain agricultural conservation practices based on the Natural Resources Conservation Service (NRCS) conservation practice standards that are designed and implemented to protect and enhance water quality. While the interpretive rule is already in effect, the agencies recognize the importance and value of receiving public input on the implementation of this interpretive rule and welcome comments in response to this notice within the next 45 days.
Submission for OMB Review; Comment Request
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).
Privacy Act of 1974; System of Records; Correction
On April 9, 2014 (79 FR 19589), DoD published a notice deleting a Privacy Act System of Records notice, K270-01, DoD Digital Certificate Records. The Reason paragraph was written inaccurately, and this notice corrects the error.
Proposed Collection; Comment Request
In compliance with Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Defense Threat Reduction Agency, Defense Nuclear Weapons School 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.
36(b)(1) Arms Sales Notification
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.
Notice of Availability and Notice of Public Meetings for the Draft Supplemental Environmental Impact Statement for the Guam and Commonwealth of the Northern Mariana Islands Relocation (2012 Roadmap Adjustments)
Pursuant to Section 102(2)(c) of the National Environmental Policy Act (NEPA) of 1969 (42 U.S. Code [U.S.C.] 4321, et seq.) and the Council of Environmental Quality (CEQ) Regulations for implementing the procedural provisions of NEPA (Title 40 Code of Federal Regulations [CFR] Parts 1500-1508), the Department of the Navy (DoN) announces the availability of the Draft Supplemental Environmental Impact Statement for the Guam and Commonwealth of the Northern Mariana Islands Military Relocation (2012 Roadmap Adjustments) (hereinafter ``Draft SEIS''). The DoN is the lead Federal agency for development of the Draft SEIS. The agencies that have accepted the DoN's invitation to participate as cooperating agencies are the U.S. Air Force, the Federal Aviation Administration, the Federal Highway Administration, the U.S. Environmental Protection Agency Region 9, the U.S. Department of InteriorOffice of Insular Affairs, and the U.S. Department of Agriculture. Pursuant to 40 CFR 1502.9, the DoN prepared this Draft SEIS for the purpose of supplementing the portions of the 2010 Final Environmental Impact Statement (EIS) regarding the establishment on Guam of a cantonment (including family housing), a live-fire training range complex (LFTRC), and associated infrastructure to support the relocation of a substantially reduced number of Marines and dependents than was previously analyzed. By supplementing the 2010 Final EIS, the Draft SEIS advances NEPA's purpose of informing decision-makers and the public about the environmental effects of the DoN's proposed action. The DoN will conduct three (3) public meetings to receive oral and written comments on the Draft SEIS. Federal agencies, territorial/local governmental agencies, and interested individuals are invited to be present or represented at the public meetings. The meetings will be comprised of two parts: (1) An informational open house and (2) public hearing. All comments will become part of the public record and will help officials make informed decisions on the proposed action. These meetings will also serve to provide information to the public about how the 2011 Programmatic Agreement fulfills the requirements under Section 106 of the National Historic Preservation Act for the proposed action. This notice announces the dates and locations of the public meetings for this Draft SEIS.
Federal Acquisition Regulation; Submission to OMB for Review; Contract Financing
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. A notice was published in the Federal Register at 79 FR 7453 on February 7, 2014. No comments were received.
Availability of Draft Environmental Impact Statement for the Dallas Floodway Project, in the City of Dallas, Dallas County, TX
Pursuant to the National Environmental Policy Act (NEPA), the U.S. Army Corps of Engineers (USACE), Fort Worth District has prepared a Draft Environmental Impact Statement (DEIS) that analyzes the potential effects of implementing each of three alternative scenarios for the application of flood risk management elements, ecosystem restoration and recreation enhancement features, interior drainage plan improvements, and other proposed projects in and around the Dallas Floodway, in the City of Dallas, Dallas County, TX. The DEIS documents the existing condition of environmental resources in areas considered for development, and potential impacts on those resources as a result of implementing alternatives. The alternatives considered in detail are: (1) No-Action Alternative or ``Future Without Project Condition;'' (2) Proposed Action with the Trinity Parkway; and (3) Proposed Action without the Trinity Parkway.
Department of Defense Task Force on the Care, Management, and Transition of Recovering Wounded, Ill, and Injured Members of the Armed Forces; Notice of Federal Advisory Committee Meeting
The Department of Defense is publishing this notice to announce the following Federal Advisory Committee meeting of the Department of Defense Task Force on the Care, Management, and Transition of Recovering Wounded, Ill, and Injured Members of the Armed Forces (subsequently referred to as the Task Force). This meeting is open to the public.
Renewal of Department of Defense Federal Advisory Committees
The Department of Defense is publishing this notice to announce that it is renewing the charter for the Defense Advisory Committee on Military Personnel Testing (``the Committee'').
Renewal of Department of Defense Federal Advisory Committees
The Department of Defense is publishing this notice to announce that it is renewing the charter for the Defense Advisory Committee on Women in the Services (``the Committee'').
Termination of Defense Intelligence Agency Advisory Board
The Department of Defense is publishing this notice to announce that it is terminating the Defense Intelligence Agency Advisory Board, effective February 26, 2014.
Proposed Collection; Comment Request
In compliance with Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Office of the Assistant Secretary of Defense for Health Affairs 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.
Privacy Act of 1974; System of Records
The Department of the Army proposes to alter a system of records notice, A0600-63 G3/5/7, entitled ``Soldier Fitness Tracker System'' in its existing inventory of records systems subject to the Privacy Act of 1974, as amended. This system supports a systematic collection, analysis, interpretation, and reporting of standardized, population based data for the purposes of self-assessing, characterizing, and developing individualized profiles to guide individuals through structured self-development training modules with the goal of improving mental and physical well-being, coping skills and strategies. The Comprehensive Soldier and Family Fitness (CSF2) program, which operates the Soldier Fitness Tracker System, routinely advises leadership of trends and anomalies.
36(b)(1) Arms Sales Notification
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.
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