Department of Defense June 2014 – Federal Register Recent Federal Regulation Documents

The Department of the Army is publishing this notice to announce the following Federal advisory committee meeting of the USMA Board of Visitors (BoV). This meeting is open to the public. For more information about the BoV, its membership and its activities, please visit the BoV Web site at https://www.usma.edu/bov/SitePages/Home.aspx.

In compliance with Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the United States Transportation Command 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 (DoD) is publishing this notice to announce that it is establishing the charter for the Judicial Proceedings Since Fiscal Year 2012 Amendments Panel (``the Judicial Proceedings Panel'').

The Department of the Navy hereby gives notice of its intent to grant Unified Operations, LLC a revocable, nonassignable, partially exclusive license, with exclusive fields of use in agriculture, forestry, fishing and hunting, mining, quarrying, and oil and gas extraction, construction, wholesale trade, warehousing, retail estate and rental and leasing, administrative and support and waste management and remediation services, arts, entertainment, and recreation, accommodation and food services, ultra light & barriers/barricades, health care and social assistance, educational services, in the United States to practice the Government-owned inventions, U.S. Patent No. 7,156,249, issued January 2, 2007: Container and Related Methods//U.S. Patent No. 7,726,496, issued June 1, 2010: Shipping and Storage System/ /U.S. Patent No. 7,491,024, issued February 17, 2009: Interlocking Pallets, and Shipping and Storage Systems Employing the Same//U.S. Patent No. 7,739,965, issued June 22, 2010: Automatically Interlocking Pallets, and Shipping and Storage Systems Employing the Same.

The Department of the Army has completed a Supplemental Programmatic Environmental Assessment (SPEA) for Army force structure realignment and is making a draft Finding of No Significant Impact (FNSI) available for public comment. The draft FNSI incorporates the SPEA, which does not identify any significant environmental impacts from the proposed action, with the exception of socioeconomic impacts at most installations. The draft FNSI concludes that preparation of an Environmental Impact Statement (EIS) is not required. Current budgetary projections require the Army to analyze the reduction of active component end strength below the 490,000 Soldier reduction analyzed in the January 2013 Programmatic Environmental Assessment for Army 2020 Force Structure Realignment (PEA) as the further reductions exceed the scope of the 2013 PEA analysis. The SPEA builds on the foundation of the 2013 PEA and assesses the impacts of a potential reduction of an additional 70,000 Soldiers and associated reductions in Army civilians, down to an Active Component end-strength of 420,000 Soldiers. These reductions are necessary to achieve the savings required by the Budget Control Act of 2011. Nearly all Army installations will be affected in some way by additional reductions. The 2013 PEA evaluated 21 Army and joint base installations. With the deeper reductions now anticipated, the Army must consider nine additional installations that could experience reductions of 1,000 or more Active Component Soldiers and/or Army civilians. The SPEA does not identify any significant environmental impacts anticipated as a result of implementing the proposed action, with the exception of socioeconomic impacts at most installations; consequently, the preparation of an environmental impact statement is not required.

The U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) are extending the comment period for the proposed rule ``Definition of `Waters of the United States' Under the Clean Water Act'' published on April 21, 2014 (79 FR 22188). The agencies are extending the comment period in response to stakeholder requests for an extension.

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 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.

DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to notify contractors of requirements relating to Afghan taxes.

DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to comply with the Department of Defense Instruction that addresses the use of animals in DoD programs.

DoD has adopted as final, with changes, an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement a section of the National Defense Authorization Act (NDAA) for Fiscal Year 2012 regarding private sector notification of in- sourcing actions.

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) 2005-75. 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.

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) 2005-75, 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 2005-75, which precedes this document. These documents are also available via the Internet at https:// www.regulations.gov.

DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to clarify the flowdown requirements for the DFARS clause entitled ``Restriction on Acquisition of Certain Articles Containing Specialty Metals.''

The Department of Defense is publishing this notice to announce that it is renewing the charter for the Department of Defense Board of Actuaries (``the Board'').

The Commander of the Northwestern Division of the U.S. Army Corps of Engineers (Corps) is soliciting applications to fill vacant stakeholder representative member positions on the Missouri River Recovery Implementation Committee (MRRIC). Members are sought to fill vacancies on a committee to represent various categories of interests within the Missouri River basin. The MRRIC was formed to advise the Corps on a study of the Missouri River and its tributaries and to provide guidance to the Corps with respect to the Missouri River recovery and mitigation activities currently underway. The Corps established the MRRIC as required by the U.S. Congress through the Water Resources Development Act of 2007 (WRDA), Section 5018.

The Corps of Engineers is establishing a danger zone in the waters of the York River off Cheatham Annex in York County, Virginia. The danger zone is necessary to protect the public from hazards associated with the small arms fire operations.

This notice is to advise interested parties of a Military Health System (MHS) demonstration project under the authority of Title 10, United States Code, Section 1092, entitled Defense Health Agency (DHA) Evaluation of Non-United States Food and Drug Administration (FDA) Approved Laboratory Developed Tests (LDTs) Demonstration Project. The demonstration project is intended to further evaluate whether it is feasible for the Department of Defense (DoD) to review LDTs not yet examined by the FDA to determine if they meet TRICARE's requirements for safety and effectiveness according to the hierarchy of reliable evidence (32 CFR 199.4(g)(15)(i)(C) and 32 CFR 199.2(b)), or TRICARE's rare disease policy (32 CFR 199.4(g)(15)(ii)) in the case of LDTs used in the diagnosis or medical management of a rare disease (32 CFR 199.2(b)), and allow those that do to be covered as a benefit under the TRICARE Program. The demonstration project will evaluate feasible alternatives to support modifications to 32 CFR 199.4(g)(15)(i)(A) to allow coverage for non-FDA approved LDTs that otherwise meet the TRICARE requirements for safety and effectiveness. The Department currently has an ongoing demonstration project to test this same provision for LDTs with a Center for Medicare and Medicaid Services (CMS) national or local coverage determination that were submitted by laboratories for consideration for coverage under TRICARE. However, this new demonstration is being conducted in order to be able to evaluate the feasibility of establishing a cost-effective and efficient way to review an expanded pool of non-FDA approved LDTs prioritized based on their potential high utilization and clinical utility within the TRICARE population. This new demonstration project will also extend coverage for prenatal and preconception cystic fibrosis carrier screening, when provided in accordance with the American College of Obstetricians and Gynecologists guidelines in order to allow DoD to establish whether there is a benefit to offering such testing to TRICARE beneficiaries.

The Department of Defense (DoD) is publishing this notice to announce that it is renewing the charter for the Board of Visitors for the Western Hemisphere Institute for Security Cooperation (``the Board'').

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).

This notice is to advise interested parties of a Military Health System (MHS) demonstration project entitled Comprehensive Autism Care Demonstration (``Autism Care Demonstration''). The purpose of the Autism Care Demonstration is to further analyze and evaluate the appropriateness of the ABA tiered-delivery model under TRICARE in light of current and anticipated Behavior Analyst Certification Board (BCBA) Guidelines. Currently, there are no established uniform ABA coverage standards in the United States. Therefore, the demonstration seeks to determine the appropriate provider qualifications for the proper diagnosis of ASD and the provision of ABA, assess the feasibility and advisability of establishing a beneficiary cost share for the treatment of ASD, and develop more efficient and appropriate means of increasing access and delivering ABA services under TRICARE while creating a viable economic model and maintaining administrative simplicity. Faced with various temporary authorities and the resulting complexity of the current interim TRICARE policies concerning coverage of ABA for ASD, the Department will create a new comprehensive Autism Care Demonstration providing all TRICARE-covered ABA under one new demonstration. This will encompass ABA services that recently have been provided under a patchwork of the TRICARE Basic Program (i.e., the medical benefits authorized under Section 199.4 of title 32, Code of Federal Regulations), the Extended Care Health Option (ECHO) Autism Demonstration (i.e., the supplemental ABA benefits authorized for certain active duty family members under Section 199.5 of title 32, Code of Federal Regulations), and the ABA Pilot (i.e., the supplemental ABA benefits authorized for certain non- active duty family membersincluding retiree dependents and others under Section 705 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2013). It will preserve most of the terms and conditions of coverage under that patchwork, incorporating some lessons learned. Coverage of ABA and related services under this new demonstration will apply comprehensively to all TRICARE eligible beneficiaries with a diagnosis of ASD. Eligible beneficiaries'' include dependents of active duty, retired, TRICARE-eligible Reserve Component, and certain other non-active duty members. Because there has been insufficient time to accomplish the congressional intent behind Section 705 of the FY13 NDAA, reconcile the various temporary authorities, and address the resulting complexity of the current interim TRICARE policies concerning coverage of ABA for ASD, this demonstration will consolidate TRICARE coverage of ABA based on the Department's demonstration authority in section 1092 of title 10, U.S. Code. The overarching goal is to analyze, evaluate, and compare the quality, efficiency, convenience and cost effectiveness of those autism-related services that do not constitute the proven medical care provided under the medical benefit coverage requirements that govern the TRICARE Basic Program.

The Department of the Air Force proposes to alter a system of records notice, F034 AF SVA F, entitled ``Automated Air Force Library Information System'' in its existing inventory of records systems subject to the Privacy Act of 1974, as amended. This system is used to track accountability of points of contact and materials checked out for office accounts using the Office Management (OCMAN) module. In addition it processes acquisitions for libraries and units; tracks funding; and reports statistical data. Individual's names, unit addresses and government email address may be sent to vendors as required to procure requested products.

The Department of the Navy proposes to alter the system of records, NM07010-1, entitled ``DON Non-Appropriated Funds Standard Payroll System'', in its inventory of record systems subject to the Privacy Act of 1974, as amended. This system will be used to compute employees' pay entitlements and deductions and issue payroll checks for amounts due; to withhold amounts due for Federal, state, and city taxes, to remit withholdings to the taxing authorities, and to report earnings and tax collections; and upon request of employees, to deduct specified amounts from earnings for charity, union dues, and for allotments to financial organizations.

The Office of the Inspector General proposes to alter a system of records, CIG-04, Case Reporting and Information Management System Records, in its inventory of record systems subject to the Privacy Act of 1974, as amended. This system of records contains open and closed case listings, statistical reports, and records to support the investigative process such as suitability, loyalty, eligibility, and general trustworthiness of individuals for access or continued access to classified information and suitability for access to government facilities.

The Department of the Army proposes to amend a system of records, A0165-1a DACH, entitled ``Baptism, Marriage, and Funeral Files'' in its inventory of record systems subject to the Privacy Act of 1974, as amended. This is now a closed system; no new records may be added. The system was used to render service to military members, their dependents and authorized civilians.