Department of Defense February 2015 – Federal Register Recent Federal Regulation Documents

In compliance with the Paperwork Reduction Act of 1995, the Office of the Administrative Assistant to the Secretary of the Army 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.

In accordance with 10 U.S.C. 9355, the U.S. Air Force Academy (USAFA) Board of Visitors (BoV) will hold a meeting at Harmon Hall, U.S. Air Force Academy, Colorado Springs CO on March 16, 2015. The meeting will begin at 10:15 a.m. and is scheduled to close to the public at 3:00 p.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, which will include, but not be limited to, an admissions update and a review of the DoD Annual Report on Sexual Harassment and Violence at Military Service Academies; an update from non-federal entities that support the Academy; and a review of the Center for Character and Leadership Development organization and facility. 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. 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. 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. Contact Information: For additional information or to attend this BoV meeting, contact Maj. Mark Cipolla, Accessions and Training Division, AF/A1PT, 1040 Air Force Pentagon, Washington, DC 20330, (703) 695-4066, mark.cipolla@us.af.mil.

Pursuant to the provisions of part 404 of Title 37, Code of Federal Regulations, which implements Public Law 96-517, as amended, the Department of the Air Force announces its intention to grant Kognitive Systems, LLC, a corporation of New York, having a place of business at 14 White Pine Road, New Hartford, New York 13413, a partially exclusive license being limited to the field of use in Process Control in the Pulp and Paper Industry, in any right, title and interest the United States Air Force has in: In U.S. Patent No. 8,732,100 entitled ``Method and Apparatus for Event Detection Permitting Per Event Adjustment of False Alarm Rate'', issued on May 20th, 2014.

The Department of the Army is amending the Army Privacy Program Regulation. Specifically, Army is reinstating exemptions that were mistakenly deleted when the Army's Privacy Program Regulation was last revised. These rules provide policies and procedures for the Army's implementation of the Privacy Act of 1974, as amended. This direct final rule makes changes to the Department of the Army's Privacy Program rules. These changes will allow the Department to exempt records from certain portions of the Privacy Act. This will improve the efficiency and effectiveness of DoD's program by preserving the exempt status of the records when the purposes underlying the exemption are valid and necessary to protect the contents of the records. This rule is being published as a direct final rule as the Department of Defense does not expect to receive any adverse comments, and so a proposed rule is unnecessary. The revisions to these rules are part of DoD's retrospective plan under Executive Order 13563 completed in August 2011. DoD's full plan can be accessed at https://www.whitehouse.gov/sites/default/files/other/ 2011-regulatory-action-plans/ departmentofdefenseregulatoryreformplanaugust2011a.pdf.

DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to implement sections of the Department of Defense Appropriations Acts for Fiscal Year (FY) 2014 and FY 2015 that prohibit use of funds made available under the acts for the purchase or manufacture of a flag of the United States, unless such flag is manufactured in the United States.

DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement the statutory domestic source restrictions on acquisition of certain naval vessel components.

The Department of Defense is publishing this notice to announce the following Federal Advisory Committee meeting of the Judicial Proceedings since Fiscal Year 2012 Amendments Panel (``the Judicial Proceedings Panel'' or ``the Panel''). The meeting is open to the public.

The Department of the Army is publishing this notice to announce the following Federal advisory committee meeting of the Remember Subcommittee of the Advisory Committee on Arlington National Cemetery (ACANC). The meeting is open to the public. For more information about the Committee and the Remember Subcommittee, please visit https://www.arlingtoncemetery.mil/About/Advisory-Committee-on- Arlington-National-Cemetery/Charter.

The Department of Defense is publishing this notice to announce that the following Federal Advisory Committee meeting of the Reserve Forces Policy Board (RFPB) will take place. This meeting will be partially-closed to the public.

The U.S. Army Corps of Engineers is establishing a new danger zone in the waters adjacent to Camp Rilea located in Clatsop County, Oregon. The regulation prohibits any activity by the public within the danger zone during use of weapons training ranges. The new danger zone is necessary to ensure public safety and satisfy the Oregon National Guard operations requirements for small arms training.

The U.S. Army Corps of Engineers (USACE) Tulsa District has prepared a Draft Environmental Impact Statement (EIS) to analyze the direct, indirect and cumulative effects of the construction and operation of the proposed Lower Bois d'Arc Creek Reservoir (LBCR) and related actions proposed by the North Texas Municipal Water District (NTMWD) in Fannin County, TX. The Proposed Action is a regional water supply project intended to provide up to 175,000 acre-feet/year (AFY), with an estimated firm yield of 126,200 AFY, of new water for NTMWD's member cities and direct customers in all or portions of nine counties in northern Texas Collin, Dallas, Denton, Fannin, Hopkins, Hunt, Kaufman, Rains and Rockwall. Construction of the reservoir and related facilities would result in permanent impacts to approximately 6,180 acres of wetlands and 651,024 linear feet of streams. This action requires authorization from the USACE under Section 404 of the Clean Water Act. The Section 404 permit applicant is the NTMWD. The Draft EIS was prepared in accordance with the National Environmental Policy Act (NEPA) of 1969, as amended, and the USACE's regulations for NEPA implementation (33 Code of Federal Regulations [CFR] parts 230 and 325, Appendices B and C). The USACE, Tulsa District, Regulatory Branch is the lead federal agency responsible for the Draft EIS and information contained in the EIS serves as the basis for a decision whether or not to issue a Section 404 permit. It also provides information for Federal, state and local agencies having jurisdictional responsibility for affected resources.

The Department of Defense is publishing this notice to announce the following Federal Advisory Committee meeting of the U.S. Strategic Command Strategic Advisory Group. This meeting will be closed to the public.

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 under Control Number 0704-0479 for use through June 30, 2015. DoD is proposing that OMB extend its approval for use for three additional years.

In compliance with the Paperwork Reduction Act of 1995, the DFAS 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.

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 material and workmanship.

Under the provisions of the Paperwork Reduction Act, the Regulatory Secretariat Division 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 organization and direction of work. A notice was published in the Federal Register at 79 FR 64597 on October 30, 2014. No comments were received.

Pursuant to section 102(2)(c) of the National Environmental Policy Act (NEPA) and the Council on Environmental Quality regulations for implementing the procedural provisions of NEPA (40 CFR parts 1500 through 1508), the Department of the Navy (Navy) has prepared and filed with the U.S. Environmental Protection Agency a Draft Environmental Impact Statement (EIS) for Land-Water Interface (LWI) and Service Pier Extension (SPE) on Naval Base Kitsap Bangor, Silverdale, WA. The Draft EIS evaluates the potential environmental effects of two proposed actions: (1) The proposed construction and operation of LWI structures and (2) the proposed construction and operation of a SPE and associated support facilities, both on Naval Base Kitsap Bangor. With the filing of the Draft EIS, the Navy is initiating a 60-day public comment period and has scheduled two public meetings to provide information and receive comments on the Draft EIS. This notice announces the dates and locations of the public meetings and provides information about the environmental planning effort.

The U.S. Marine Corps proposes to alter the system of records, MMC00010, entitled ``Marine Corps Marathon Automated Support System'' in its inventory of record systems subject to the Privacy Act of 1974, as amended. This system will be used to collect information to register, acknowledge and promote participation in Marine Corps race events. The primary user of the collected information is the Marine Corps Marathon Office. Information is used to plan, organize, coordinate and execute the events and communicate with the runners and volunteers before, during and after the event to include publication of finisher results, finisher certificates and race photographs, videos and motion pictures. Data and photographs, videotape, motion pictures and other recordings may be used by the Marine Corps Marathon Office and its select sponsors for surveys, publications on Web sites, race programs and promotions, newspaper articles, newsletters and other race marketing purposes and runner enhancements.

In compliance with the Paperwork Reduction Act of 1995, the Defense Finance and Accounting Service (DFAS) 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 Office of the Secretary of Defense proposes to alter a system of records, V5-02, entitled ``Defense Clearance and Investigations Index (DCII)'' in its inventory of record systems subject to the Privacy Act of 1974, as amended. The DCII is a central database of DoD conducted or sponsored investigations used by DoD law enforcement activities, personnel security adjudicators, and in the Continuous Evaluation program. It also aggregates the results of National Agency Check (NAC) information prior to February 2005 (NAC information after this period is maintained by OPM as well as other Federal investigative agencies). Records document investigations on file with DoD agencies and the United States Coast Guard. The database also provides data query, data management and reporting capabilities on data pertaining to the existence and physical location of criminal and personnel security investigative files.

This notice provides the updated regional per-diem rates for low-volume mental health providers; the update factor for hospital- specific per-diems; the updated cap per-diem for high-volume providers; the beneficiary per-diem cost-share amount for low-volume providers; and the updated per-diem rates for both full-day and half-day TRICARE Partial Hospitalization Programs for Fiscal Year 2015.

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

The Office of the Secretary of Defense proposes to alter a system of records, DPR 45 DoD, entitled ``Military OneSource (MOS) Case Management System (CMS)'' in its inventory of record systems subject to the Privacy Act of 1974, as amended. MOS CMS allows the documentation of an individual's eligibility; identification of the caller's inquiry or issue to provide a warm hand- off, referral and/or requested information; the development towards a final solution and referral information. Records may be used as a management tool for statistical analysis, tracking, reporting, and evaluating program effectiveness, and for conducting research. Information about individuals indicating a threat to self or others will be reported to the appropriate authorities in accordance with DoD regulations and established protocols.

The Department of the Army is publishing this notice to announce the following Federal advisory committee meeting of the Army Education Advisory Committee. This meeting is open to the public.

This is not a notice of solicitation issuance. The Director, Department of Defense Executive Agent for Space Staff, as the Compliance Officer under the Federal Trade Commission (FTC) Decision and Order (hereinafter referred to as the ``Consent Order''), in the Matter of Lockheed Martin Corporation (LMC), the Boeing Company (Boeing), and United Launch Alliance, L.L.C. (ULA) (hereinafter referred to as the ``Respondents''), Docket No. C-4188, dated May 1, 2007, is posting this notice to publicize the Consent Order, notify the Public of a change in DOD Compliance Officer personnel and to provide points of contact for further information or for comment submittal. The consent order: The Consent Order requires that with regard to covered Government programs, (1) ULA afford all space vehicle manufacturers non-discriminatory treatment for launch services that ULA may provide, and that (2) LMC and Boeing, as space vehicle manufacturers, consider all qualified launch service providers on a non-discriminatory basis. Covered programs are Government programs which are delivered in orbit and utilize medium-to-heavy launch services. The Consent Order also requires firewalls to prevent information from a space vehicle provider being shared by ULA with its Boeing or LMC parent company. Similarly, Boeing and LMC must have firewalls to ensure that other launch service information is not shared with ULA. The Consent Order also requires that the Department of Defense appoint a Compliance Officer to oversee compliance with the Consent Order by all three Respondents. The Consent Order remains in full effect through 30 April 2017. The complete text of the ULA Consent Order and supplementary information is located on the following FTC Web site: https://www.ftc.gov/enforcement/cases-proceedings/0510165/ lockheed-martin-corporation-boeing-company-united-launch DOD Compliance Officer: The DOD Compliance Officer is the Director, Department of Defense Executive Agent for Space Staff. The duties of this position are now conducted by Lieutenant General Ellen M. Pawlikowski. Points of Contact For Further Information or Inquiries: For further information and inquires, or to request a meeting with the DOD Compliance Officer or her Government Compliance Team, interested parties should contact either Mrs. Sarah Beth Cliatt (Compliance Division Chief), Tel: 719-556-2268; or Colonel Marc Berkstresser (Deputy Compliance Division Chief), Tel: 703-693-3634.