Department of Defense September 2016 – Federal Register Recent Federal Regulation Documents

Qualification Standards for Enlistment, Appointment, and Induction
Document Number: 2016-22408
Type: Rule
Date: 2016-09-19
Agency: Department of Defense, Office of the Secretary
This rule updates policies and responsibilities for basic entrance qualification standards for enlistment, appointment, and induction into the Armed Forces and delegates the authority to specify certain standards to the Secretaries of the Military Departments. It establishes the age, aptitude, character/conduct, citizenship, dependents, education, medical, physical fitness, and other disqualifying conditions that are causes for rejection from military service. Other standards may be prescribed in the event of mobilization or national emergency. This rule sets standards designed to ensure that individuals under consideration for enlistment, appointment, and/or induction are able to perform military duties successfully, and to select those who are the most suitable for Service life.
TRICARE; Mental Health and Substance Use Disorder Treatment
Document Number: 2016-22363
Type: Rule
Date: 2016-09-16
Agency: Department of Defense, Office of the Secretary
On September 2, 2016, the Department of Defense published a final rule (81 FR 61068-61098) titled TRICARE; Mental Health and Substance Use Disorder Treatment. DoD is making a technical amendment due to the discovery of two errors. We noted in the preamble of the final rule that we had removed the requirements regarding capacity (30 percent) and length of time licensed and at full operational status (6 months) for substance use disorder rehabilitation facilities (SUDRFs). However, we did not remove the necessary sentence in the regulatory text. In a response to a public comment in the preamble of the final rule, we said that TRICARE will require opioid treatment programs (OTPs) to be licensed and operate in substantial compliance with state and federal regulations. However, we did not make the necessary change in the regulatory text. This technical amendment corrects those errors.
Withdrawal of Notice of Intent To Prepare a Supplemental Environmental Impact Statement for the Raritan Bay and Sandy Hook Bay, New Jersey Feasibility Report for Hurricane and Storm Damage Reduction Union Beach, New Jersey Final Feasibility Report
Document Number: 2016-22336
Type: Notice
Date: 2016-09-16
Agency: Department of Defense
The U.S. Army Corps of Engineers, New York District (NY District), is withdrawing its intent to prepare a Draft Supplemental Environmental Impact Statement (SEIS) for the Study. The Notice of Intent to prepare the SEIS was published in the Friday, January 24, 2014, issue of the Federal Register (79 FR 4155).
Record of Decision for the Remaining Balanced Vision Plan and Interior Drainage Plan Features Feasibility Report and Environmental Impact Statement, Dallas County, TX
Document Number: 2016-22321
Type: Notice
Date: 2016-09-16
Agency: Department of Defense, Department of the Army, Corps of Engineers
The U.S. Army Corps of Engineers (USACE), Fort Worth District, is issuing this notice to advise Federal, state, and local governmental agencies and the public that USACE has signed a Record of Decision (ROD) for the Remaining Balanced Vision Plan (BVP) and Interior Drainage Plan (IDP) Features Feasibility Report and Final Environmental Impact Statement, in Dallas County, TX. This ROD was rendered to declare that a USACE action, a Section 408 Permission for the City of Dallas to alter the Dallas Floodway, is in the public interest.
Privacy Act of 1974; System of Records
Document Number: 2016-22236
Type: Notice
Date: 2016-09-15
Agency: Department of Defense, Office of the Secretary
Pursuant to the Privacy Act of 1974, and Office of Management and Budget (OMB) Circular No. A-130, notice is hereby given that the Defense Logistics Agency (DLA) proposes to alter a system of records, S375.80, entitled ``DLA Telework Program Records'' last published at 78 FR 17384, March 21, 2013. The system of records exists to administer the DLA Alternate Worksite/Telework program. Information on participation in the Telework Program, minus personal identifiers, is provided in management reports and to the DoD for a consolidated response to the Office of Personnel Management (OPM) annual data call. Portions of the records are also used to validate and reimburse participants for costs associated with telephone and Internet usage. This update reflects considerable administrative changes that in sum warrant an alteration to the systems of records notice. The applicable DoD Routine Uses have been incorporated in the notice to provide clarity for the public. Additionally, the categories of individuals has been updated to clearly identify the population of individuals who are included in the system of records and the categories of records has been updated to better define the information collected in the records. There are also modifications to system name, system location, authority, purpose, storage, retrievability, safeguards, retention and disposal, system manager(s) and address, notification procedure, record access procedures, and record source categories.
Meeting of the Chief of Engineers Environmental Advisory Board
Document Number: 2016-22062
Type: Notice
Date: 2016-09-15
Agency: Department of Defense, Department of the Army, Corps of Engineers
The Department of the Army is publishing this notice to announce the following Federal advisory committee meeting of the Chief of Engineers, Environmental Advisory Board (EAB). This meeting is open to the public. For additional information about the EAB, please visit the committee's Web site at http://www.usace.army.mil/Missions/ Environmental/EnvironmentalAdvisoryBoard.aspx.
Federal Acquisition Regulation: Audit of Settlement Proposals
Document Number: 2016-22070
Type: Proposed Rule
Date: 2016-09-14
Agency: Department of Defense, General Services Administration, Agencies and Commissions, National Aeronautics and Space Administration
DoD, GSA, and NASA are proposing to amend the Federal Acquisition Regulation (FAR) to raise the dollar threshold requirement for the audit of prime contract settlement proposals and subcontract settlements from $100,000 to $750,000.
Notice of Availability of Record of Decision for the Final Environmental Impact Statement for Land-Water Interface and Service Pier Extension at Naval Base Kitsap Bangor, Kitsap County, Washington
Document Number: 2016-22054
Type: Notice
Date: 2016-09-14
Agency: Department of Defense, Department of the Navy
The Department of the Navy (Navy), after carefully weighing the operational and environmental consequences of the proposed action, announces its decision to construct and operate a Land-Water Interface (LWI) in Hood Canal on the waterfront of Naval Base (NAVBASE) Kitsap Bangor, Washington (WA). The Navy will implement LWI Alternative 3, Port Security Barrier Modifications, which is the Preferred Alternative in the Final Environmental Impact Statement (EIS) of July 2016 for LWI and Service Pier Extension (SPE), NAVBASE Kitsap Bangor, WA. LWI Alternative 3 is also the environmentally preferred alternative and will fully meet the Navy's purpose and need to comply with Department of Defense directives to protect Navy TRIDENT submarines from increased and evolving threats; prevent the seizure, damage, or destruction of military assets; enhance security within the Waterfront Restricted Area; and comply with security requirements at NAVBASE Kitsap Bangor. Although the proposed SPE project was addressed in the Final EIS, a Navy decision on that project has been deferred and the details of that project are not discussed further in the Record of Decision (ROD).
Government-Industry Advisory Panel; Notice of Federal Advisory Committee Meeting
Document Number: 2016-21977
Type: Notice
Date: 2016-09-13
Agency: Department of Defense, Office of the Secretary
The Department of Defense is publishing this notice to announce the following Federal advisory committee meeting of the Government-Industry Advisory Panel. This meeting is open to the public.
Civil Monetary Penalty Inflation Adjustment
Document Number: 2016-21878
Type: Rule
Date: 2016-09-12
Agency: Department of Defense, Office of the Secretary
On November 2, 2015, the President signed into law the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the 2015 Act), which further amended the Federal Civil Penalties Inflation Adjustment Act of 1990. The 2015 Act updates the process by which agencies adjust applicable civil monetary penalties (CMP) for inflation to retain the deterrent effect of those penalties. The 2015 Act requires that not later than July 1, 2016, and not later than January 15 of every year thereafter, the head of each agency must, by regulation published in the Federal Register, adjust each CMP within its jurisdiction by the inflation adjustment described in the 2015 Act. Accordingly, the Department of Defense must adjust the level of all civil monetary penalties under its jurisdiction through a final rule and make subsequent annual adjustments for inflation.
Notice of Intent To Grant an Exclusive License; Kapalya, Inc.
Document Number: 2016-21812
Type: Notice
Date: 2016-09-12
Agency: Department of Defense, Office of the Secretary
The National Security Agency hereby gives notice of its intent to grant Kapalya, Inc. a revocable, non-assignable, exclusive, license to practice the following Government-Owned invention as described and claimed in United States Patent Number (USPN), 7,827,408, ``Device and method of authenticated cryptography.''
Submission for OMB Review; Commerce Patent Regulations
Document Number: 2016-21790
Type: Notice
Date: 2016-09-12
Agency: Department of Defense, General Services Administration, Agencies and Commissions, National Aeronautics and Space Administration
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 Department of Commerce patent regulations. A notice was published in the Federal Register at 81 FR 24103 on April 25, 2016. No comments were received.
Privacy Act of 1974; System of Records
Document Number: 2016-21768
Type: Notice
Date: 2016-09-09
Agency: Department of Defense, Department of the Army
Pursuant to the Privacy Act of 1974, 5 U.S.C. 552a, and Office of Management and Budget (OMB) Circular No. A-130, notice is hereby given that the Department of the Army proposes to alter a system of records, A0001-20 SALL, entitled ``Congressional Inquiry File,'' last published at 66 FR 13054, March 2, 2001. The system of records exists to respond to inquiries from members of Congress who request information from the Department of Defense on behalf of their constituents. This update reflects considerable administrative changes that in sum warrant an alteration to the systems of records notice. The applicable DoD Routine Uses have been incorporated in the notice to provide clarity for the public. There are also modifications to the system location, categories of individuals, categories of records, authority, purpose, routine uses, storage, retrievability, safeguards, retention and disposal, system managers and address, notification and record access procedures, and contesting record procedures to improve readability and update the notice to meet current departmental standards.
Privacy Act of 1974; System of Records
Document Number: 2016-21751
Type: Notice
Date: 2016-09-09
Agency: Department of Defense, Office of the Secretary
Pursuant to the Privacy Act of 1974, 5 U.S.C. 552a, and Office of Management and Budget (OMB) Circular No. A-130, notice is hereby given that the Office of the Secretary of Defense proposes to add a new system of records, DSCA 06, entitled ``Defense Security Assistance Management System (DSAMS).'' The system will facilitate case development, implementation, and management of the Foreign Military Sales and International Military Education and Training (IMET) Programs. The DSAMS Training Module (DSAMS-TM) is used to manage training activities of individuals who have been selected by the U.S. government to attend various Department of Defense (DoD) security cooperation training courses. In establishing this system of records, the Defense Security Cooperation Agency reviewed the safeguards established for the system to ensure they are compliant with the DoD's requirements and are appropriate to the sensitivity of the information stored within the system. Any specific routine uses have been reviewed to ensure the minimum amount of personally identifiable information is provided to other federal agencies requesting emergency language support to facilitate U.S. efforts on the war on terrorism or in furtherance of national security objectives.
Privacy Act of 1974; System of Records
Document Number: 2016-21742
Type: Notice
Date: 2016-09-09
Agency: Department of Defense, Office of the Secretary
The Office of the Secretary of Defense proposes to alter a system of records, DSCA 04, entitled ``Adjunct Faculty Information Database.'' The Defense Institute of International Legal Studies (DIILS) supports U.S. foreign policy and national security policy with rule of law training and education focused on human rights, international humanitarian law, and the law of armed conflict. The purpose of the Adjunct Faculty Information Database is to collect supplied information from qualified adjunct faculty members to make preparations for their overseas travel assignments as well as maintain a record of their qualifications for participation in future training programs. This data will also be used as a resource for future travel and training assignments, as a record of adjunct assignments and a basis to identify training requirements for the adjunct faculty.
Information Collection; Examination of Records by Comptroller General and Contract Audit
Document Number: 2016-21721
Type: Notice
Date: 2016-09-09
Agency: Department of Defense, General Services Administration, Agencies and Commissions, National Aeronautics and Space Administration
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 the examination of records by comptroller general and contract audit.
Submission for OMB Review; Comment Request
Document Number: 2016-21695
Type: Notice
Date: 2016-09-09
Agency: Department of Defense, Office of the Secretary
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.
Board of Visitors of the U.S. Air Force Academy Notice of Meeting; Cancellation
Document Number: 2016-21624
Type: Notice
Date: 2016-09-08
Agency: Department of Defense, Department of the Air Force
On Friday, August 19, 2016, (81 FR 55454), the Department of Defense published in the Federal Register, a notice to announce the quarterly meeting of the United States Air Force Academy Board of Visitors on September 7 & 8, 2016. The meeting was cancelled due to last-minute circumstances indicating there would not be a quorum for the meeting.
Judicial Proceedings Since Fiscal Year 2012 Amendments Panel (Judicial Proceedings Panel); Notice of Federal Advisory Committee Meeting
Document Number: 2016-21611
Type: Notice
Date: 2016-09-08
Agency: Department of Defense, Office of the Secretary
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.
Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea, 1972
Document Number: 2016-21598
Type: Rule
Date: 2016-09-08
Agency: Department of Defense, Department of the Navy
The Department of the Navy (DoN) is amending its certifications and exemptions under the International Regulations for Preventing Collisions at Sea, 1972 (72 COLREGS), to reflect that the Deputy Assistant Judge Advocate General (DAJAG) (Admiralty and Maritime Law) has determined that USS JOHN FINN (DDG 113) is a vessel of the Navy which, due to its special construction and purpose, cannot fully comply with certain provisions of the 72 COLREGS without interfering with its special function as a naval ship. The intended effect of this rule is to warn mariners in waters where 72 COLREGS apply.
Vietnam War Commemoration Advisory Committee; Notice of Federal Advisory Committee Meeting
Document Number: 2016-21580
Type: Notice
Date: 2016-09-08
Agency: Department of Defense, Office of the Secretary
The Department of Defense is publishing this notice to announce the following Federal advisory committee meeting of the Vietnam War Commemoration Advisory Committee. This meeting is open to the public.
Notice of Intent To Prepare a Joint Environmental Impact Statement/Environmental Impact Report for the Proposed Lower Elkhorn Basin Levee Setback Project, Yolo County, CA
Document Number: 2016-21578
Type: Notice
Date: 2016-09-08
Agency: Department of Defense, Department of the Army, Corps of Engineers
The U.S. Army Corps of Engineers (USACE), Sacramento District, as the lead agency under the National Environmental Policy Act (NEPA), and the California Department of Water Resources (DWR), as the lead agency under the California Environmental Quality Act (CEQA), will prepare a joint Environmental Impact Statement/Environmental Impact Report (EIS/EIR) for the Lower Elkhorn Setback Levee Project. DWR is the project proponent and may be referred to as the Applicant or Requester. The EIS/EIR will analyze DWR's proposed action to implement a flood risk management project in the Lower Elkhorn Basin in Yolo County, California. Because the proposed action would alter Federal levees, permission from USACE is required under Section 14 of the Rivers and Harbors Act (Section 408) (33 U.S.C. 408). The proposed action would also affect waters of the United States and require a permit from USACE under Section 404 of the Clean Water Act (33 U.S.C. 1344).
Draft Supplemental Environmental Impact Statement for the Dam Safety Modification Report, Bluestone Dam, Hinton, Summers County, WV
Document Number: 2016-21570
Type: Notice
Date: 2016-09-08
Agency: Department of Defense, Department of the Army, Corps of Engineers
Pursuant to the National Environmental Policy Act (NEPA), the U.S. Army Corps of Engineers (Corps), Huntington District prepared a Supplemental Draft Environmental Impact Statement (SDEIS) to disclose potential impacts to the natural, physical, and human environment resulting from modifications to Bluestone Dam. The original EIS was published in 1998 and a Record of Decision (ROD) was signed in 1999 concluding the NEPA process allowing the Corps to initiate implementation of the Bluestone Dam Safety Assurance (DSA) Project. When completed, the current modifications under construction will strengthen the dam's stability and allow for increased discharge capacity through the use of hydropower penstocks substantially reducing risk. However, physical modeling and expert analysis conducted during project construction indicated the downstream bedrock is vulnerable to an unacceptable degree of erosion during high flow events. The Corps has also recognized potential for unacceptable erosion associated with overtopping of areas of the dam not designed to be overtopped. After a full consideration of alternatives to achieve acceptable risk levels, this SDEIS recommends implementing modifications to the existing stilling basin to prevent scour that could result in spillway instability and thus dam failure. Modification may include alteration to the existing stilling basin to include installation of a concrete apron, larger baffles, and would also include non-structural risk management measures. This SDEIS also addresses the prolonged construction duration of modification features described in the original EIS and ROD.
Inland Waterways Users Board Meeting Notice
Document Number: 2016-21569
Type: Notice
Date: 2016-09-08
Agency: Department of Defense, Department of the Army, Corps of Engineers
The Department of the Army is publishing this notice to announce the following Federal advisory committee meeting of the U.S. Army Corps of Engineers, Inland Waterways Users Board (Board). This meeting is open to the public. For additional information about the Board, please visit the committee's Web site at http:// www.iwr.usace.army.mil/Missions/Navigation/InlandWaterways UsersBoard.aspx.
Defense Federal Acquisition Regulation Supplement: Rights in Technical Data and Validation of Proprietary Data Restrictions (DFARS Case 2012-D022)
Document Number: 2016-21463
Type: Proposed Rule
Date: 2016-09-07
Agency: Defense Acquisition Regulations System, Department of Defense
DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to implement a section of the National Defense Authorization Act for Fiscal Year 2012 that revises the sections of title 10 of the United States Code (U.S.C.) that address technical data rights and validation of proprietary data restrictions. The comment period on the proposed rule is extended 16 days.
Professional U.S. Scouting Organization Operations at U.S. Military Installations Overseas; Technical Amendment
Document Number: 2016-21254
Type: Rule
Date: 2016-09-07
Agency: Department of Defense, Office of the Secretary
On January 25, 2016, the Department of Defense published a final rule, 81 FR 3959-3962, titled Professional U.S. Scouting Organization Operations at U.S. Military Installations Overseas. DoD is making a technical amendment due to the discovery of a mistake regarding the use of nonappropriated funds. A paragraph in the final rule incorrectly stated nonappropriated funds cannot be used to reimburse salaries and benefits of qualified scouting organization employees. Nonappropriated funds may be used to reimburse salaries and benefits of employees of qualified scouting organizations for periods during which their professional scouting employees perform services in overseas areas in direct support of DoD personnel and their families.
National Environmental Policy Act Implementing Procedures
Document Number: 2016-21294
Type: Notice
Date: 2016-09-06
Agency: Department of Defense, Office of the Secretary
The Defense Threat Reduction Agency/USSTRATCOM Center for Combating Weapons of Mass Destruction (DTRA/SCC-WMD or the Agency) is issuing procedures to implement the National Environmental Policy Act (NEPA), Executive Order (E.O.) 11514, and Council on Environmental Quality (CEQ) regulations for implementing the procedural provisions of NEPA.
Notice of Intent To Prepare an Environmental Impact Statement (EIS) for the Housing Program at Wright-Patterson Air Force Base (AFB), OH
Document Number: 2016-21274
Type: Notice
Date: 2016-09-06
Agency: Department of Defense, United States Air Force
The United States Air Force (Air Force) is issuing this notice to notify the public of its intent to prepare an Environmental Impact Statement (EIS) for the housing program at Wright-Patterson AFB. The EIS is being prepared in accordance with National Environmental Policy Act (NEPA) of 1969; 40 Code of Federal Regulations (CFR), Parts 1500- 1508, the Council on Environmental Quality (CEQ) regulations for implementing NEPA; and the Air Force Environmental Impact Analysis Process (EIAP) [32 CFR part 989]. This notice also serves to invite early public and agency participation in determining the scope of environmental issues and alternatives to be analyzed in the EIS and to identify and eliminate from detailed study the issues which are not significant. To effectively define the full range of issues and concerns to be evaluated in the EIS, the Air Force is soliciting scoping comments from interested local, state and federal agencies, interested American Indian tribes, and interested members of the public. This NOI also serves to invite stakeholder participation and comment as part of the National Historic Preservation Act (NHPA) and in support and furtherance of the NHPA Section 106 consultation process. Scoping comments may be submitted to the Air Force at the planned public scoping meetings and/or in writing.
Notice Is Given of the Names of Members of the Performance Review Board for the Department of the Air Force
Document Number: 2016-21056
Type: Notice
Date: 2016-09-06
Agency: Department of Defense, Department of the Air Force
Notice is given of the names of members of the Performance Review Board for the Department of the Air Force.
TRICARE; Mental Health and Substance Use Disorder Treatment
Document Number: 2016-21125
Type: Rule
Date: 2016-09-02
Agency: Department of Defense, Office of the Secretary
This final rule modifies the TRICARE regulation to reduce administrative barriers to access to mental health benefit coverage and to improve access to substance use disorder (SUD) treatment for TRICARE beneficiaries, consistent with earlier Department of Defense and Institute of Medicine recommendations, current standards of practice in mental health and addiction medicine, and governing laws. This rule seeks to eliminate unnecessary quantitative and non-quantitative treatment limitations on SUD and mental health benefit coverage and align beneficiary cost-sharing for mental health and SUD benefits with those applicable to medical/surgical benefits, expand covered mental health and SUD treatment under TRICARE to include coverage of intensive outpatient programs and treatment of opioid use disorder and to streamline the requirements for mental health and SUD institutional providers to become TRICARE authorized providers, and to develop TRICARE reimbursement methodologies for newly recognized mental health and SUD intensive outpatient programs and opioid treatment programs.
Personal Commercial Solicitation on DoD Installations
Document Number: 2016-21092
Type: Proposed Rule
Date: 2016-09-02
Agency: Department of Defense, Office of the Secretary
This rule establishes policy, assigns responsibilities, and provides procedures for personal commercial solicitation on DoD installations, and identifies prohibited practices that may cause withdrawal of personal commercial solicitation privileges on DoD installations and establishes notification requirements when privileges are withdrawn.
Proposed Collection; Comment Request
Document Number: 2016-21089
Type: Notice
Date: 2016-09-01
Agency: Department of Defense, Department of the Army
In compliance with the Paperwork Reduction Act of 1995, the Office of the Assistant Secretary of Defense for Civil Works announces a proposed public information collection and seeks public comment on the provisions thereof. Comments are invited on: 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; the accuracy of the agency's estimate of the burden of the proposed information collection; ways to enhance the quality, utility, and clarity of the information to be collected; and 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.
Notification of an Open Meeting of the National Defense University Board of Visitors (BOV)
Document Number: 2016-21075
Type: Notice
Date: 2016-09-01
Agency: Department of Defense, Office of the Secretary
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.
Notice of Intent To Grant Exclusive Patent License; Microsphere Material Solutions, LLC.
Document Number: 2016-21051
Type: Notice
Date: 2016-09-01
Agency: Department of Defense, Department of the Navy
The invention listed below is assigned to the United States Government as represented by the Secretary of the Navy. The Department of the Navy hereby gives notice of its intent to grant to Microsphere Material Solutions, LLC., a revocable, nonassignable, exclusive license to practice in the United States, the Government-owned invention described below: U.S. PATENT 9,102,087 (Navy Case 103037): Issued August 11, 2015, entitled ``FOAMS MADE OF AMORPHOUS HOLLOW SPHERES AND THE MANUFACTURE THEREOF''.