Department of Defense 2016 – Federal Register Recent Federal Regulation Documents

The Office of the Secretary of Defense proposes to add a new system of records, DMDC 23 DoD, entitled ``Investigations and Resolutions Case Management System (IRCMS).'' This system will serve as the Department of Defense's enterprise-wide, web-based tracking and case management application that provides an effective mechanism to manage and track Equal Employment Opportunity (EEO) complaints submitted for investigation.

This final rule revises the benefit payment provision for nonparticipating providers to more closely mirror industry practices by requiring TDP nonparticipating providers to be reimbursed (minus the appropriate cost-share) at the lesser of billed charges or the network maximum allowable charge for similar services in that same locality (region) or state. This rule also updates the regulatory provisions regarding dental sealants to clearly categorize them as a preventive service and, consequently, eliminate the current 20 percent cost-share applicable to sealants to conform with the language in the regulation to the statute.

DOD is establishing policies based on section 539 of Public Law 111-84 to implement the Interstate Compact on Educational Opportunity for Military Children (referred to as the ``Compact'') within the DoD. The proposed rule provides components with policies to support the intent of the Compact, which is to aid the transition of school-age children in military families between school districts (to include between Department of Defense Educational Activity schools and state school districts). Each state joining the compact agrees to address specific school transition issues in a consistent way and minimize school disruptions for military children transferring from one state school system to another. The compact consists of general policies in four key areas: Eligibility, enrollment, placement and graduation. Children of active duty members of the uniformed services, National Guard and Reserve on active duty orders, and members or veterans who are medically discharged or retired for one year are eligible for assistance under the Compact.

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 to a previously approved information collection requirement concerning prompt payment.

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.

This document makes an amendment to the Federal Acquisition Regulation (FAR) in order to make an editorial change.

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) 2005-87. 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.

Subsection (e)(12) of the Privacy Act of 1974, as amended (5 U.S.C. 552a), requires agencies to publish advance notice of any proposed or revised computer matching program by the matching agency for public comment. The Defense Manpower Data Center (DMDC) of the Department of Defense (DoD), as the matching agency under the Privacy Act is hereby giving notice to the record subjects of a computer matching program between the Department of Veterans Affairs (VA) and DMDC that their records are being matched by computer. The purpose of this match concerns Reserve pay reconciliation.

In accordance with the National Environmental Policy Act (NEPA), the U.S. Army Corps of Engineers (USACE) San Francisco District, the Port of Stockton, and the Contra Costa County Water Agency are preparing an Environmental Impact Statement/Environmental Impact Report (EIS/EIR) to evaluate the efficiency of the movement of goods along the existing deep-draft navigation route extending from the San Francisco Bay to the Port of Stockton. This Notice of Intent (NOI) represents a supplemental notice to the March 12, 2008, NOI released for the San Francisco Bay to Stockton Navigation Improvement Study. This supplemental NOI also provides an update to the description of the study and discusses current phasing of the project. Because of the amount of time that has passed since 2008, this supplemental NOI is being released to notify the public that work will begin on an EIS/EIR, which is anticipated to be issued for public review in 2016. This NOI also re-opens the public scoping period. The 2008 NOI discussed the project as a single navigation improvement study/project, proposing to deepen the John F. Baldwin channel from the West Richmond Channel to New York Slough Channel to a maximum depth of -45 feet mean lower low water (MLLW) and the Stockton Deep Water Ship Channel to a maximum depth of -40 feet MLLW. The forthcoming EIS/EIR proposes to reevaluate the unconstructed portions of the original project described in the 1965 Chief of Engineers Report (House Document 89-208) and authorized by the Rivers and Harbors Act of 1965 (Public Law 89-298), which will be referred to in the EIS/EIR as Phase I (or the proposed project). Additional study authority exists for the entire channel from San Francisco Bay to Stockton, provided by the 2014 United States Senate Committee on Environment and Public Works Committee Resolution and specifying ``navigation, ecosystem restoration, flood risk reduction, and other water related resource purposes.'' This additional study authority will be discussed programmatically in the EIS/EIR. The study area for the overall project consists of two reaches: The Western Reach and Eastern Reach. The Western Reach extends from Central San Francisco Bay to Avon and includes the West Richmond Channel, Pinole Shoal Channel, and Bulls Head Reach portion of the Suisun Bay Channel. The Eastern Reach extends from Avon to the Port of Stockton and includes the remaining portions of the Suisun Bay Channel (east of Avon), New York Slough Channel, and the Stockton Deep Water Ship Channel. The Western Reach is authorized to a depth of -45 feet mean lower low water (MLLW), but is currently maintained to -35 feet MLLW. Additional deepening of the Eastern Reach requires separate Congressional authorization for construction. The forthcoming EIS/EIR for which this NOI is prepared proposes to separate the overall project into two separate phases (Phase I and Phase II) under a navigation improvement programmatic analysis. Under the programmatic analysis, two reaches and two phases are identified. Phase I of the study is a single purpose navigation improvement project to evaluate incremental deepening to a maximum depth of -40 feet MLLW in the Western Reach. Phase II is a subsequent multipurpose navigation and ecosystem restoration study that would evaluate deepening the Eastern Reach to a maximum depth of -40 feet MLLW. Phase II will also revisit if further deepening of Western Reach up to its authorized depth of -45 feet MLLW is warranted. The Eastern Reach is maintained at its authorized depth of -35 feet MLLW, and any additional deepening in this reach will require a new project authorization through a subsequent Water Resources Development Act (WRDA). The EIS/EIR will include both a project-level feasibility analysis for implementation of Phase I and a programmatic-level analysis for Phase II. Analysis of Phase II will be conducted using only existing information (i.e., additional studies or data collection will not be conducted). Additional project-level feasibility analysis of Phase II will require execution of a separate Feasibility Cost Sharing Agreement with the local sponsor and pending receipt of federal study funds.

The Draft Environmental Assessment (EA) is being prepared pursuant to the National Environmental Policy Act (NEPA), Council on Environmental Quality (CEQ) regulations (40 CFR, 1500-1517), and the U.S. Army Corps of Engineers (USACE) implementing regulation, Policy and Procedures for Implementing NEPA, Engineer Regulation (ER) 200-2-2 (1988). The study is being conducted in accordance with the requirements of 36 CFR 327.30, dated July 27, 1990 and ER 1130-2-406, dated October 31, 1990. The EA will evaluate potential impacts (beneficial and adverse) to socioeconomic conditions, cultural and ecological resources, recreation, aesthetics, infrastructure, lake water quality, terrestrial and aquatic fish and wildlife habitats, federally-listed threatened and endangered species, and cumulative impacts associated with past, current, and reasonably foreseeable future actions at Beaver Lake. Following the public scoping period and after consideration of all comments received during scoping, USACE will prepare a Draft EA. The Draft EA will be made available for public review and comment. Based on the EA analysis, USACE will either issue a Finding of No Significant Impact or announce its intent to prepare an environmental impact statement (EIS). If USACE determines that an EIS is needed, either during preparation of the EA or after completing the EA, USACE will issue in the Federal Register a Notice of Intent (NOI) to prepare an EIS. In that case, the current scoping process would serve as the scoping process that normally would follow an NOI to prepare an EIS. USACE would not solicit additional scoping comments but would consider any comments on the scope of the EA received during this scoping process in preparing the EIS.

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.

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 P MURTHA (LPD 26) 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.

In accordance with 37 CFR 404.7(a)(1)(i), announcement is made of a prospective exclusive license of the following U.S. Patent Application 11/407,216 Filed April 20, 2006 to Byung J. Kim for use of the Digital Optical Method (DOM\TM\) to quantify the opacity of fluids from digital photos.

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 Indirect Cost Rates.

The Defense Travel Management Office is publishing Civilian Personnel Per Diem Bulletin Number 301. This bulletin lists revisions in the per diem rates prescribed for U.S. Government employees for official travel in Alaska, Hawaii, Puerto Rico, the Northern Mariana Islands and Possessions of the United States when applicable. AEA changes announced in Bulletin Number 194 remain in effect. Bulletin Number 301 is being published in the Federal Register to assure that travelers are paid per diem at the most current rates.

The purpose of this rule is to establish policy, assign responsibilities, and promulgate procedures for informing current and former uniformed Service members of the Department of Defense (DoD) and individuals who apply for uniformed service with DoD of their rights, benefits, and obligations under USERRA and its implementing regulations. This rule does not apply to Service members who have served or applied to serve with the National Disaster Medical Response System or with the Commissioned Corps of the Public Health Service. Additionally, the rule establishes procedures for DOD components' responsibilities related to fulfilling their USERRA obligations.

Under the provisions of the Federal Advisory Committee Act of 1972 (5 U.S.C., Appendix, as amended), the Government in the Sunshine Act of 1976 (5 U.S.C. 552b, as amended), and 41 CFR 102-3.150, the Department of Defense announces that the United States Air Force (USAF) Scientific Advisory Board (SAB) Spring Board meeting will take place on 19 April 2016 at the 612th Air Operations Center, located at 2915 S Twelfth AF Drive, Davis-Monthan AFB, AZ, 85707-4100. The meeting will occur from 7:30 a.m.-12:00 p.m. on Tuesday, 19 April 2016. The session open to the general public will be held from 7:30 a.m. to 8:00 a.m. on 19 April 2016. The purpose of this Air Force Scientific Advisory Board quarterly meeting is to conduct a midterm review of FY16 SAB studies, which consist of: (1) Directed Energy Maturity for Airborne Self- Defense Applications, (2) Data Analytics to Support Operational Decision Making, (3) Responding to Uncertain or Adaptive Threats in Electronic Warfare, and (4) Airspace Surveillance to Support A2/AD Operations. In accordance with 5 U.S.C. 552b, as amended, and 41 CFR 102-3.155, a number of sessions of the USAF SAB Spring Board meeting will be closed to the public because they will discuss classified information and matters covered by Section 552b of Title 5, United States Code, subsection (c), subparagraph (1). Any member of the public that wishes to attend this meeting or provide input to the USAF SAB must contact the USAF SAB meeting organizer at the phone number or email address listed below at least ten working days prior to the meeting date. Please ensure that you submit your written statement in accordance with 41 CFR 102-3.140(c) and section 10(a)(3) of the Federal Advisory Committee Act. Statements being submitted in response to the agenda mentioned in this notice must be received by the USAF SAB meeting organizer at the address listed below at least five calendar days prior to the meeting commencement date. The USAF SAB meeting organizer will review all timely submissions and respond to them prior to the start of the meeting identified in this noice. Written statements received after this date may not be considered by the USAF SAB until the next scheduled meeting.

The Corps of Engineers is establishing a permanent danger zone in waters of the Atlantic Ocean south of Rudee Inlet in Virginia Beach, Virginia. The Camp Pendleton firing range supports a myriad of stakeholders that include all components of the Department of Defense, including: U.S. Army, Army National Guard, Army Reserve, U.S. Navy, Navy Reserve, U.S. Marine Corps, U.S. Marine Corps Reserve, U.S. Air Force, Air Force National Guard, Air Force Reserve, U.S. Coast Guard, and the U.S. Coast Guard Reserve, as well as many non-Department of Defense units. Camp Pendleton, VA will provide an economical, safe training environment for individual live fire exercises, and collective units to conduct the minimum requirements for weapons qualification. The danger zone will increase the level of safety to the public in the vicinity of the live firing operations by providing additional notice of the hazards present.

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

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 https:// www.iwr.usace.army.mil/Missions/Navigation/ InlandWaterwaysUsersBoard.aspx.

The Office of the Secretary of Defense proposes to alter a system of records notice DWHS D01, entitled ``DoD National Capital Region Mass Transportation Benefit Program'' to manage the DoD National Capital Region Mass Transportation Benefit Program for DoD military and civilian personnel applying for and in receipt of fare subsidies. Used as a management tool for statistical analysis, tracking, reporting, evaluating program effectiveness, and conducting research.

The Office of the Secretary of Defense proposes to alter a system of records, DWHS P04, entitled ``Reduction-In-Force Case Files'' to maintain records used to affect a RIF, document retention standing, personnel actions, and all communications between the employees, managers, and the Human Resources Office.

In compliance with the Paperwork Reduction Act of 1995, the Office of the Surgeon General, United States Army Medical Command (MEDCOM) announces a proposed public information collection and seeks public comment on the provisions thereof. Comments 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 Defense Threat Reduction Agency proposes to add a new system of records, HDTRA 028, entitled ``AtHoc Emergency Mass- Notification System'' will be used to notify the workforce quickly with information in times of emergency (snow, fire, hurricane or other unforeseen situations that cause the Fort Belvoir/McNamara Complex to be closed).

In compliance with the Paperwork Reduction Act of 1995, the Office of the Assistant Secretary of Defense for the Department 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.