Department of Defense 2016 – Federal Register Recent Federal Regulation Documents
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Government-Industry Advisory Panel; Notice of Federal Advisory Committee Meeting
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.
Charter 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 Department of Defense Wage Committee (``the Committee'').
Defense Federal Acquisition Regulation Supplement: Offset Costs (DFARS Case 2015-D028)
DoD is issuing a proposed rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement a section of the National Defense Authorization Act for Fiscal Year 2016 related to costs associated with indirect offsets under foreign military sales agreements.
Defense Federal Acquisition Regulation Supplement: Independent Research and Development Expenses (DFARS Case 2016-D017)
DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to ensure that substantial future independent research and development expenses, as a means to reduce evaluated bid prices in competitive source selections, are evaluated in a uniform way during competitive source selections.
Defense Federal Acquisition Regulation Supplement: Pilot Program on Acquisition of Military Purpose Nondevelopmental Items (DFARS Case 2016-D014)
DoD is adopting 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 for Fiscal Year 2016 that changes the criteria for the pilot program for acquisition of military purpose nondevelopmental items.
Defense Federal Acquisition Regulation Supplement: Contiguous United States (DFARS Case 2016-D005)
DoD is issuing a final rule to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to remove the acronym for contiguous United States.
Defense Federal Acquisition Regulation Supplement: Enhancing the Effectiveness of Independent Research and Development (DFARS Case 2016-D002)
DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to improve the effectiveness of independent research and development (IR&D) investments by the defense industrial base, by requiring contractors to engage in technical interchanges with DoD before costs are generated.
Judicial Proceedings Since Fiscal Year 2012 Amendments Panel (Judicial Proceedings Panel); Notice of Federal Advisory Committee Meeting
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.
Civilian Health and Medical Program of the Uniformed Services (CHAMPUS)/TRICARE: Refills of Maintenance Medications Through Military Treatment Facility Pharmacies or National Mail Order Pharmacy Program
This final rule implements section 702 (c) of the Carl Levin and Howard P. ``Buck'' McKeon National Defense Authorization Act for Fiscal Year 2015 which states that beginning October 1, 2015, the pharmacy benefits program shall require eligible covered beneficiaries generally to refill non-generic prescription maintenance medications through military treatment facility pharmacies or the national mail- order pharmacy program. An interim final rule is in effect. Section 702(c) of the National Defense Authorization Act for Fiscal Year 2015 also terminates the TRICARE For Life Pilot Program on September 30, 2015. The TRICARE For Life Pilot Program described in section 716(f) of the National Defense Authorization Act for Fiscal Year 2013, was a pilot program which began in March 2014 requiring TRICARE For Life beneficiaries to refill non-generic prescription maintenance medications through military treatment facility pharmacies or the national mail-order pharmacy program. TRICARE for Life beneficiaries are those enrolled in the Medicare wraparound coverage option of the TRICARE program. This rule includes procedures to assist beneficiaries in transferring covered prescriptions to the mail order pharmacy program.
DoD Identity Management
This rulemaking establishes implementation guidelines for DS Logon to provide a secure means of authentication to applications containing personally identifiable information (PII) and personal health information (PHI). This will allow beneficiaries and other individuals with a continuing affiliation with DoD to update pay or health-care information in a secure environment. This service can be accessed by active duty, National Guard and Reserve, and Commissioned Corps members of the uniformed services when separating from active duty or from the uniformed service.
Information Collection; Reporting Purchases From Sources Outside the United States
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 currently approved information collection requirement concerning reporting purchases from sources outside the United States.
Threat Reduction Advisory Committee; Notice of Closed Federal Advisory Committee Meeting
The Department of Defense announces the following closed Federal advisory committee meeting of the Threat Reduction Advisory Committee (TRAC).
Withholding of Unclassified Technical Data and Technology From Public Disclosure
This rulemaking establishes policy, assigns responsibilities, and prescribes procedures for the dissemination and withholding of certain unclassified technical data and technology subject to the International Traffic in Arms Regulations (ITAR) and Export Administration Regulations (EAR). It applies to DoD components, their contractors and grantees and is meant to control the transfer of technical data and technology contributing to the military potential of any country or countries, groups, or individuals that could prove detrimental to U.S, national security or critical interests.
Notice of Intent To Grant Exclusive Patent License to RF Networking Solutions, LLC; East Brunswick, NJ
In compliance with 35 U.S.C. 209(e) and 37 CFR 404.7(a)(1)(i), the Department of the Army hereby gives notice of its intent to grant to RF Networking Solutions, LLC; a company having its principle place of business at 4 Huron Court, East Brunswick, NJ 08816, exclusive license in all fields. The proposed license would be relative to the following: U.S. Patent Number 6,844,841 entitled ``Radio Frequency Link Performance Tool Process and System'', Inventor Michael Masciulli, Issue Date January 18, 2005.
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.
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.
Defense Science Board; Notice of Federal Advisory Committee Meetings
The Defense Science Board (DSB) will meet in closed session on Wednesday, November 2, 2016, from 8:00 a.m. to 11:00 a.m. and 1:00 p.m. to 5:00 p.m. and Thursday, November 3, 2016, from 8:30 a.m. to 11:30 a.m. and 12:30 p.m. to 4:00 p.m. in the Nunn-Lugar conference room 3E863 at the Pentagon, Washington, DC.
Notice of Availability of Government-Owned Inventions; Available for Licensing
The inventions listed below are assigned to the United States Government as represented by the Secretary of the Navy and are available for domestic and foreign licensing by the Department of the Navy. The following patents are available for licensing: U.S. Patent No. 8,552,282: Propulsion Defeating System//U.S. Patent No. 8,575,929: Magnetic Anomaly Surveillance System Using Spherical Trilateration// U.S. Patent No. 8,577,648: Simulating Fluid Flow at a Moving Boundary// U.S. Patent No. 8,583,573: Nonparametric Mine Line Detection Using Spatial Analysis//U.S. Patent No. 8,594,457: Correlation Image Detection//U.S. Patent No. 8,616,721: Solar Awning and Method//U.S. Patent No. 8,620,082: Sonar Image Texture Segmentation//U.S. Patent No. 8,639,475: System and Method for Spatially Invariant Signal Detection// U.S. Patent No. 8,714,069: Mine Clearance System and Method//U.S. Patent No. 8,743,654: Reflectivity Maps//U.S. Patent No. 8,777,285: Underwater Cable Capture and Pass Through Device//U.S. Patent No. 8,783,202: Subsurface Oscillating Blade Propellor//U.S. Patent No. 8,794,892: Torque Nut Assembly//U.S. Patent No. 8,823,316: Thermal Effluent to Electric Energy Harvesting System//
Notice of Performance Review Board Membership
Pursuant to 5 U.S.C. 4314(c) (4), the Department of Navy (DON) announces the appointment of members to the DON's numerous Senior Executive Service (SES) Performance Review Boards (PRBs). The purpose of the PRBs is to provide fair and impartial review of the annual SES performance appraisal prepared by the senior executive's immediate and second level supervisor; to make recommendations to appointing officials regarding acceptance or modification of the performance rating; and to make recommendations for performance bonuses and basic pay increases. Composition of the specific PRBs will be determined on an ad hoc basis from among the individuals listed below:
Proposed Collection; Comment Request
In compliance with 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: 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.
Identification (ID) Cards for Members of the Uniformed Services, Their Dependents, and Other Eligible Individuals
This rule amends an interim rule published on January 6, 2014 which provided procedures for DoD ID cards. These cards are issued to uniformed service members, their dependents, and other eligible individuals and are used as proof of identity and DoD affiliation as well as to facilitate the extension of DoD benefits. The previous rule extended benefits to all eligible dependents of Uniformed Service members and eligible DoD civilians. DoD is proposing further amendments to its ID card policy to include ID card eligibility documentation requirements incorporating guidance addressing the modification of gender in a record for transgender retirees and family members who have completed their gender transition. The rule also aligns the CFR to match revised contents of various DoD policy issuances and NIST Federal Information Processing Standards.
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.
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.
Proposed Collection; Comment Request
In compliance with the Paperwork Reduction Act of 1995, the Office of Small Business Programs of Defense Media Activity 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.
Proposed Collection; Comment Request
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: 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.
Army Education Advisory Subcommittee Meeting Notice
The Department of the Army is publishing this notice to announce the following Federal advisory committee meeting of the Defense Language Institute Foreign Language Center Board of Visitors, a subcommittee of the Army Education Advisory Committee. This meeting is open to the public.
Update to the 30 July 2013 Military Freight Traffic Unified Rules Publication (MFTURP) No. 1
The Military Surface Deployment and Distribution Command (SDDC) is providing notice that it is releasing an updated MFTURP No. 1.
Federal Acquisition Regulation; Contractors Performing Private Security Functions; Corrections
DoD, GSA, and NASA are issuing a correction to FAC 2005-91; FAR Case 2014-018; Contractors Performing Private Security Functions; (Item IX), which was published in the Federal Register at 81 FR 67776, on September 30, 2016. This correction corrects paragraph designations.
Intent To Prepare an Environmental Impact Statement for the Jasper Ocean Terminal in Jasper County, South Carolina
The U.S. Army Corps of Engineers (Corps), Charleston District intends to prepare an Environmental Impact Statement (EIS) to assess the potential social, economic, and environmental effects of the proposed construction and operation of a marine container terminal by the Jasper Ocean Terminal (JOT) Joint Venture, a partnership between the Georgia Ports Authority (GPA) and the South Carolina Ports Authority (SCPA). In accordance with the National Environmental Policy Act (NEPA), the Corps is the lead Federal agency responsible for the preparation of the EIS. Information included in the EIS will serve as the basis for the Corps' evaluation of the proposed marine container terminal pursuant to Section 10 of the Rivers and Harbors Act (RHA) and Section 404 of the Clean Water Act (CWA). The EIS will assess the potential effects of the proposed project and a range of reasonable project alternatives on impacts to navigable waters and other waters of the United States. The EIS will also provide information for Federal, State, and local agencies having other jurisdictional responsibility.
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.
Notice of Availability of the Final Environmental Impact Statement for the Lower Yellowstone Intake Diversion Dam Fish Passage Project, Dawson County, Montana
The U.S. Army Corps of Engineers (Corps) and Reclamation, as joint lead agencies, have prepared and made available the Lower Yellowstone Intake Diversion Dam Fish Passage Project Final Environmental Impact Statement (Final EIS). The Final EIS analyzes and discloses potential effects associated with the proposed Federal action to improve passage for endangered pallid sturgeon and other native fish at Intake Diversion Dam in the lower Yellowstone River while continuing the effective and viable operation of the Lower Yellowstone Project.
Defense Federal Acquisition Regulation Supplement: Undefinitized Contract Action Definitization (DFARS Case 2015-D024)
DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to provide a more transparent means of documenting the impact of costs incurred during the undefinitized period of an undefinitized contract action on allowable profit.
Defense Federal Acquisition Regulation Supplement: Display of Hotline Posters (DFARS Case 2016-D018)
This rule amends the Defense Federal Acquisition Regulation Supplement (DFARS) to consolidate the multiple hotline posters into one poster that delineates multiple reportable offenses.
Defense Federal Acquisition Regulation Supplement: Use of the Government Property Clause (DFARS Case 2015-D035)
DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to expand the prescription for use of the Federal Acquisition Regulation (FAR) Government property clause.
Defense Federal Acquisition Regulation Supplement: Network Penetration Reporting and Contracting for Cloud Services (DFARS Case 2013-D018)
DoD is adopting 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 for Fiscal Year 2013 and a section of the National Defense Authorization Act for Fiscal Year 2015, both of which require contractor reporting on network penetrations, as well as DoD policy on the purchase of cloud computing services.
Privacy Act of 1974; System of Records
Pursuant to the Privacy Act of 1974 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 alter a system of records, DAU 06, entitled ``Defense Acquisition University Mailing Lists.'' Data is used by DAU to provide a mailing list for the distribution of the Defense AT&L Magazine and Defense Acquisition Research Journal. 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 system name, system location, category of individuals and records, the authorities, purpose, storage, retrievability, safeguards, retention and disposal, system manager address, notification and record access procedures, and the record source categories.
Privacy Act of 1974; System of Records
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 alter a system of records, DUSDA 14, entitled ``Science, Mathematics, and Research for Transformation Information Management System,'' last published at 74 FR 66959, December 17, 2009. This system of records exists to enable the Science, Mathematics, and Research for Transformation (SMART) program officials to select qualified scholarship applicants and monitor their progress through the program. This update reflects considerable administrative changes that in sum warrant an alteration to the systems of records notice. The categories of records were updated to delineate the information maintained in the records. The purpose was revised to advise individuals that the data may be used for statistical analysis, reporting, research, and evaluation of the program's effectiveness. Additionally, the applicable DoD Routine Uses have been incorporated in the notice to provide clarity for the public. Lastly, the system name, system location, categories of individuals, authorities, storage, retrievability, safeguards, retention and disposal, system manager(s) and address, notification procedures, record access procedures, contesting record procedures, and record source categories have also been updated to ensure the information is accurate and current.
Organizational Charters
This final rule removes Department of Defense (DoD) Subchapter R concerning organizational charters. The rules in this subchapter address DoD organizational processes for Assistant Secretary of Defense for Reserve Affairs (ASD(RA)), Defense Finance and Accounting Service (DFAS), Defense Commissary Agency (DeCA), and Defense Legal Services Agency (DLSA). It has been determined that there is no need to codify the rules in the Code of Federal Regulations (CFR) because these documents will not create a mandate applicable to persons outside of the DoD.
Presentation of DoD-Related Scientific and Technical Papers at Meetings
This final rule removes DoD's regulation concerning the presentation of DoD-related scientific and technical papers at meetings. The codified rule is outdated and no longer accurate or applicable as written. The codified rule contains internal guidance relating to how and when DoD scientific and technical papers in the possession or under the control of DoD can be presented at meetings. The rule does not impose obligations on members of the public. Therefore, 32 CFR part 249 can be removed from the CFR.
Sale or Rental of Sexually Explicit Material on DoD Property
This final rule removes DoD's regulation concerning sale or rental of sexually explicit material on Department of Defense (DoD) property. The codified rule does not impose any duty or obligation on the public that is not already imposed by statute. The rule paraphrases and does not substantially deviate from 10 U.S.C. 2495b, which establishes the prohibition on selling or renting sexually explicit material on DoD property. Also, the codified rule delegates internal authorities and establishes procedures for administering the statute, neither of which have public impact. Consequently, Federal Register rulemaking is not necessary under the Administrative Procedure Act.
Management and Mobilization of Regular and Reserve Retired Military Members
This final rule removes DoD's regulation concerning the management and mobilization of regular and reserve retired military members. This rule does not create the DoD's authority to recall retired members, but it directs how DoD can deploy those members once recalled into active service. Accordingly, the codified rule deals with agency management/personnel, and has been determined to not require rulemaking. Alternatively, this rule is covered by the notice-and- comment exception for military affairs, because the rule governs the uniquely military decision of how best to employ and deploy assets. Therefore, this CFR part can be removed.
Defense Business Board; Notice of Federal Advisory Committee Meeting; Correction
On October 5, 2016 (81 FR 69052-69053), the Department of Defense published a notice announcing a meeting of the Defense Business Board. The Department of Defense announces that the meeting location has changed. All other information in the October 5, 2016 notice remains the same.
Availability of the Fiscal Year 2015 Inventory of Contracted Services
DoD announces the availability of the Inventory of Contracted Services for Fiscal Year 2015 pursuant to section 2330a of title 10, United States Code. The inventory is available to the public.
Information Collection Requirement; Defense Federal Acquisition Regulation Supplement (DFARS); Administrative Matters
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 revision 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 for use through March 31, 2017. DoD proposes that OMB extend its approval for use for three additional years beyond the current expiration date.
Submission for OMB Review; Debarment and Suspension and Other Responsibility Matters
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 debarment and suspension. This request also incorporated two other related information collection requirements (``Information Regarding Responsibility Matters'' and ``Prohibition on Contracting with Inverted Domestic CorporationsRepresentation and Notification''), which will be cancelled upon approval of this clearance. A notice was published in the Federal Register at 81 FR 8719 on February 22, 2016. One comment was received.
Proposed Collection; Comment Request
In compliance with 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: 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.
Proposed Collection; Comment Request
In compliance with the Paperwork Reduction Act of 1995, the USA Installation Management Command (IMCOM) 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.
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.
Proposed Collection; Comment Request
In compliance with the Paperwork Reduction Act of 1995, the Defense Manpower Data Center 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.
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