Department of Defense April 2018 – Federal Register Recent Federal Regulation Documents

The U.S. Army Corps of Engineers (USACE), Mobile District, intends to prepare a Supplemental Environmental Impact Statement (SEIS) to evaluate potential changes to the Water Control Manuals (WCMs) for three reservoirs in the Alabama-Coosa-Tallapoosa (ACT) River Basin and to the Master WCM for the ACT River Basin. The USACE intends to conduct a water supply storage reallocation study to evaluate a March 30, 2018 request by Georgia and Cobb County-Marietta Water Authority (CCMWA) for increased water supply usage at Allatoona Lake and changed storage accounting methodology. The Draft SEIS will be prepared as an integrated document with the reallocation study. The reallocation study with the integrated Draft SEIS will address the water supply storage request and updated operating criteria and guidelines for managing the water storage and release actions of Federal water managers and will evaluate the associated environmental impacts of the proposed federal action, pursuant to the National Environmental Policy Act (NEPA). The USACE also intends to update the WCMs for the Alabama Power Company's Weiss and Logan Martin Reservoirs in the ACT River Basin.

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.

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.

The Department of the Army hereby gives notice of its intent to grant to 4D Tech Solutions, Inc.; a corporation having its principle place of business at 1275 Stewartstown Road, Morgantown, WV 26505, an exclusive license.

In accordance with the Paperwork Reduction Act of 1995 and the Office of Management and Budget (OMB) regulations, the FAR Council invites the public to comment upon a renewal for the Standard Form (SF) 1443, Contractor's Request for Progress Payment, and the Federal Acquisition Regulation (FAR) 52.232-16, Progress Payments. There are no changes to the existing information collection.

The DoD is publishing this notice to announce that the following Federal Advisory Committee meeting of the Board of Regents, Uniformed Services University of the Health Sciences will take place.

This final rule removes DoD's regulation concerning the National Security Agency/Central Security Service (NSA/CSS) Freedom of Information Act program. On February 6, 2018, the DoD published a revised FOIA program rule as a result of the FOIA Improvement Act of 2016. When the DoD FOIA program rule was revised, it included DoD component information and removed the requirement for component supplementary rules. The DoD now has one DoD-level rule for the FOIA program at 32 CFR part 286 that contains all the codified information required for the Department. Therefore, this part can be removed from the CFR.

This final rule removes DoD's regulation concerning the National Reconnaissance Office (NRO) Freedom of Information Act Program Regulation. On February 6, 2018, the DoD published a revised FOIA program rule as a result of the FOIA Improvement Act of 2016. When the DoD FOIA program rule was revised, it included DoD component information and removed the requirement for component supplementary rules. The DoD now has one DoD-level rule for the FOIA program at 32 CFR part 286 that contains all the codified information required for the Department. Therefore, this part can be removed from the CFR.

This final rule removes DoD's regulation concerning the Defense Intelligence Agency (DIA) Freedom of Information Act program. On February 6, 2018, the DoD published a revised FOIA program rule as a result of the FOIA Improvement Act of 2016. When the DoD FOIA program rule was revised, it included DoD component information and removed the requirement for component supplementary rules. The DoD now has one DoD- level rule for the FOIA program at 32 CFR part 286 that contains all the codified information required for the Department. Therefore, this part can be removed from the CFR.

This final rule removes one of the Department's two DoD-level regulations concerning the implementation of and assignment of responsibilities for the DoD Freedom of Information Act (FOIA) program. Any content required to be in an agency's FOIA rule from this part was incorporated into the Department's other DoD-level regulation concerning the DoD FOIA program, which was recently revised and for which a final rule published on February 6, 2018. Therefore, this part can now be removed from the CFR. Additionally, the revised DoD-level FOIA rule now includes DoD component FOIA program information, which eliminated the requirement for component supplementary rules. Accordingly, all of the department's necessary FOIA public guidance has been incorporated into a single part.

The Defense Acquisition Regulations System has submitted to OMB for clearance, the following proposal for collection of information under the provisions of the Paperwork Reduction Act.

The Office of the Secretary of Defense (OSD) proposes to modify a system of records notice entitled GlobalNET Outreach and Collaboration Platform, DSCA 02. This system is a web based technology solution that provides the Regional Center for Security Studies and Defense Security Cooperation Agency (DSCA) with a procedure to improve international outreach efforts as well as foster collaboration among their faculty, current and former students, OSD, and other designated Department of Defense (DoD) educational institutions and communities. The GlobalNET platform provides a collaborative social networking environment/capability for students, alumni, faculty, partners, and other community members.

In a final rule published on January 19, 2017, federal departments and agencies made revisions to the Federal Policy for the Protection of Human Subjects (hereafter the ``2018 Requirements''). The Consumer Product Safety Commission (CPSC) adopted the same regulatory changes in a separate final rule published on September 18, 2017. The 2018 Requirements were scheduled to become effective on January 19, 2018, with a general compliance date of January 19, 2018 (with the exception of the revisions to the cooperative research provision). The departments and agencies listed in this document have also published an interim final rule delaying the effective date and general compliance date for the 2018 Requirements for six months, to cover the time period of January 19, 2018 until July 19, 2018. As per the interim final rule, the effective date of the 2018 Requirements is now July 19, 2018. The departments and agencies listed in this document propose delaying the general compliance date for the 2018 Requirements for an additional six months, for the time period of July 19, 2018 until January 21, 2019. This proposed rule is intended to provide additional time to regulated entities for the preparations necessary to implement the 2018 Requirements. This proposed rule, if finalized, would require regulated entities to continue to comply with the requirements of the current Federal Policy for the Protection of Human Subjects (hereafter the ``pre-2018 Requirements'') until January 21, 2019. This proposal also takes comment on whether to permit institutions to implement, for certain research studies, the following provisions in the 2018 Requirements during the period from July 19, 2018, until January 21, 2019, that the general compliance date is delayed. Those three provisions, intended to reduce burdens on regulated entities, are the 2018 Requirements' definition of ``research,'' which deems certain activities not to be research, the allowance for no annual continuing review of certain categories of research, and the elimination of the requirement that institutional review boards (IRBs) review grant applications related to the research. The way that this option is proposed, regulated entities would be required to comply with all pre- 2018 Requirements during the period that the general compliance date is delayed, except for provisions substituted by the three burden-reducing provisions of the 2018 Requirements. As described in section III, below, this flexibility is proposed only for studies for which an institution makes a choice to transition to comply with the 2018 Requirements, beginning on July 19, 2018. In order to clearly describe this proposed flexibility, including how it would impact institutions choosing to transition research to comply with the 2018 Requirements, this document proposes a redrafted transition provision.

The Department of Defense is publishing the unclassified text of an arms sales notification.

The Department of the Army (Army) announces its intent to conduct public scoping under the National Environmental Policy Act (NEPA) and solicit public comments to gather information to prepare an Environmental Impact Statement (EIS) for a proposed Area Development Plan (ADP) for Davison Army Airfield (DAAF), U.S. Army Garrison Fort Belvoir (Fort Belvoir), Virginia. The EIS will analyze the potential environmental impacts that would result from implementing the projects identified in the ADP (Proposed Action). The Proposed Action consists of multiple new construction, replacement, demolition, and renovation projects at DAAF. The Proposed Action does not include, nor would it require, substantial changes in missions, air operations, or the number of aircraft or personnel. The scoping process will help identify reasonable alternatives, potential environmental impacts, and key issues of concern to be analyzed in the EIS. The Army intends to comply with the requirements of Section 106 of the National Historic Preservation Act in parallel with this NEPA process, and invites federally recognized tribes and the State Historic Preservation Office to participate in the consultation process.

The United States Air Force (USAF) is issuing this notice to advise the public of the intent to prepare a Supplemental Environmental Impact Statement (SEIS) for the proposed Tinian Divert Infrastructure Improvements. The SEIS will assess the potential environmental consequences of the construction of a fuel pipeline and associated support facilities, and improvements to existing roadways, on the island of Tinian in the Commonwealth of the Northern Mariana Islands (CNMI).

The Department of Defense is publishing the unclassified text of an arms sales notification.

The Department of Defense is publishing the unclassified text of an arms sales notification.

In compliance with the Paperwork Reduction Act of 1995, the White House Communications Agency 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.

This notice announces proposed changes to the Joint Rules of Appellate Procedure for Courts of Criminal Appeals (JRAP), which prescribe uniform procedures for the service Courts of Criminal Appeals. Although these rules of practice and procedure fall within the Administrative Procedure Act's exemptions for notice and comment, the Department, as a matter of policy, has decided to make these changes available for public review and comment before they are implemented. The proposed changes implement the Military Justice Act of 2016 of the National Defense Authorization Act of 2017 and the 2018 Amendments to the Manual for Courts-Martial, United States. The approval authorities for these changes are the Judge Advocates General of the Army, Navy, Air Force, and Coast Guard.

The South Florida Water Management District (SFWMD) has prepared a feasibility study and draft environmental documentation pursuant to section 203 of WRDA 1986, as amended, and on March 26, 2018 submitted that study to the Assistant Secretary of the Army for Civil Works (ASA(CW)) for review for the purpose of determining whether the study, and the process under which the study was developed, comply with Federal laws and regulations applicable to feasibility studies of water resources development projects. This notice advises the public that the U.S. Army Corps of Engineers (Corps), at the direction of the ASA(CW), intends to prepare a Draft Environmental Impact Statement (DEIS) to support the ASA(CW) review of SFWMD's study, a review which is to culminate in a report to Congressional Committees. SFWMD has described the purpose of the project that is the subject of the feasibility study as increasing the amount of water storage, treatment and conveyance in the Central Everglades Planning Project (CEPP) New Water project feature. The alternatives SFWMD identified and evaluated for its consideration are contained in Sections 3.0 and 4.0 of Volume 1 (Main Report) of SFWMD's Central Everglades Planning Project Post Authorization Change Report Feasibility Study, available on the SFWMD website: https://www.sfwmd.gov/our-work/cerp-project-planning/eaa- reservoir.

Due to circumstances beyond the control of the Department of Defense (DoD) and the Designated Federal Officer, the Board of Visitors of the U.S. Air Force Academy was unable to provide public notification concerning the meeting on Wednesday, April 25, 2018, of the Board of Visitors of the U.S. Air Force Academy. Accordingly, the Advisory Committee Management Officer for the Department of Defense, waives the 15-calendar day notification requirement. The U.S. Air Force Academy (USAFA) Board of Visitors (BoV) will hold a meeting at the United States Air Force Academy Eisenhower Golf Course, Building 3162, Colorado Springs, CO, on Wednesday, 25 April 2018. The open portion of the meeting is scheduled for 8:30 a.m.-2:00 p.m. (Mountain Time) and the closed portion of the meeting is scheduled for 2:00 p.m.-4:30 p.m.; the public audience will be dismissed at 2:00 p.m. The purpose of this meeting is to review morale and discipline, social climate, athletics, diversity, curriculum and other matters relating to the Academy; these topics will fall under a Superintendent's update, a Commandant's update and a Dean's update. One session of this meeting shall be closed to the public.

The U.S. Naval Academy Board of Visitors will meet to make such inquiry, as the Board shall deem necessary, into the state of morale and discipline, the curriculum, instruction, physical equipment, fiscal affairs, and academic methods of the Naval Academy.

DoD is issuing a final rule to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to relocate the definition of information technology within the DFARS.

DoD is issuing a final rule to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to remove outdated coverage of consolidation of contract requirements.