Department of Defense May 2019 – Federal Register Recent Federal Regulation Documents

The Department of Defense (DoD) is publishing this notice to announce that the following Federal Advisory Committee meeting of the Board of Visitors, National Defense University will take place.

DoD, GSA and NASA are proposing to amend the Federal Acquisition Regulation (FAR) to implement a section of the National Defense Authorization Act for Fiscal Year 2018 to revise the definition of a ``commercial item.''

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 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 (USU) will take place.

On April 19, 2019, the United States Air Force signed an Addendum to the 26 June 2014 Record of Decision for the Final F-35 Beddown Supplemental Environmental Impact Statement (SEIS). This Addendum to the 26 June 2014 Record of Decision (AROD) documents the Air Force's decision regarding temporarily shifting the primary runway to Runway 01/19 (RW 01/19) and allowing short-term increases in previously limited operations for construction-related closure of Runway 12/30 (RW 12/30).

This document is issued under the joint authority of DoD, GSA, and NASA. This Small Entity Compliance Guide has been prepared in accordance with section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996. It consists of a summary of the rules appearing in Federal Acquisition Circular (FAC) 2019-02, which amends the Federal Acquisition Regulation (FAR). An asterisk (*) next to a rule indicates that a regulatory flexibility analysis has been prepared. Interested parties may obtain further information regarding these rules by referring to FAC 2019-02, which precedes this document. These documents are also available via the internet at https:// www.regulations.gov.

DoD, GSA and NASA are issuing a final rule amending the Federal Acquisition Regulation (FAR) to implement a section of the John S. McCain National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2019 that removes the requirement to make a best procurement approach determination to use an interagency acquisition.

DoD, GSA, and NASA are issuing a final rule amending the Federal Acquisition Regulation (FAR) to implement sections of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2017 to expand special emergency procurement authorities for acquisitions of supplies or services that facilitate defense against or recovery from cyber attack, provide international disaster assistance under the Foreign Assistance Act of 1961, or support response to an emergency or major disaster under the Robert T. Stafford Disaster Relief and Emergency Assistance Act.

The U.S. Army Corps of Engineers (Corps) is issuing this final rule to adjust its civil monetary penalties (CMP) under the Clean Water Act (CWA) and the National Fishing Enhancement Act to account for inflation.

Army National Military Cemeteries (ANMC) is honoring the requests of six families to disinter the human remains of six Native American students from the Carlisle Barracks Post Cemetery, Carlisle, Pennsylvania. The decedent names are Ophelia Powless (aka Ophelia Powias), Sophia Caulon (aka Sophy Coulon), Jamima Metoxen (aka Jemima Meloxen), Henry Jones, Alice Springer, and Adam McCarty (aka Adam McCarthy). These students died in the 1880s and 1890s while attending the Carlisle Indian Industrial School. At the request of the closest living relative for each decedent, ANMC will disinter, transfer custody, transport, and reinter the remains in private cemeteries chosen by the families. This disinterment will be conducted in accordance with Army Regulation 210-190. This is not a Native American Graves Protection and Repatriation Act (NAGPRA) action because the remains are not part of a collection as they are interred in graves that are individually marked at the Carlisle Barracks Post Cemetery.

In compliance with the Paperwork Reduction Act of 1995, the Office of the Under Secretary of Defense for Personnel and Readiness 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 proposed rule would implement authority provided to the Secretary of Defense under the Social Security Act. This authority allows the Secretary of Defense as the administrator of a Federal healthcare program to impose civil monetary penalties (CMPs or penalties) as described in section 1128A of the Social Security Act against providers and suppliers who commit fraud and abuse in the TRICARE program. This proposed rule establishes a program within the DoD to impose civil monetary penalties for certain such unlawful conduct in the TRICARE program. To the extent applicable, we are proposing to adopt the Department of Health and Human Service's (HHS's), well-established CMP rules and procedures. This will enable both TRICARE and TRICARE providers to rely upon Medicare precedents and guidance issued by the HHS Office of Inspector General regarding conduct that implicates the civil monetary penalty law. The program to impose civil monetary penalties in the TRICARE program shall be called the Military Health Care Fraud and Abuse Prevention Program.