Department of Defense May 2021 – Federal Register Recent Federal Regulation Documents
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Submission for OMB Review; Comment Request
The DoD 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 DoD 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 the Under Secretary of Defense (Personnel and Readiness) (OUSD (P&R)) 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
Consistent with the Paperwork Reduction Act of 1995 and its implementing regulations, this document provides notice DoD is submitting an Information Collection Request to the Office of Management and Budget (OMB) to collect information necessary for the Office of Local Defense Community Cooperation to make and maintain grants to qualified applicants under the Defense Manufacturing Community Support Program. DoD requests emergency processing and OMB authorization to collect the information after publication of this Notice for a period of six months.
Submission for OMB Review; Comment Request
Consistent with the Paperwork Reduction Act of 1995 and its implementing regulations, this document provides notice DoD is submitting an Information Collection Request to the Office of Management and Budget (OMB) to collect information necessary for the Office of Local Defense Community Cooperation to make and maintain grants to qualified applicants under the Defense Community Infrastructure Program. DoD requests emergency processing and OMB authorization to collect the information after publication of this notice for a period of six months.
Department of Defense Science and Technology Reinvention Laboratory Personnel Demonstration Project
On September 15, 2017, DoD published a Federal Register Notice (FRN) to implement a new workforce-shaping pilot program that provides the science and technology reinvention laboratory (STRL) lab directors the authority to dynamically shape the mix of technical skills and expertise in the workforces of such laboratories to achieve one or more of the objectives in section 1109(a) of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2016. The suite of workforce-shaping tools available to STRL lab directors includes flexible-length and renewable-term technical appointments, modified re- employed annuitant authority, and modified voluntary early retirement and separation incentive authorities. Updates are necessary to clarify that subsequent changes to this authority are applicable. For example, section 1112 of the NDAA for FY 2019 amends this authority to allow flexible-length and renewable-term technical appointments for current DoD term employees. In addition to updating other legislative references, this notice clarifies application of probationary/trial periods and career tenure to flexible-length and renewable-term technical appointments and subsequent conversion to career or career- conditional appointments.
Proposed Collection; Comment Request
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.
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.
Voluntary Education Programs
To ensure equity of student counseling options available to educational institutions, the DoD is amending its Voluntary Education Programs regulation to cite current law and to remove the requirement that an educational institution must have a DoD installation student population of at least 20 military students before it qualifies to be authorized access on a DoD installation that is not overseas.
Submission for OMB Review; Comment Request
Consistent with the Paperwork Reduction Act of 1995 and its implementing regulations, this document provides notice DoD is submitting an Information Collection Request to the Office of Management and Budget (OMB) to collect information on active-duty military members, DoD civilians, and contractors, inform COVID-19 vaccine status and return to in-person work. DoD requests emergency processing and OMB authorization to collect the information.
Privacy Act of 1974; System of Records
In accordance with the Privacy Act of 1974, the DoD is establishing a new system of records covering all DoD components titled, ``Military Justice and Civilian Criminal Case Records,'' DoD 0006. This system of records describes DoD's collection, use, and maintenance of records for the administration of the Uniform Code of Military Justice (UCMJ) and disciplinary cases under the authority of the DoD. These records include legal information and filings used to facilitate public access to the Department's court docket. This system of records also includes records created when DoD legal practitioners in support of the U.S. Department of Justice, prosecute in U.S. District Courts crimes that occurred on military installations or property. This system of records will apply enterprise-wide for the furtherance of good order and discipline. Individuals covered by this system of records includes armed forces members and others as identified in Article 2 of the UCMJ, as well as civilians who are alleged to have engaged in criminal acts on DoD installations and properties. Additionally, the DoD is issuing a Notice of Proposed Rulemaking, which proposes to exempt this system of records from certain provisions of the Privacy Act, elsewhere in today's issue of the Federal Register.
Privacy Act of 1974; Implementation
The Department of Defense (Department or DoD) is giving concurrent notice of a new Department-wide system of records pursuant to the Privacy Act of 1974 for the DoD 0006, ``Military Justice and Civilian Criminal Case Records'' system of records and this proposed rulemaking. In this proposed rulemaking, the Department proposes to exempt portions of this system of records from certain provisions of the Privacy Act because of national security and law enforcement requirements.
Private Security Contractors (PSCs) Operating in Contingency Operations, Humanitarian or Peace Operations, or Other Military Operations or Exercises
The DoD is proposing updates to this part to incorporate changes from the National Defense Authorization Act (NDAA) that were not available when the rule was last published on August 11, 2011. These proposed changes include administrative updates and clarifications to PSCs performing duties while under contract to DoD in support of a contingency operations, humanitarian or peace operations, or other military operations or exercises.
Intent To Prepare an Environmental Impact Statement for the Lake Okeechobee System Operating Manual (LOSOM), Glades, Martin, Palm Beach, Hendry, Lee, St. Lucie and Okeechobee Counties, Florida. Effects May Extend to Broward, Miami-Dade, Monroe, and Collier Counties, Florida
Pursuant to the requirements of the National Environmental Policy Act (NEPA) of 1969, as implemented by the Council on Environmental Quality regulations, the U.S. Army Corps of Engineers, Jacksonville District (Corps) is beginning preparation of an Environmental Impact Statement (EIS) for the Lake Okeechobee System Operating Manual (LOSOM).
Draft Legislative Environmental Impact Statement for Training and Public Land Withdrawal Extension, Fort Irwin, California
The Department of the Army announces the availability of the Draft Environmental Impact Statement (EIS) for Training and Public Land Withdrawal Extension, Fort Irwin, California. In accordance with the National Environmental Policy Act (NEPA), the Draft EIS analyzes the potential environmental effects resulting from modernization of training activities and improvement of training facilities at the National Training Center (NTC) at Fort Irwin, California. The Army is also issuing this notice to inform the public that the EIS will serve as a Legislative Environmental Impact Statement (LEIS) to support the extension of the public land withdrawal for portions of Fort Irwin.
Reissuance and Modification of Nationwide Permits; Correction
The U.S. Army Corps of Engineers published a document in the Federal Register of January 13, 2021, a final rule concerning the reissuance and modification of nationwide permits. This document contains a correction to the rule.
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.
Defense Federal Acquisition Regulation Supplement: Authorities for Minimizing the Use of Materials Containing Hexavalent Chromium (DFARS Case 2020-D031)
DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to remove references to revoked Executive orders related to minimizing the use of materials containing hexavalent chromium.
Defense Federal Acquisition Regulation Supplement: Past Performance of Subcontractors and Joint Venture Partners (DFARS Case 2018-D055)
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 2019 that establishes a requirement for use of the best available information regarding past performance of subcontractors and joint venture partners when awarding DoD contracts for construction and architect-engineer services.
Defense Federal Acquisition Regulation Supplement: Postaward Debriefings (DFARS Case 2018-D009)
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 2018 that provides enhanced postaward debriefing rights under negotiated contracts, task orders, and delivery orders.
Defense Federal Acquisition Regulation Supplement: Expediting Contract Closeout (DFARS Case 2017-D042)
DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to permit expedited contract closeout through a waiver by the contractor and the Government of entitlement to any residual dollar amounts that are due to either party at the time of contract closeout. The changes are necessary to establish an expedited contract closeout agreement that will save administrative costs for both the contractor and the Government.
Programmatic Environmental Assessment for the Fielding of the Maneuver-Short Range Air Defense Capability
The Department of the Army (Army) announces the availability of the Programmatic Environmental Assessment (PEA), the Draft Finding of No Significant Impact (FONSI), and the Draft Finding of No Practicable Alternative (FONPA) for the proposed fielding of the ManeuverShort Range Air Defense (M-SHORAD) battalion. In accordance with the National Environmental Policy Act (NEPA), the PEA analyzes the potential environmental and socioeconomic impacts, associated with construction, live-fire and maneuver training, and increased number of soldiers required to field the M-SHORAD battalion. The Proposed Action would address efforts to improve the protection of tactical maneuver forces from current and future aerial threats.
Submission for OMB Review; Comment Request
The DoD 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 DoD 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 DoD 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 Pentagon Force Protection 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.
Proposed Collection; Comment Request
In compliance with the Paperwork Reduction Act of 1995, the Defense Counterintelligence and Security 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.
Proposed Collection; Comment Request
In compliance with the Paperwork Reduction Act of 1995, the Office of the Chief of Staff of the Army 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 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.
Privacy Act of 1974; Implementation
The Office of the Secretary of Defense is finalizing the rule to exempt from the Privacy Act some records maintained in the DoD Defense Manpower Data Center system of records titled ``Synchronized Predeployment and Operational Tracker Enterprise Suite (SPOT-ES) Records,'' A system of records notice for this system has been published in the Federal Register.
Release of Official Information in Litigation and Presentation of Witness Testimony by DoD Personnel (Touhy Regulation)
Commonly known as the Touhy regulation, this rule prescribes the requirements for submitting subpoenas and litigation requests to the Department as well as the procedures that its personnel will follow to respond. The Department proposes to amend and consolidate component- level requirements and procedures into a single Department-level Touhy rule.
Notice of Virtual Public Meetings for the Draft Environmental Impact Statement for the Navy Old Town Campus Revitalization
Pursuant to the National Environmental Policy Act of 1969, as implemented by the Council on Environmental Quality, the Department of the Navy (DON) has prepared and filed with the United States Environmental Protection Agency a Draft Environmental Impact Statement (EIS) for the Navy Old Town Campus (OTC) Revitalization. The Draft EIS evaluates the potential environmental effects associated with modernization of OTC to support Naval Information Warfare Systems Command's (NAVWAR) current and future operational readiness. This notice announces the public review and comment period, dates of virtual meetings, and includes information on how the public may review and comment on the Draft EIS. Additionally, the public can submit comments on the project's potential to affect historic properties pursuant to Section 106 of the National Historic Preservation Act.
Information Collection Requirement; Defense Federal Acquisition Regulation Supplement; Administrative and Information Matters
In compliance with the Paperwork Reduction Act of 1995, DoD announces the proposed extension of a public information collection requirement and seeks public comment on the provisions thereof. DoD invites comments on: 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; the accuracy of the 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. The Office of Management and Budget (OMB) has approved this information collection requirement for use through September 30, 2021. DoD proposes that OMB extend its approval for three additional years.
Proposed Collection; Comment Request
In compliance with the Paperwork Reduction Act of 1995, the Defense Counterintelligence and Security 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.
Proposed Collection; Comment Request
In compliance with the Paperwork Reduction Act of 1995, the Defense Forensics and Biometrics 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.
Submission for OMB Review; Comment Request
Consistent with the Paperwork Reduction Act of 1995 and its implementing regulations, this document provides notice DoD is submitting an Information Collection Request to the Office of Management and Budget (OMB) to collect information on active duty military members, DoD civilians, and contractors, inform COVID-19 vaccine status and return to in-person work. DoD requests emergency processing and OMB authorization to collect the information.
Notice of Availability of the Final Environmental Impact Statement for the Long Range Discrimination Radar Operations at Clear Air Force Station, Alaska
The Missile Defense Agency (MDA), as the lead agency, announces the availability of the Final Environmental Impact Statement (EIS) for the Long Range Discrimination Radar (LRDR) located at Clear Air Force Station (CAFS), Alaska. The Federal Aviation Administration (FAA) and the Department of the Air Force (DAF) are cooperating agencies to this Final EIS.
Information Collection Requirement; Defense Federal Acquisition Regulation Supplement; Information Collection in Support of the DoD Acquisition Process (Various Miscellaneous Requirements)
In compliance with the Paperwork Reduction Act of 1995, DoD announces the proposed revision and extension of a public information collection requirement and seeks public comment on the provisions thereof. DoD invites comments on: 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; the accuracy of the 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. The Office of Management and Budget (OMB) has approved this information collection for use through August 31, 2021. DoD proposes that OMB extend its approval for use for three additional years beyond the current expiration date.
Privacy Act of 1974; System of Records
In accordance with the Privacy Act of 1974, the DoD is modifying and reissuing a current system of records titled, ``DoD Media Pool and Pentagon Correspondent Files,'' DPAD 12.0. This system of records was originally established by the Office of the Assistant Secretary of Defense (Public Affairs) to collect and maintain records on news media representatives nominated by their respective bureaus to be members of the DoD Media Pool and Pentagon correspondents who may conduct interviews with Pentagon executive-level personnel. This system of records notice (SORN) is being updated to incorporate the DoD standard routine uses and support additional information sharing of these records outside of the DoD. The routine uses are proposed to be updated to allow for disclosure to the Department of State to issue passports/visas to these individuals, and to foreign embassies to obtain a foreign entry visa for these individuals. The DoD is also modifying various other sections within the SORN to improve clarity or update information that has changed.
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