Navy Department – Federal Register Recent Federal Regulation Documents

The Department of the Navy proposes to add a new system of records to its inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended.

Pursuant to Section (102)(2)(c) of the National Environmental Policy Act (NEPA) of 1969, as implemented by the Council on Environmental Quality Regulations (40 CFR parts 1500-1508), and Executive Order 12114, the Department of Navy (Navy) announces its intent to prepare an Environmental Impact Statement (EIS)/Overseas EIS to evaluate the potential environmental consequences associated with naval training operations in the Navy Cherry Point (CP) Range Complex. The Navy proposes to support current and emerging training and research, development, test, and evaluation (RDT&E) operations in the Navy CP Range Complex by: (1) Maintaining baseline operations at current levels; (2) increasing training operations from current levels as necessary to support the Fleet Readiness Training Plan (FRTP); (3) accommodating mission requirements associated with force structure change; and (4) implementing enhanced range complex capabilities. The EIS/OEIS study area is the Navy CP Range Complex which consists of surface and subsurface operating areas (OPAREAs), special use airspace (SUA), and instrumented ranges. The Navy CP Range Complex encompasses: 18,617 nm2 of offshore surface and subsurface OPAREA; 12,529 nm2 of deep ocean area greater than 100 fathoms (600 feet); and 18,966 nm2 of SUA (warning area). No land ranges or facilities are included within the study area for this EIS/OEIS. The focus of the EIS/OEIS is the exercises and other actions in the ocean environment. Issues associated with land-based ranges will be assessed separately by the U.S. Marine Corps. The scope of actions to be analyzed in this EIS/OEIS includes current and proposed future Navy training and RDT&E within Navy- controlled operating areas, airspace, and instrumented ranges. It also includes proposed Navy-funded range capabilities enhancements, including infrastructure improvements, which support range complex training and RDT&E. Activities that involve the use of active sonar are conducted in the Navy CP Complex; however, those potential effects are being analyzed in detail in a separate document, the Atlantic Fleet Active Sonar Training EIS/OEIS. That separate sonar EIS/OEIS addresses active sonar use as a whole by the Atlantic Fleet in the eastern Atlantic Ocean (including waters that are part of the Navy CP Complex), and in the Gulf of Mexico. The results of that sonar EIS/OEIS will be incorporated into the Navy CP Range Complex EIS/OEIS to account for active sonar effects that could occur within the geographic area of the Navy CP Range Complex. Dates and Addresses: Two public scoping meetings will be held, one in Morehead City, North Carolina and one in Wilmington, North Carolina, to receive oral and written comments on environmental concerns that should be addressed in the Navy CP Range Complex EIS/OEIS. Public scoping meetings will be held at the following dates, times, and locations: May 16, 2007, from 5 p.m. to 8 p.m. at West Carteret High School, 4700 Country Club Road, Morehead City, North Carolina, and May 17, 2007, from 5 p.m. to 8 p.m. at New Hanover High School, 1307 Market Street, Wilmington, North Carolina.

The Department of the Navy is altering a system of records notice in its existing inventory of record systems subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended.

The Department of the Navy is altering a system of records notice in its existing inventory of record systems subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended.

Pursuant to Section 102(2)(C) of the National Environmental Policy Act (NEPA) of 1969 [42 U.S.C. sections 4321-4345] and its implementing regulations (40 CFR parts 1500-1508), the Department of the Navy prepared and filed with the U.S. Environmental Protection Agency (EPA) the Draft SEIS on February 16, 2007. A notice of public hearing dates and locations was published in the Federal Register, 72 FR 8151, on February 23, 2007, and a Notice of Availability of the Draft SEIS was published in the Federal Register, 72 FR 8155, on February 23, 2007. On March 19, 2007, the Secretary of the Navy was requested to hold an additional public hearing in the City of Charlotte, North Carolina.

The Department of the Navy (DON), after consultation with the Attorney General as required by 5 U.S.C. 575(c), has adopted a policy that authorizes contracting officers to use binding arbitration procedures for issues in controversy arising under procurement contracts using appropriated and non-appropriated funds.

The purpose of the meeting is to elicit the advice of the board on the Naval Service's Postgraduate Education Program and the collaborative exchange and partnership between NPS and the Air Force Institute of Technology. The board examines the effectiveness with which the NPS is accomplishing its mission. To this end, the board will inquire into the curricula, instruction, physical equipment, administration, state of morale of the student body, faculty, and staff, fiscal affairs, and any other matters relating to the operation of the NPS as the board considers pertinent. This meeting will be open to the public.

The Department of the Navy 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 (Admiralty and Maritime Law) has determined that USS MESA VERDE (LPD 19) 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.

The Department of the Navy is amending a system of records notice in its existing inventory of record systems subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended.

Pursuant to section 102(2)(C) of the National Environmental Policy of 1969, as implemented by the Council on Environmental Quality Regulations (40 CFR Parts 1500-1508), and Executive Order 12114, the Department of the Navy (DON) announces its intent to prepare an EIS/ OEIS to evaluate the potential environmental effects associated with relocating Command, Air, Ground, and Logistics units (which includes approximately 8,000 service members and 9,000 family members) from Okinawa, Japan to Guam. The EIS/OEIS will examine potential impacts from activities associated with the Marine Corps units' relocation to include operations, training, and infrastructure changes. DON also proposes to enhance the infrastructure, logistic capabilities, and improve pier/waterfront facilities to support transient CVN berthing at Naval Base Guam. The EIS/OEIS will examine potential impacts of the waterfront improvements associated with the proposed transient berthing. Finally, the proposed action will evaluate placing a BMD task force (approximately 630 service members and 950 family members) in Guam. The EIS/OEIS will examine potential impacts from activities associated with the task force to include operations, training, and infrastructure changes. The purpose and need of the proposed action is to fulfill U.S. government national security and alliance requirements in the Western Pacific Region. Guam's location as the westernmost part of the United States is critical to national security. The Department of Defense (DoD) national security strategy would increase the role of Guam and the Commonwealth of the Northern Mariana Islands (CNMI) through the relocation of Marines to Guam, increased presence of a transient CVN, and enhanced capability to defend critical military assets. Mission critical, mission support, and community support infrastructure improvements are needed to ensure that Navy Region Marianas can provide expanded direct support of the DoD strategic mission and operational readiness in the Western Pacific Region. Infrastructure improvements would need to provide: Military training, subsequent garrison, operations, and infrastructure to support the U.S. Marines relocation to Guam. Port infrastructure for support to the transient presence of a CVN within Apra Harbor. Infrastructure to support the BMD task force, which can intercept missiles with potential to impact the critical military assets. The EIS/OEIS will consider reasonable alternatives for siting operational, training, and support facilities on Guam, in addition to the no-action alternative. The DON Joint Guam Program Office (JGPO) will seek the input of the public on siting alternatives during the scoping meetings described below. Seven Federal agencies will be invited to be cooperating agencies: National Oceanographic and Atmospheric Administration; National Marine Fisheries; U.S. Fish and Wildlife Service; U.S. Department of Agriculture, Wildlife Services; Department of Transportation Federal Highway Administration; Federal Aviation Administration; and the National Park Service.

This notice provides information on the surplus property at Naval Weapons Station Seal Beach Detachment, Concord, CA.

The Department of the Navy (DON) has prepared and filed with the U.S. Environmental Protection Agency (EPA) a DSEIS to provide additional analysis of the potential environmental consequences associated with the construction and operation of an Outlying Landing Field (OLF) to support Field Carrier Landing Practice (FCLP) operations of F/A-18 E/F (Super Hornet) squadrons stationed at Naval Air Station (NAS) Oceana, VA and Marine Corps Air Station (MCAS) Cherry Point, NC. The analysis supplements the evaluation presented in the Final Environmental Impact Statement (Final EIS) for the Introduction of F/A- 18 E/F (Super Hornet) Aircraft to the East Coast of the United States, which was released to the public in July 2003, and is not to be considered independent of the Final EIS. Public hearings will be held to provide information and receive oral and written comments on the DSEIS. Federal, state, and local agencies, and interested individuals are invited to be present or represented at hearings.

In compliance with Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Naval Sea Systems Command announces a proposed extension of a previously approved 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.

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. The meeting will include discussions of personnel issues at the Naval Academy, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. The executive session of this meeting will be closed to the public.

The Ocean Research and Resources Advisory Panel (ORRAP) will meet to discuss National Ocean Research Leadership Council (NORLC) and Interagency Committee on Ocean Science and Resource Management Integration (ICOSRMI) activities. All sessions of the meeting will remain open to the public.

The Department of the Navy hereby gives notice of its intent to grant to Ionova Technologies, Inc., a revocable, non-assignable, exclusive license in the field of electrode structures consisting of metal oxide coatings on porous carbon substrates for electrochemical capacitor devices in the United States and certain foreign countries, the Government-owned invention described in Navy Case No. 98,287: ELECTROLESS DEPOSITION OF NANOSCALE MANGANESE OXIDE ON ULTRAPOROUS CARBON NANOARCHITECTURES FOR ELECTROCHEMICAL CAPACITOR APPLICATIONS, and any continuations, divisionals, or re-issues thereof.

The Chief of Naval Education and Training announces a proposed extension of a previously approved 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.

The Department of the Navy is altering systems of records notices in its existing inventory of record systems subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended.

The Department of the Navy (DON) hereby gives notice of the availability for donation, under the authority of 10 U.S.C. Sect. 7306, of the diesel-powered submarine ex-DOLPHIN (AGSS-555), for use as a static museum/memorial for public display. The ex-DOLPHIN was decommissioned and struck from the Naval Vessel Register on January 15, 2007, and is located in San Diego, CA, its historic homeport. It is in the best interest of the Government to limit consideration of potential donees to entities that will provide permanent berthing in San Diego for public display of ex-DOLPHIN, thus recognizing the submarine's service in its historic homeport, while avoiding the DON's need to move the vessel to another location pending completion of the donation process. Eligible recipients include: (1) Any State, Commonwealth, or possession of the United States, or any municipal corporation or political subdivision thereof; (2) the District of Columbia; or (3) any organization incorporated as a non-profit entity under section 501 of the Internal Revenue Code that will provide permanent berthing and display the vessel in San Diego. The transfer of a vessel for donation under 10 U.S.C. Sect. 7306 shall be made at no cost to the United States Government. The donee will be required to maintain the vessel as a static display in a condition that is satisfactory to the Secretary of the Navy. A letter of intent will be required within 30 days from the date of this notice and all donation applications must be received within six months from the date of this notice. The DON will foreclose consideration of donation of ex-DOLPHIN to any entity that does not submit a letter of intent to the DON within 30 days of the date of this notice. Prospective donees must submit a letter of intent to the Navy Inactive Ships Program office within 30 days of this Federal Register notice. The letter of intent must: a. Identify the specific vessel sought for donation; b. Include a statement of the proposed use for the vessel; c. Identify the proposed permanent berthing location; d. If the applicant is not a State, commonwealth, or possession of the United States, or a political subdivision or municipal corporation thereof, or the District of Columbia, it must provide a copy of a determination letter by the Internal Revenue Service that the applicant is exempt from tax under the Internal Revenue Code, or submit evidence that the applicant has filed the appropriate documentation in order to obtain tax exempt status; e. If the applicant asserts that it is a corporation or association whose charter or articles of agreement denies it the right to operate for profit, it must provide a properly authenticated copy of the charter, certificate of incorporation, and a copy of the organization's by-laws; f. Provide a notarized copy of the resolution or other action of the applicant's governing board authorizing the person signing the application to represent the organization and to sign on its behalf for the purpose of obtaining a vessel; and g. Provide written affirmation that the prospective donee can submit a complete ship donation application to the DON, compliant with the DON application requirements, within six months of this Federal Register notice. Upon receipt of the letter of intent, the DON will contact the prospective donee(s) to ensure a full understanding of the application requirements, which are located at https://www.navsea.navy.mil/NDP. Qualified organizations who submit a letter of intent for ex- DOLPHIN (AGSS-555) must submit a complete application to the DON within six months of this notice, comprised of a business/financial plan, a technical plan (includes a towing plan, mooring plan, maintenance plan, and environmental plan), a curatorial/museum plan, and a community support plan (includes information concerning support from the community and benefit to the Navy). The application must address the following areas: a. Business/Financial Plan: The Business/Financial Plan must detail the estimated start-up and operating costs, and provide detailed evidence of firm financing adequate to cover these costs. Start-up costs include towing, mooring (this includes but not limited to the cost of acquiring and improving facilities, and dredging if required), ship restoration, museum development, and meeting environmental requirements (including permitting fees and expenses). Operating costs are those costs associated with operating and maintaining the vessel as a museum/memorial, including rent, utilities, personnel, insurance, periodic dry-docking, etc. Firm financing means available funding to ensure the first five years of operation and future stability for long- term operation. This can include pledges, loans, gifts, bonds (except revenue bonds), funds on deposit at a financial institution, or any combination of the above. The applicant must also provide income projections from sources such as individual and group admissions, facility rental fees and gift shop revenues sufficient to cover the estimated operating expenses. b. Technical: The technical plan is comprised of a Towing Plan, Mooring Plan, Maintenance Plan, and Environmental Plan. The Towing Plan describes how the vessel will be prepared for tow and safely towed from its present location to the permanent display site proposed by the applicant. The Towing Plan must include a completed draft checklist of applicable requirements based on Appendix H of the U.S. Navy Tow Manual, which can be found at https:// www.supsalv.org/pdf/towman.pdf. The Mooring Plan describes how the vessel will be secured at its permanent display site during normal and extreme weather conditions (including the 100-year storm event) to prevent damage to the vessel, its mooring system, the pier, and surrounding facilities. It will also provide evidence of availability of a facility for permanent mooring of the vessel, either by ownership, existing lease, or by letter from the facility owners indicating a statement of intent to utilize such facilities. It must also address any requirement to obtain site- specific permits and/or municipal approvals required for the facility, to include but not limited to, Port Authority and Army Corps of Engineers approvals/permits, where required. The mooring location must be acceptable to the DON and not obstruct or interfere with navigation. The Environmental Plan describes how the applicant will comply with all Federal, State, and local environmental and public health and safety regulations and permit requirements. The applicant must also provide information necessary for the Navy to complete an environmental assessment of the Donation as required by the National Environmental Policy Act, including the impact of the Donation on the natural and man-made environment, local infrastructure, and evaluation of the socio-economic consequences of the donation. The Maintenance Plan must describe plans for long-term and short- term maintenance of the vessel, including preservation and periodic maintenance schedule, underwater hull inspections, emergency response and fire/flood/intrusion control, pest control, security, periodic dry- docking, and the qualifications of the maintenance team. c. The Curatorial/Museum Plan includes two parts: A Curatorial Plan and a Historic Management Plan. The Curatorial Plan must describe the qualifications for a professional curator (and curator staff, if necessary). The plan must also describe how the museum will collect and manage artifacts, including a statement of purpose and description of access, authority, and collection management responsibilities. The Historic Management Plan must describe how the museum will display the vessel and exhibits, including a description of the historical context of the ship, vessel restoration plans, historical subject matter that will be displayed with the vessel, and exhibit display plans. d. The Community Support Plan must include evidence of local support. Evidence of regional support should also be provided. This includes letters of endorsement from adjacent communities and counties, cities or States. Also describe how the location of the vessel will encourage public visitation and tourism, become an integral part of the community, and how the vessel will enhance community development. The Community Support Plan must also describe the benefit to the DON, including but not limited to, addressing how the prospective donee may support DON recruiting efforts, the connection between the Navy and the proposed berthing location, how veterans associations in the area are willing to support the vessel, how the prospective donee will honor veterans' contributions to the United States, and how the exhibit will commemorate those contributions and showcase Naval traditions. The relative importance of each area that must be addressed in the Donation application is as follows: Business/Financial Plan and Technical Plan are the most important criteria and are equal in importance. Within the Technical Plan, the Mooring Plan is of greatest importance, and the Towing Plan, Maintenance Plan, and Environmental Plan are individually of equal importance but of lesser importance to the Mooring Plan. The Curatorial/Museum Plan and Community Support Plan are of equal importance, but of lesser importance than the aforementioned plans. Evaluation of the application(s) will be performed by the Navy to ensure the application(s) are compliant with the minimum acceptable application criteria and requirements. In the event of multiple compliant applications, the DON will perform a comparative evaluation of the applications to determine the best-qualified applicant. The adjectival ratings to be used for each criterion include: Outstanding, Good, Satisfactory, Marginal, and Unsatisfactory. The Secretary of the Navy, or his designee, will make the final Donation decision. Additional information concerning the application process and requirements are found on the DON Ship Donation Web site, https:// www.navsea.navy.mil/ndp. The complete application must be submitted in hard copy and electronically on a CD to the Navy Inactive Ships Program office within six months of this Federal Register notice. In the absence of a viable donation application, the DON reserves the right to remove ex-DOLPHIN from donation consideration and proceed with disposal of the vessel.

The Department of the Navy is amending a system of records notice in its existing inventory of record systems subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended.

The CNO Executive Panel will report on the findings and recommendations of the Executive Decision Making Subcommittee to the CNO. The meeting will consist of discussions of the current decision making processes of the U.S. Navy's senior leaders.

In compliance with Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the United States Naval Academy announces the proposed extension of a currently approved 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.

The CNO Executive Panel will form consensus advice for the final report on the findings and recommendations of the Middle East Subcommittee to the CNO. The meeting will consist of discussions of potential future operating environments and force posture implications.