Department of the Navy 2010 – Federal Register Recent Federal Regulation Documents

The Independent Panel to Review the Judge Advocate Requirements of the Department of the Navy (DoN) (hereinafter referred to as the Panel) published a document in the Federal Register of December 17, 2010, concerning an open meeting. The document contained an incorrect time for the Panel meeting.

The inventions listed below are assigned to the United States Government as represented by the Secretary of the Navy and are made available for licensing by the Department of the Navy. Navy Case No. 83951Apparatus and System for Data Surveillance; Navy Case No. 84021System and Method for Improved Patient Status Monitoring; Navy Case No. 97188Software Architecture for Access Control Based on Hierarchical Characteristics; Navy Case No. 97189 System of Access Control Based on Hierarchical Characteristics; Navy Case No. 97556Preparation of SERS Substrates on Silica-Coated Magnetic Microspheres; Navy Case No. 98163Algorithm for minimum antenna size; Navy Case No. 98184MEMS-Based Multi-Channel Fabry-Perot Interferometer System with Increased Tuning Range and Resolution; Navy Case No. 98330System and Method for Geodesic Data Mining; Navy Case No. 98408Method for Determining Collision Risk for Collision Avoidance Systems; Navy Case No. 98582Electrolytic Fluid Antenna; Navy Case No. 98666Plasmonic Transistor; Navy Case No. 98721Static Wireless Data-Glove Apparatus for Gesture Processing and Recognition and Information-Coding and Input Method; Navy Case No. 98722Host- Centric Method for Automatic Collision Avoidance Decisions; Navy Case No. 98745Method of Fabricating A Micro-Electro-Mechanical Apparatus for Generating Power Responsive to Mechanical Vibration; Navy Case No. 98763Hydrostatic Actuated Flood Plug; Navy Case No. 99735Apparatus for Generating Power Responsive to Mechanical Vibration; Navy Case No. 99740Tunable Resonant Frequency MEMS Kinetic Energy Harvester; Navy Case No. 99741Improved Electro-Magnetic Kinetic Energy Harvesting Device Using Increased Magnetic Edge Area; Navy Case No. 99846Method for Fusing Overhead Imagery with Automatic Vessel Reporting Systems; Navy Case No. 99933Improved Electrolytic Fluid Antenna; Navy Case No. 100162Method for Detecting and Mapping Fires Using Features Extracted from Overhead Imagery; Navy Case No. 100190Device for Maximizing Packing Density with Cylindrical Objects in Cylindrical Cavities; Navy Case No. 100225Plasmonic Logic Device; Navy Case No. 100249 Shipboard Winch with Guide Vanes; Navy Case No. 100474A System and Method for Learning Visual Recognition through Reusable Symbolic Pattern Matching; Navy Case No. 100345Stand-Off Charging for Batteries; Navy Case No. 100447Conformal Faraday Effect Antenna; Navy Case No. 100340Shipboard Antenna Virtual Tuning System and Method; Navy Case No. 100545Method for Maximizing Packing Density with Cylindrical Objects in Cylindrical Cavities; Navy Case No. 100678 Battery Tray Holder with Electrical Conductor for Holding Cylindrical Battery Cells; Navy Case No. 100311System for Amplifying Flow-Induced Vibration Energy Using Boundary Layer and Wake Flow Control; Navy Case No. 100341Simplified System Status Advisor Providing Uniform Cross-Platform Status Information; Navy Case No. 100809Time Domain Inertial Sensor; Navy Case No. 100849Structural Design of a Mechanical Gyro with Increased Sensitivity and Reduced Quadature Error; Navy Case No. 100869Micro-Resonator with Reduced Acceleration Sensitivity and Phase Noise Using Time Domain Switch.

The Department of the Navy proposes to amend a system of records in 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, 42 United States Code (U.S.C.) Section 4332(2)(c), the regulations of the Council on Environmental Quality (CEQ) for Implementing the Procedural Provisions of NEPA (40 Code of Federal Regulations [CFR] parts 1500-1508), the Department of the Navy (DoN) NEPA regulations (32 CFR part 775), and the Marine Corps Environmental Compliance and Protection Manual, which is Marine Corps Order P5090.2A with change 2 (MCO P5090.2A), the DoN announces its decision to base and operate 11 operational F-35B Joint Strike Fighter (JSF) squadrons (up to 16 aircraft per squadron, for a total of 176 aircraft), and 1 F-35B Operational Test and Evaluation (OT&E) squadron (8 aircraft) on the West Coast of the United States (U.S.). More specifically, the DoN has decided to implement Alternative 1, the Preferred Alternative, which includes basing six F-35B operational squadrons at Marine Corps Air Station (MCAS) Miramar in San Diego, California, and five operational squadrons plus one OT&E squadron at MCAS Yuma in Arizona. Each operational squadron will consist of up to 16 F-35B aircraft. To support the basing action, the DoN will: (1) Construct and/or renovate airfield facilities and infrastructure necessary to accommodate and maintain the F-35B squadrons; (2) change personnel to accommodate squadron staffing; and (3) conduct F-35B readiness and training operations to attain and maintain proficiency in the operational employment of the F-35B and special exercise operations. The Proposed Action also includes construction and operation of a new Auxiliary Landing Field (ALF) within the Goldwater Range, to accommodate Field Carrier Landing Practice for the F-35B. The F-35B aircraft will replace 126 legacy F/A-18A/B/C/D Hornet and 56 AV-8B Harrier aircraft in the Third Marine Air Wing (3D MAW) and 4th MAW. All practical means to avoid or minimize environmental impacts resulting from implementation of the Preferred Alternative have been adopted.

The Department of the Navy (DoN) 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 (DAJAG) (Admiralty and Maritime Law) has determined that USS ANTIETAM (CG 54) 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 proposes to alter a system of records in its inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended.

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 executive session of this meeting from 11 a.m. to 12 p.m. on December 6, 2010, will include discussions of disciplinary matters, law enforcement investigations into allegations of criminal activity, and personnel issues at the Naval Academy, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. For this reason, the executive session of this meeting will be closed to the public.

The Department of the Navy (DoN) 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 (DAJAG) (Admiralty and Maritime Law) has determined that USS OSCAR AUSTIN (DDG 79) 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 (Navy), after carefully weighing the operational and environmental consequences of the Proposed Action, announces its decision to continue to support and conduct current, emerging, and future training and research, development, test, and evaluation activities in the Northwest Training Range Complex (NWTRC) to achieve required levels of operational readiness. This decision allows the Navy to meet its statutory mission to deploy worldwide naval forces equipped and trained to meet existing and emergent threats and to enhance its ability to operate jointly with other components of the armed forces. In its decision, the Navy considered applicable laws, regulations and executive orders, including an analysis of the effects of its actions outside the United States or its territories under Executive Order (EO) 12114, Environmental Effects Abroad of Major Federal Actions. The proposed action will be accomplished as set out in Alternative 2, described in the Final Environmental Impact Statement/Overseas Environmental Impact Statement (EIS/OEIS) as the preferred alternative. Implementation of the preferred alternative could begin immediately.

The Department of the Navy (DoN), after carefully weighing the environmental consequences of the proposed action as presented in the Supplemental Environmental Impact Statement (SEIS), announces its decision to implement the expanded safety zones and associated mitigation measures and continue DoN training at Pinecastle Range, as detailed in the Final Environmental Impact Statement for Renewal of Authorization to Use Pinecastle Range, Ocala National Forest, Florida, dated January 2002, in furtherance of DoN's statutory obligations under Title 10 of the United States Code governing the roles and responsibilities of the DoN. In its decision, the DoN considered applicable laws and executive orders, including an analysis of the effects of its actions in compliance with the Endangered Species Act, the Coastal Zone Management Act, and the National Historic Preservation Act, and the requirements of Executive Order (EO) 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low Income Populations and EO 13045, Protection of Children from Environmental Health Risks and Safety Risks. Implementation of the proposed action could begin immediately.

The Department of the Navy proposes to add a system of records in 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 of 1969, as implemented by the Council on Environmental Quality regulations (40 CFR Parts 1500-1508), the Department of the Navy (DoN) announces its intent to prepare an Environmental Impact Statement (EIS) to evaluate the potential environmental effects of continuing training activities on and increasing usage of the Naval Weapons Systems Training Facility (NWSTF) Boardman, Oregon.

The Department of the Navy (DoN) and the Department of the Army (Army), after carefully weighing the environmental consequences of the proposed action, as well as considering operational and training requirements, strategic requirements, obligations under treaties and other international agreements, and cost, announce their decision to proceed with Guam and Commonwealth of Northern Mariana Islands (CNMI) Military Relocation. As a result of redefining the United States (U.S.) defense posture in the Pacific region and the U.S. alliance with Japan, a portion of U.S. Marine Corps (USMC) forces currently located in Okinawa, Japan will be relocated to Guam. This relocation of USMC forces will meet international agreement and treaty requirements and fulfill U.S. national security policy requirements to provide mutual defense, deter aggression, and dissuade coercion in the Western Pacific Region in response to the evolving security environment in the Pacific region, as identified through the Integrated Global Presence and Basing Strategy and the Quadrennial Defense Review (QDR). The redefining of the U.S. defense posture in the Pacific also calls for greater availability of aircraft carrier strike groups in the Pacific to support engagement, presence, and deterrence. Finally, in support of the proposed military relocation, the stationing of an Air and Missile Defense Task Force (AMDTF) is also being considered. A significant number of countries have ballistic missile capabilities which can deliver conventional, nuclear, biological, and chemical weapons. Other countries are working to establish these capabilities and missile systems. The effective strike range of defensive ballistic missile systems dictates that they must be located in the proximity of the protected assets. The need for the proposed AMDTF is to protect the territory of Guam, its citizens, U.S. and allied forces on Guam from the threat of harm from ballistic missile attacks from other countries and enemies of the U.S. Implementing the military relocation analyzed in the Environmental Impact Statement (EIS) will be a multi-agency, multi-year effort undertaken by the DoN, Army, Department of Transportation's Federal Highway Administration (FHWA), Guam utilities, Guam agencies, and various private entities. Implementation includes several components: (1) Marine Corps: (a) Development and construction of facilities and infrastructure to support approximately 8,600 Marines and their 9,000 dependents being relocated from Okinawa to Guam. (b) Development and construction of facilities and infrastructure to support training and operations on Guam and Tinian (located in the CNMI). DoN has elected to defer selection of a specific site for the construction and operation of a live fire training range complex in the Route 15 area in Guam pending completion of the Section 106 consultation process under the National Historic Preservation Act (NHPA). Likewise, a selection regarding implementation of a roadway improvement project calling for a realignment of Route 15 is hereby deferred pending selection of a specific site for the construction. (2) Navy: Construction of a new deep-draft wharf with shoreside infrastructure improvements creating the capability in Apra Harbor, Guam to support a transient nuclear powered aircraft carrier. DoN has elected to defer selection of a specific site for the construction and operation of a transient aircraft carrier berth within Apra Harbor for the near term. However, the analysis presented in the EIS, including the marine resources impacts analysis, provides sufficient information to allow the DoN to fully consider the direct, indirect and cumulative environmental impacts of locating a transient aircraft carrier berth and make a programmatic decision to locate a transient aircraft carrier berth generally within Apra Harbor, which is the only deep draft harbor on the island of Guam that could support such a berth. (3) Army: Development of facilities and infrastructure on Guam to support relocating approximately 600 military personnel and their 900 dependents to establish and operate an Air and Missile Defense Task Force (AMDTF). As of the date of this Record of Decision (ROD), the Department of Defense (DoD) has not decided to construct and operate an AMDTF on Guam. The decision on whether to assign this mission to the Army will be made pending the results of the ongoing regional and global Ballistic Missile Defense architectural and capability studies. It will also be based in part on the EIS for this proposed action with Guam as one site that is under consideration for an AMDTF mission. The EIS was prepared noting that if the mission were assigned to Army, the alternatives presented in the EIS represent how Army could implement the action on Guam. Army has selected the preferred alternatives described in Volume 5 of the EIS as the appropriate manner to implement the proposed action if and when the mission is assigned. (4) Utilities: Renovation and development of additional capacity for power, water, and wastewater systems, both on base and off base, to support the increased demand from the new Marine Corps Base and associated growth in DoD and civilian population caused by the Relocation. (5) Off-base Roadways: Improvements to off base roads, bridges, and intersections to support increased traffic and offset significant impacts caused by the Relocation. Each of the major actions noted above encompasses several construction projects to provide required facilities and infrastructure. Most of the major actions and their supporting projects have alternative sites located throughout the island of Guam. This ROD will document and demonstrate why DoD has chosen to implement the preferred alternatives for each of the actions described in the EIS, except as noted above. Because DoN and Army are preparing this ROD as a joint effort, both concur and support the decisions expressed within it. The ROD includes descriptions and discussions of the proposed actions and their impacts. It also includes descriptions and discussions of all related actions and their impacts. Combined, these two elementsproposed and related actions, with associated impactsprovide the context for consideration of the collective and cumulative impacts associated with all actions addressed in the EIS. While this ROD represents the decisions of DoN and Army regarding the proposed actions, Federal agencies have greatly contributed to formulating and refining the approach to implementing actions and associated mitigation measures. Led by Council on Environmental Quality (CEQ) facilitated discussions, DoD reached major agreements with various Federal regulatory agencies regarding key issues, refined action alternatives for Guam's potable water and wastewater systems, committed to the use of force flow reduction and Adaptive Program Management (APM) as mitigation measures, and established a Civil- Military Coordination Council (CMCC) to implement APM. All of these actions are discussed with greater detail within the ROD. DoN would like to recognize the efforts of CEQ, the U.S. Environmental Protection Agency (EPA), the Department of Interior (DOI), the National Oceanographic and Atmospheric Administration (NOAA), and the Government of Guam Agencies and thank them for their participation and assistance in seeking resolution to the many challenges confronting DoD in the completion of the NEPA process for this proposed action. It is also recognized that as the military construction projects necessary to implement the actions move forward, each of these agencies will have a continuing role through either a regulatory, permitting, or advisory capacity and will continue to partner in the implementation of the actions. This ROD was prepared in accordance with CEQ Regulations for Implementing the Procedural Provisions of NEPA 40 CFR parts 1500 to 1508 and specifically, 40 CFR 1505.2Record of decision in cases requiring environmental impact statements.

The U.S. Marine Corps proposes to reinstate a system of records to its inventory of record systems subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended. After review, it has been determined that the records covered under this previously deleted notice (see 75 FR 43502, July 26, 2010) are not covered elsewhere as stated; therefore this notice is being reinstated.

The invention listed below is assigned to the United States Government as represented by the Secretary of the Navy. The Department of the Navy hereby gives notice of its intent to grant to DQE, Inc. a revocable, nonassignable, exclusive license to practice in the United States, the Government-owned invention described below: U.S. Patent 6,895,871 (Navy Case 84072): Issued May 24, 2005, entitled ``HAZARDOUS MATERIALS DECONTAMINATION PLATFORM''.

The Secretary of the Navy Advisory Panel (SECNAV Advisory Panel) will deliberate the findings and recommendations for the Department of the Navy's Energy program and Asia/Pacific Engagement topic.

This notice provides information on the surplus property at Naval Air Station Joint Reserve Base (NASJRB) Willow Grove located in Horsham Township, Montgomery County, PA.

The Chief of Naval Operations (CNO) Executive Panel will deliberate on the findings and proposed recommendations of the Technical Diversity Subcommittee to the CNO. The meeting will consist of discussions of current and future Navy strategy, plans, and policies regarding the utilization of technically diverse systems, primarily associated with information management systems.

The Chief of Naval Operations (CNO) Executive Panel will deliberate on the findings and proposed recommendations of the Navy Personnel Costs Subcommittee to the CNO. The meeting will consist of discussions of means by which the CNO can reduce the rising costs of employing military and civilian personnel.

The Department of the Navy (DON) is amending its rules to update existing sections relating to the professional conduct of attorneys practicing under the cognizance and supervision of the Judge Advocate General (JAG) for clients with diminished capacity. The amendment comports with current policy reflected in JAG Instruction 5803.1 (Series), Professional Conduct of Attorneys Practicing Under the Cognizance and Supervision of the Judge Advocate General.

The Chief of Naval Operations (CNO) Executive Panel will report on the findings and recommendations of the Cyber Warfare Subcommittee to the CNO. The meeting will consist of discussions of current and future Navy strategy, plans, and policies in support of the organizing, manning, training, and equipping of Cyber Warfare forces for current and future operations.

The Department of the Navy hereby gives notice of the availability of exclusive or partially exclusive licenses to practice worldwide under the following pending patents. Any license granted shall comply with 35 U.S.C. 209 and 37 CFR part 404. Applications will be evaluated utilizing the following criteria: (1) Ability to manufacture and market the technology; (2) manufacturing and marketing ability; (3) time required to bring technology to market and production rate; (4) royalties; (5) technical capabilities; and (6) small business status. 61/292,024, ``DISPOSABLE AMALGUM FILTER'' filed on 01/04/2010, inventor Mark Stone

Pursuant to Section 102(2)(C) of the National Environmental Policy Act, (NEPA), of 1969 (42 United States Code 4332(2)(C)), as implemented by the Council on Environmental Quality Regulations (40 Code of Federal Regulations [CFR] Parts 1500-1508), Department of the Navy (DoN) NEPA regulations (32 CFR Part 775), and United States Marine Corps (USMC) NEPA directives (Marine Corps Order P5090.2A, changes 1 and 2), the DoN intends to prepare an Environmental Impact Statement (EIS) and conduct public scoping meetings for the proposed basing and operation of MV-22 tiltrotor (MV-22) Osprey aircraft and H-1 Cobra and Huey attack helicopters in support of III Marine Expeditionary Force (MEF) training and readiness operations in Hawaii. The EIS will evaluate a proposal to introduce up to two Marine Medium Tiltrotor (VMM) squadrons with a total of 24 MV-22 aircraft and one Marine Light Attack Helicopter (HMLA) squadron composed of 18 AH-1Z and 9 UH-1Y helicopters. Because the proposed squadrons will train on land currently owned or controlled by the Department of the Army (Army), the DoN has requested that the Army be a cooperating agency for the preparation of this EIS.