Department of the Navy 2013 – Federal Register Recent Federal Regulation Documents

The Department of the Navy is deleting 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 proposes to alter a system of records, NM01640-1, Individual Confinement Records, in its inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended. This system serves as a legal basis for confinement and correctional records.

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 Department of the Navy hereby gives notice of its intent to grant to Jinga-hi, Inc., a revocable, nonassignable, partially exclusive license in the United States to practice the Government-Owned invention described in U.S. Patent No. 8049486: Coupled electric field sensors for DC target electric field detection.

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 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) of the DoN has determined that USS THEODORE ROOSEVELT (CVN 71) is a vessel of the Navy which, due to its special construction and purpose, cannot comply fully 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.

Pursuant to Section 102(2)(c) of the National Environmental Policy Act of 1969, as implemented by the Council on Environmental Quality Regulations (40 Code of Federal Regulations parts 1500-1508), the Department of the Navy (DoN) announces its intent to prepare an Environmental Impact Statement (EIS) to assess the potential environmental consequences of continued and enhanced military training in the Fallon Range Training Complex (FRTC) Study Area. The FRTC Study Area is a set of well-defined geographic areas in the high desert of northern Nevada, encompassing: Special Use Airspace, including restricted areas, Military Operations Areas, and Air Traffic Control Assigned Airspace; land training ranges and stationary land training areas; fixed and mobile land targets, and control facilities; Threat Electronic Warfare (EW), Early Warning Radars and Surface to Air Missile systems and emulators; and instrumentation facilities. The DoN is inviting the U.S. Bureau of Land Management and the Bureau of Reclamation to be cooperating agencies in the preparation of the EIS.

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 SOMERSET (LPD 25) 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 deleting 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 (DoN) is revising its Rules of Professional Conduct and procedures for receiving, processing, and taking action on complaints of professional misconduct made against attorneys practicing under the supervision of the Judge Advocate General of the Navy (JAG). The revision to this part generally aligns with recent changes to the American Bar Association Model Rules of Professional Conduct. The revisions clarify when an attorney shall reveal confidential information and when such disclosure is discretionary, and allows for covered attorneys to make reasonable disclosures necessary to ensure compliance with the Rules of Professional Conduct. The revision contains administrative corrections throughout.

A Notice of Availability for the Department of the Navy's (DoN) Draft Environmental Impact Statement (EIS) for the U.S. Navy F- 35C West Coast Homebasing was published in the Federal Register by the U.S. Environmental Protection Agency on February 15, 2013 (78 FR 11171). The public review period ends on April 22, 2013. This notice announces an extension of the public comment period until May 7, 2013.

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. The following are available for licensing: Navy Case No. 100513: METHOD OF FABRICATING A DUAL CRYSTALLINE SILICON SUSPENSION SYSTEM USING PRE-FABRICATED CAVITIES//Navy Case No. 100910: HARVESTING ROTATIONAL ENERGY USING LINEAR-BASED ENERGY HARVESTERS//Navy Case No. 101501: RECONFIGURABLE ACTIVELY SWITCHED FLYING CAPACITOR ARRAY//Navy Case No. 101592: ANALYTICAL RECONSTRUCTION OF DIGITAL SIGNALS VIA STITCHED POLYNOMIAL FITTING//Navy Case No. 101761: APPARATUS AND METHODS FOR TIME DOMAIN MEASUREMENTS OF OSCILLATION PERTURBATIONS USING PHASE SHIFTED VIRTUAL INTERVALS//Navy Case No. 101804: LIGHT FIELD IMAGING ASSISTED INERTIAL MAPPING AND NAVIGATION//Navy Case No. 101875: INERTIAL SENSORS USING SLIDING PLANE ELECTRON TUNNELING PROXIMITY SWITCHES//Navy Case No. 102181: METHOD FOR FABRICATING PROXIMITY SWITCH BY ANGLED DEPOSITION//Navy Case No. 102216: CAPACITIVE PROXIMITY TRIGGER FOR USE IN TIME-DOMAIN MEMS INERTIAL SENSORS.

The Department of the Navy herby gives notice of its intent to grant to Max-Viz, Inc., a revocable, nonassignable, partially exclusive license in the United States to practice the Government-Owned inventions described in U.S. Patent No. 8023760: System and Method for Enhancing Low-Visibility Imagery//U.S. Patent No. 8149245: Adaptive Linear Contrast Method for Enhancement of Low-Visibility Imagery.

The Deputy Assistant Secretary of the Navy, Acquisition and Procurement (DASN (AP)), is soliciting comments that the Department of the Navy (DoN) may use in drafting a policy that will establish a Superior Supplier Incentive Program (SSIP). Under the SSIP, contractors that have demonstrated exemplary performance at the business unit level in the areas of cost, schedule, performance, quality, and business relations would be granted Superior Supplier Status (SSS). Contractors that achieve SSS could receive more favorable contract terms and conditions in DoN contracts. In addition to recognition of SSS at the business unit level, multi-business unit corporations, that have several business units which attain SSS, may receive additional recognition by the DoN at the corporate level. This additional corporate recognition will not result in the receipt of more favorable contract terms and conditions in DoN contracts, but may result in the use of more favorable business practices by the DoN in its relations at the corporate level. Upon approval of the policy by the Assistant Secretary of the Navy for Research, Development and Acquisition, DoN will initiate the pilot phase of the SSIP. The SSIP pilot is a revision of DoN's previous initiative to recognize superior performance. This initiative was known as the Preferred Supplier Program (PSP). DoN published a previous notice of proposed policy letter on May 14, 2010.

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 MINNESOTA (SSN 783) 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.

Pursuant to section (102)(2)(c) of the National Environmental Policy Act (NEPA) of 1969 and regulations implemented by the Council on Environmental Quality (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 USMC has prepared and filed with the United States Environmental Protection Agency (USEPA) a Final Environmental Impact Statement (Final EIS) that evaluated potential environmental impacts of acquiring additional property and constructing the necessary infrastructure to allow the use of precision-guided munitions (PGMs) at Townsend Bombing Range (TBR), Georgia. Through the use of PGMs at TBR, the USMC can more efficiently meet current training requirements for pilots by significantly increasing air-to-ground training capabilities at Marine Corps Air Station (MCAS) Beaufort, South Carolina.

Pursuant to the provisions of The Federal Advisory Committee Act (Pub. L. 92-463, as amended), notice is hereby given that the following meeting of the aforementioned subcommittee will be held. (Parent Committee is: Board of Advisors (BOA) to the Presidents of the Naval Postgraduate School and the Naval War College (NPS). This meeting will be open to the public.

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 Code of Federal Regulations parts 1500-1508), and Executive Order 12114, and United States (U.S.) Marine Corps NEPA implementing regulations in Marine Corps Order P5090.2A, Marine Corps Forces, Pacific (MARFORPAC), as the Executive Agent designated by the U.S. Pacific Command (PACOM), announces its intent to prepare an Environmental Impact Statement (EIS)/Overseas EIS (OEIS) to evaluate the potential impacts associated with preliminary alternatives for meeting PACOM Service Components' unfilled unit level and combined level military training requirements in the Western Pacific. The proposed action is to establish a series of live-fire and maneuver Ranges and Training Areas (RTAs) within the Commonwealth of the Northern Mariana Islands (CNMI) to meet this purpose. Existing Department of Defense (DoD) RTAs and support facilities in the Western Pacific, particularly those in the Mariana Islands, are insufficient to support PACOM Service Components' U.S. Code (U.S.C.) Title 10 training requirements for the region. The expansion of existing RTAs and construction of new RTAs will satisfy identified training deficiencies for PACOM forces that are based in or regularly train in the CNMI. These RTAs will be available to U.S. forces and their allies on a continuous and uninterrupted schedule. These RTAs are needed to support ongoing operational requirements, changes to U.S. force structure and geographic positioning of forces, and U.S. training relationships with allied nations. MARFORPAC, as the Executive Agent, has invited the Federal Aviation Administration (FAA); International Broadcasting Bureau (IBB); U.S. Army Corps of Engineers; National Marine Fisheries Service; U.S. Fish and Wildlife Service; and U.S. Department of Interior, Office of Insular Affairs, to participate as cooperating agencies in the preparation of the EIS/OEIS. MARFORPAC has also developed a Memorandum of Understanding with the military services regarding their support and engagement in the development of the EIS/OEIS. MARFORPAC encourages governmental agencies, private-sector organizations, and the general public to participate in the NEPA process for the EIS/OEIS. MARFORPAC is initiating the scoping process for the EIS/OEIS with this Notice of Intent (NOI). Scoping assists MARFORPAC in identifying community concerns and specific issues to be addressed in the EIS/OEIS. All interested parties are invited to attend the scoping meetings and are encouraged to provide comments. MARFORPAC will consider these comments in determining the scope of the EIS/OEIS.

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.

Pursuant to section 102(2)(c) of the National Environmental Policy Act of 1969 and regulations implemented by the Council on Environmental Quality (40 Code of Federal Regulations (CFR) parts 1500- 1508), the Department of the Navy (DoN) has prepared and filed with the U.S. Environmental Protection Agency (USEPA) a Draft Environmental Impact Statement (EIS). The Draft EIS evaluates the potential environmental effects that may result from homebasing the U.S. Navy F- 35C (Joint Strike Fighter) aircraft at either Naval Air Facility (NAF) El Centro, California or Naval Air Station (NAS) Lemoore, California. In addition, pursuant to the USEPA's Clean Air Act (CAA) General Conformity Regulations (40 CFR part 93, subpart B), the DoN has prepared a Draft CAA General Conformity Determination, which is included in the Draft EIS, to address air emission impacts associated with proposed F-35C homebasing. With the filing of the Draft EIS (including the Draft CAA General Conformity Determination), the DoN is initiating a 60-day public comment period beginning on February 15, 2013 and ending on April 22, 2013. During this period, the DoN will conduct two public meetings to receive oral and written comments on the Draft EIS and Draft CAA General Conformity Determination. This notice announces the dates, times, and locations of the public meetings and provides supplementary information about the environmental planning effort.

Pursuant to Section 102(2)(c) of the National Environmental Policy Act (NEPA) of 1969, 42 United States Code 4321-4370h, as implemented by the Council on Environmental Quality regulations, 40 Code of Federal Regulations (CFR) parts 1500-1508, the Department of Navy (DoN) NEPA regulations (32 CFR part 775), and Marine Corps Order P5090.2A (with Changes 1, 2) Marine Corps Environmental Compliance and Protection Manual, Chapter 12, the DoN, after carefully weighing the operational and environmental consequences of the proposed action in an Environmental Impact Statement (EIS), announces its decision to establish a large-scale Marine Air Ground Task Force (MAGTF) training facility at the Marine Corps Air Ground Combat Center in Twentynine Palms, California (``the Combat Center'') to accommodate a required new program of sustained, combined-arms, live-fire, and maneuver training for all elements of a Marine Expeditionary Brigade (MEB)-sized MAGTF, including full-scale MEB Exercises and associated MEB Building Block training. To accommodate the required MEB training activities, DoN, acting through the Combat Center, will: Purchase additional private and state lands adjacent to the Combat Center; request withdrawal by Act of Congress of additional public lands adjacent to the Combat Center; pursue through the Federal Aviation Administration the establishment and modification of military Special Use Airspace for proposed MEB- sized training range; and conduct the specified MEB training. Land withdrawal of more than 5,000 acres for the purposes of national defense may only be made by an Act of Congress. The DoN has selected Alternative 6, the Preferred Alternative, (with additional mitigation developed in consultation with the Bureau of Land Management [BLM]), for implementation and recommendation to Congress. Alternative 6 includes the withdrawal of public land and purchase of private and state lands collectively totaling approximately 167,971 acres west and south of the existing Combat Center. All practical means to avoid or minimize environmental harm from the Preferred Alternative that were identified in the Final EIS have been adopted.

Pursuant to section (102)(2)(c) of the National Environmental Policy Act (NEPA) of 1969 and the regulations implemented by the Council on Environmental Quality (CEQ) (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 impacts associated with two actions: (1) The proposed construction and operation of Land-Water Interface (LWI) structures and (2) the proposed construction and operation of a Service Pier Extension (SPE) on Naval Base (NAVBASE) Kitsap Bangor. The DoN proposes two projects on NAVBASE Kitsap Bangor waterfront to: (1) Comply with Department of Defense (DoD) directives to protect Navy OHIO Class ballistic missile submarines (TRIDENT submarines) from increased and evolving threats and to prevent the seizure, damage, or destruction of military assets and (2) eliminate deployment constraints and improve maintenance of SEAWOLF Class submarines. The first proposed action includes constructing two LWI structures and modifying the existing floating Port Security Barrier (PSB) system for improved protection of TRIDENT submarines. Construction of the LWI structures would enclose the Navy Waterfront Restricted Area (WRA) on NAVBASE Kitsap Bangor by constructing security barriers in the intertidal zone at the Bangor waterfront. Construction is anticipated to take two years. Construction activities occurring in the water during the first year may involve pile driving and would be conducted July 2015 through February 2016. Once the pile driving is complete, activities other than pile driving may occur in the water up until February 2017. The second proposed action would relocate SEAWOLF Class submarines SSN-21 (SEAWOLF) and SSN-22 (CONNECTICUT) from NAVBASE Kitsap Bremerton to join SSN-23 (JIMMY CARTER) at NAVBASE Kitsap Bangor. The existing Service Pier would be extended and land based associated support facilities would be constructed including a Maintenance Support Facility, and utility upgrades including an emergency power generator, and a parking lot. Shore based facilities constructed on the pier would include a Pier Services and Compressor Building and a pier crane. Construction would occur from April 2015 to March 2017. Construction in the water is planned for July through February of each year, beginning in July 2015 and concluding in February 2017. The relocation would result in the consolidation of berthing and support for the SEAWOLF Class submarines at NAVBASE Kitsap Bangor. NAVBASE Kitsap is the action proponent. The LWI construction and PSB modifications are for the DoN's Strategic Systems Programs (SSP), which directs research, development, manufacturing, test, evaluation, and operational support of the TRIDENT program. The SPE and supporting facilities are for Commander, Submarine Development Squadron Five (CSDS-5). CSDS-5 is the Immediate Superior in Command for all three SEAWOLF Class submarines and four DoN research, development, test, and evaluation (RDT&E) detachments based at NAVBASE Kitsap Bangor. The DoN is the lead federal agency for this action. The DoN is requesting the U.S. Army Corps of Engineers and the National Marine Fisheries Service to be Cooperating Agencies. The DoN will hold public scoping meetings to receive oral and/or written comments on environmental concerns related to the proposed actions, to determine the scope of issues to address in the Draft EIS, and to identify and refine alternatives to the proposed actions. Federal, state, and local agencies, American Indian tribes, and the public are invited to participate in the scoping process. The public scoping meetings will be conducted in English and will be arranged in an informal, open-house format. Attendees will be provided the opportunity to sign in and then visit various stations hosted by DoN representatives and technical staff assigned to provide information and answer questions. Several large display boards will be located throughout the meeting locations to assist attendees in understanding the proposed actions and the alternatives. Fact sheets about the proposed actions and alternatives will be available to attendees. A comment table with comment sheets will be placed in an easily accessible location.