Navy Department 2007 – Federal Register Recent Federal Regulation Documents

In compliance with 44 U.S.C. Sec. 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, Headquarters, U.S. Marine Corps announces a proposed extension of an 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 herby gives notice of its intent to grant to Elemental Wireless, LLC., a revocable, nonassignable, partially exclusive license in the United States to practice the Government-Owned inventions described in U.S. Patent Numbers 5,528,612 entitled ``Laser with Multiple Gain Elements'', issue date June 18, 1996// U.S. Patent Number 5,530,711 entitled ``Low threshold diode- pumped tunable dye laser'', issue date June 25, 1996// U.S. Patent Number 5,541,946 entitled ``Laser with multiple gain elements pumped by a single excitation source'', issue date July 30, 1996// U.S. Patent Number 6,759,303 entitled ``Complementary vertical bipolar junction transistors fabricated of silicon-on-sapphire utilizing wide base PNP transistors'', issue date July 6, 2004.

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 U.S. Marine Corps (USMC) NEPA implementing regulations in Marine Corps Order P5090.2A, the USMC announces its intent to prepare an Environmental Impact Statement (EIS) to evaluate the potential environmental consequences that may result from the permanent assignment of approximately 9,900 additional Marines and support service personnel at three installations in North Carolina: Marine Corps Base Camp Lejeune (MCBCL) and Marine Corps Air Station New River (MCASNR) in Jacksonville and Marine Corps Air Station Cherry Point (MCASCP) in Havelock. The proposed action includes incremental permanent personnel increases at existing USMC installations. By Fiscal Year (FY) 2011 MCBCL, MCASNR, and MCASCP personnel (military and civilian) increases are expected to be approximately 7,700 (MCBCL), 1,400 (MCASNR), and 800 (MCASCP). Alternatives to be examined in the EIS may consist of alternative sitting locations on these installations for new facility construction, renovation and use of existing facilities, or a combination of both new and existing facilities. The no-action alternative, of not permanently basing these Marines and associated personnel, will also be examined. The USMC is initiating the scoping process with this notice of intent. Scoping assists the USMC in identifying community concerns and local issues related to the proposed action.

The Department of the Navy hereby gives notice of its intent to grant to goodXense, Inc., a revocable, nonassignable, exclusive license to practice in the field of use of radio frequency (RF) wireless water quality monitoring in the United States and certain foreign countries, the Government-owned inventions described in U.S. Patent No. 6,780,307: Ion Selective Electrodes for Direct Organic Drug Analysis in Saliva, Sweat, and Surface Wipes, Navy Case No. 83,326.// U.S. Patent Application No. 10/833,636: Ion Selective Electrodes for Direct Organic Drug Analysis in Saliva, Sweat, and Surface Wipes, Navy Case No. 96,181.//U.S. Patent Application No. 11/009,849: Multiparameter System for Environmental Monitoring, Navy Case No. 84,717 and any continuations, divisionals or re-issues thereof.

Pursuant to section 102(2)(C) of the National Environmental Policy Act (NEPA) of 1969 and the Council on Environmental Quality regulations (40 CFR parts 1500-1508), implementing procedural provisions of NEPA, the Department of the Navy (DON) gives notice that a Finding of No Significant Impact (FONSI) has been issued and is available for Expeditionary Strike Group Composite Training Unit Exercise (ESG COMPUTEX) (November/December 2007). In addition, pursuant to Executive Order (EO) 12114, Environmental Effects Abroad of Major Federal Actions, a Finding of No Significant Harm (FONSH) has been issued and is available for ESG COMPUTEX (November/December 2007).

The Naval Research Advisory Committee (NRAC) will meet to discuss information classified at the SECRET level from government organizations and proprietary information from commercial organizations. With the exception of two unclassified sessions on December 12, 2007 from 2 p.m. to 3 p.m. and from 3 p.m. to 4 p.m., all other sessions on December 11, 2007 and December 12, 2007 will include discussions involving proprietary information regarding technology applications and systems under development in the private sector between competing companies and/or information classified at the SECRET level that is devoted to intelligence briefings; emerging threats posed by potential adversaries; the exploitation of physical vulnerabilities; the tactical applications of known and emerging technologies; an assessment of the emerging concepts in such areas as: Training, S&T funding allocation, technology monitoring, progress assessments, and probable time frames for transformation and implementation; the challenges raised with the utilization and fielding of various technology applications; and a security briefing that will discuss security policies and procedures, and counterintelligence information classified at the SECRET level.

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.

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 (40 CFR Parts 1500-1508), the Department of the Navy (Navy) announces its intent to prepare an Environmental Impact Statement (EIS) to evaluate the potential environmental consequences of providing access between the Laurelwood housing area at Naval Weapons Station (NWS) Earle and an adjacent state primary or secondary road. The requirement for this access in 2010 is a stipulation within the lease agreement between the Navy and the developer of Laurelwood. This developer may construct necessary road improvements to obtain access and rent any housing units to the general public through the year 2040. Dates and Addresses: Public scoping will be conducted in the form of an open-house style meeting to be held in Monmouth County, New Jersey to receive written comments on environmental concerns that should be addressed in the EIS. The public scoping meeting will be held on November 27, 2007, from 4 p.m. and 8 p.m., at Brookdale Community College, 765 Newman Springs Road, Lincroft, New Jersey.

This notice provides information on the surplus property at Naval Air Station Alameda, Alameda, California.

The Department of the Navy hereby gives notice of its intent to grant to United States-Vietnam Foundation, a revocable, nonassignable, partially exclusive license to practice worldwide the Government owned inventions described in the invention disclosed and claimed in International Application Number PCT/US2005/019963, with the International Filing Date of June 6, 2005, which was published on December 14, 2006 with the International Publication Number WO 2006/ 132635 A1, for ``Hand-Held Fluorescence Polarimeter''; and the national stage patent applications to be filed in Vietnam, Thailand, Cambodia, Laos, Indonesia, the Philippines and Myanmar in the fields of screening and diagnosis of: (1) Infectious diseases; (2) viral-induced cancer, such as Human Paplloma Virus/AIDs; and (3) toxins.

The Department of the Navy hereby gives notice of its intent to grant to Oasis Diagnostics Corp., a revocable, nonassignable, partially exclusive license to practice worldwide the Government owned inventions described in U.S. Patent No. 6,841,159 issued on January 11, 2005, for ``Rapid Lateral Flow Assay for Determining Exposure to Mycobacterium Tuberculosis and other mycobacteria''; and related foreign filings (PCT/US 03/02311, EP/1478395, and AU/2003210662 filed) in the fields of detection of antibodies in present in oral fluids from the group saliva, oral rinse expectorant, oral mucosal transudate, gingival crevicular fluid, and phlegmuntil.

The Board of Visitors of the Marine Corps University (BOV MCU) will meet to review, develop and provide recommendations on all aspects of the academic and administrative policies of the University; examine all aspects of professional military education operations; and provide such oversight and advice, as is necessary, to facilitate high educational standards and cost effective operations. The Board will be focusing primarily on Professional Military Education in the Marine Corps. All sessions of the meeting will be open to the public.

In compliance with the requirement of Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995 the Naval Health Research Center (NHRC), Department of the Navy, announces a new proposed 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 report on the findings and recommendations of the Iran Subcommittee to the Chief of Naval Operations. The meeting will consist of discussions of current and future Navy strategy, plans, and policies with respect to Iran, and discussions of future operating environments and force posture implications.

This rule reflects administrative changes to the regulations concerning the administrative processing of non-appropriated funds. The revisions will ensure the proper administrative processing and consideration of claims on behalf of and against the United States. This rule is being published by the Department of the Navy (DoN) for guidance and interest of the public in accordance with 5 U.S.C. 552(a)(1).

This rule reflects administrative changes to the regulations concerning the administrative processing and consideration of claims on behalf of and against the United States. The revisions will ensure the proper administrative processing and consideration of claims on behalf of and against the United States. This rule is being published by the Department of the Navy for guidance and interest of the public in accordance with 5 U.S.C. 552(a)(1).

Pursuant to 5 U.S.C. 4314(c)(4), the Department of the Navy (DON) announces the appointment of members to the DON's numerous Senior Executive Service (SES) Performance Review Boards (PRBs). The purpose of the PRBs is to provide fair and impartial review of the annual SES performance appraisal prepared by the senior executive's immediate and second level supervisor; to make recommendations to appointing officials regarding acceptance or modification of the performance rating; and to make recommendations for performance bonuses and basic pay increases. Composition of the specific PRBs will be determined on an ad hoc basis from among individuals listed below:

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 Board of Advisors to the President, Naval Postgraduate School will be held.

This notice is to inform the public that the Department of the Navy is expanding the Virginia Capes (VACAPES) Range Complex Environmental Impact Statement/Overseas Environmental Impact Statement (EIS/OEIS) area of consideration and to invite the public to provide comments for consideration during preparation of the EIS/OEIS. Since the December 2006 EIS/OEIS scoping notice [FR 71143], potential shallow water inert mine warfare training areas have been identified in the southern portion of the Chesapeake Bay, south of latitude 37[deg] 25'N. The proposed training areas would consist of instrumented shapes placed temporarily for training purposes. Each of the two proposed training areas would be approximately one by four square nautical miles in area. Training in these mine warfare areas would not involve use of active sonar. Arrangement could vary periodically and location within the proposed training areas would vary depending on operational requirements; however shipping lanes will be avoided. Divers will be required to perform periodic maintenance and replacement of the instrumented shapes. Scoping comments previously submitted following publication of the December 2006 Notice of Intent to Prepare an EIS/OEIS for the VACAPES Range Complex are still valid and need not be resubmitted. The Navy encourages additional comments or concerns on the expanded area of consideration. VACAPES Range Complex requirements, additional EIS/OEIS information, proposed action background, alternatives, environmental considerations, and public participation inputs can be found at https:// www.vacapesrangecomplexeis.com. More detailed information regarding this notice of intent can be found on the project Web site.

The Naval Research Advisory Committee (NRAC) will meet to discuss classified information from government organizations and proprietary information from commercial organizations. All sessions of the September 26 Plenary Session will be devoted to briefings and discussions focusing on emerging threats posed by potential adversaries, the exploitation of physical vulnerabilities and the tactical applications of known and emerging technologies. These sessions will also include proprietary information regarding technology applications and systems under development in the private sector between competing companies. In addition, these sessions will focus on the assessment of the emerging concepts of operations in each of these areas and evaluate appropriate options in such areas as: Training, S&T funding allocation, technology monitoring, and progress assessments; and probable time frames for transformation and implementation. Furthermore, these sessions will identify, review, and assess challenges with the utilization and fielding of various technology applications. All sessions on September 27 will be open to the public except for the meeting period from 4 p.m. to 5 p.m. dealing with the security and counterintelligence briefing which will involve discussions of security policies and procedures classified at the SECRET level.

The Department of the Navy (DON) hereby gives notice of a requirement to submit donation applications to obtain the guided missile cruiser ex-TICONDEROGA (CG 47) for use as a static museum/ memorial for public display under the authority of 10 U.S.C. 7306. The ex-TICONDEROGA was struck from the Naval Vessel Register on August 12, 2004 and is located at the NAVSEA Inactive Ships On-Site Maintenance Office, Philadelphia, PA. 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 not-for-profit or non-profit entity. The transfer of a vessel for donation under 10 U.S.C. 7306 shall be 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 45 days from the date of this notice and all donation applications must be received by January 31, 2008. The DON will foreclose consideration of donation of ex- TICONDEROGA to any entity that does not submit a letter of intent to the DON within 45 days of the date of this notice. Prospective applicants must submit a letter of intent to the Navy Inactive Ships Program office within 45 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 berthing location; d. If the applicant is not a state, territory or possession of the United States, or a political subdivision or municipal corporation thereof, or the District of Columbia, 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 and/or Articles of Incorporation denies it the right to operate for profit, provide a properly authenticated copy of the Charter, Articles 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 applicant can submit a complete ship donation application to the DON, compliant with the DON's application requirements, by January 31, 2008. Upon receipt of the letter of intent, the DON will contact the prospective applicant(s) to ensure a full understanding of the application requirements, which will be available early September 2007, on the DON Ship Donation Web site located at: https:// peoships.crane.navy.mil/donation/. This information was previously available for several years at https://navsea.navy.mil/NDP and is being transitioned to a new server. Qualified organizations who submit a letter of intent for the ex- TICONDEROGA (CG 47) must submit a complete application to the DON by January 31, 2008, comprised of a Business/Financial Plan, Mooring Plan, Towing Plan, Maintenance Plan, Environmental Plan, Curatorial/Museum Plan, and a Community Support Plan. These plans must include the following information: 1. 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), vessel restoration, museum development, and meeting environmental requirements (including permitting fees and expenses) etc. 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. 2. Mooring Plan: 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. 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. Address any requirement to obtain site-specific permits and/or municipality 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. 3. Towing 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 comply with all U.S. Navy Tow Manual requirements, which can be found at https://www.supsalv.org/pdf/towman.pdf. 4. Environmental Plan: The Environmental Plan describes how the applicant will comply with all Federal, State and local environmental and public health & safety regulations and permit requirements. The applicant must describe how it will address the possibility of invasive species on the underwater hull and measures to protect the marine environment of the proposed berthing location from invasive species. The applicant also should provide information necessary for the DON 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. 5. Maintenance Plan: The Maintenance Plan must describe plans for long-term and short-term maintenance of the vessel, including preservation and maintenance schedule, underwater hull inspections, emergency response and fire/flood/intrusion control, pest control, security, periodic dry-docking, and qualifications of the maintenance team. 6. Curatorial/Museum Plan: The Curatorial/Museum Plan includes three parts: Staff qualifications, a Collection Management Plan and Historical Management Plan. The Curatorial/Museum Plan must describe the qualifications and responsibilities for a professional curator and supporting staff. The Collection Management Plan must define the museum's scope of artifact collection, and the collection management activity (documentation, accession and deaccession policies, risk management and insurance, collections care and control, loans, etc.). The Historical Management Plan must provide a description of the historical context in which the vessel will be displayed. The plan should also describe proposed exhibits, as well as vessel restoration plans. The applicant must conform to standard ethical codes of conduct for museum organizations. 7. 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 and/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 DON 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 Mooring Plan are the most important criteria and are equal in importance. The Towing Plan, Maintenance Plan and Environmental Plan are individually of equal importance but of lesser importance than the Business/ Financial and Mooring Plans. 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 DON to ensure the application(s) are compliant with the minimum acceptable application criterion and requirements. In the event of multiple compliant applications for the same vessel, 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 will be available early September 2007, on the DON Ship Donation Web site located at https://peoships.crane.navy.mil/donation/. This information was previously available for several years at https:// navsea.navy.mil/NDP and is being transitioned to a new server. The complete application must be submitted in hard copy and electronically on a CD to the Navy Inactive Ships Program Office by January 31, 2008. In the absence of a viable donation application, the DON reserves the right to remove ex-TICONDEROGA from donation consideration and proceed with disposal of the vessel. For Further Information and Submission of Ship Donation Applications, Contact: Ms. Gloria Carvalho of the Naval Sea Systems Command, Navy Inactive Ships Program (PMS 333), telephone number 202- 781-0485. Mailed correspondence should be addressed to: The Columbia Group, 1201 M Street, SE., Suite 010, Washington, DC 20003; marked for Ms. Gloria Carvalho (PMS 333).

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

The U.S. Marine Corps is deleting a system of records notice from its inventory of records systems subject to the Privacy Act of 1974, as amended (5 U.S.C. 552a).

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.