[Federal Register Volume 78, Number 5 (Tuesday, January 8, 2013)]
[Unknown Section]
[Pages 1562-1567]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-31491]
[[Page 1561]]
Vol. 78
Tuesday,
No. 5
January 8, 2013
Part V
Department of Defense
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Semiannual Regulatory Agenda
Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 /
Unified Agenda
[[Page 1562]]
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DEPARTMENT OF DEFENSE
32 CFR Chs. I, V, VI, and VII
33 CFR Ch. II
36 CFR Ch. III
48 CFR Ch. II
Improving Government Regulations; Unified Agenda of Federal
Regulatory and Deregulatory Actions
AGENCY: Department of Defense (DoD).
ACTION: Semiannual regulatory agenda.
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SUMMARY: The Department of Defense (DoD) is publishing this semiannual
agenda of regulatory documents, including those that are procurement-
related, for public information and comments under Executive Order
12866 ``Regulatory Planning and Review.'' This agenda incorporates the
objective and criteria, when applicable, of the regulatory reform
program under the Executive Order and other regulatory guidance. It
contains DoD issuances initiated by DoD components that may have
economic and environmental impact on State, local, or tribal interests
under the criteria of Executive Order 12866. Although most DoD
issuances listed in the agenda are of limited public impact, their
nature may be of public interest and, therefore, are published to
provide notice of rulemaking and an opportunity for public
participation in the internal DoD rulemaking process. Members of the
public may submit comments on individual proposed and interim final
rulemakings at www.regulations.gov during the comment period that
follows publication in the Federal Register.
This agenda updates the report published on January 20, 2012, and
includes regulations expected to be issued and under review over the
next 12 months. The next agenda is scheduled to be published in the
spring of 2013. In addition to this agenda, DoD components also publish
rulemaking notices pertaining to their specific statutory
administration requirements as required.
Starting with the fall 2007 edition, the Internet became the basic
means for disseminating the Unified Agenda. The complete Unified Agenda
will be available online at www.reginfo.gov, in a format that offers
users the ability to obtain information from the Agenda database.
Because publication in the Federal Register is mandated for the
regulatory flexibility agendas required by the Regulatory Flexibility
Act (5 U.S.C. 602), the Department of Defense's printed agenda entries
include only:
(1) Rules that are in the Agency's regulatory flexibility agenda,
in accordance with the Regulatory Flexibility Act, because they are
likely to have a significant economic impact on a substantial number of
small entities; and
(2) Any rules that the Agency has identified for periodic review
under section 610 of the Regulatory Flexibility Act.
Printing of these entries is limited to fields that contain
information required by the Regulatory Flexibility Act's agenda
requirements. Additional information on these entries is in the Unified
Agenda available online.
FOR FURTHER INFORMATION CONTACT: For information concerning the overall
DoD regulatory improvement program and for general semiannual agenda
information, contact Ms. Patricia Toppings, telephone 571-372-0485, or
write to Executive Services Directorate, Washington Headquarters
Services, 1155 Defense Pentagon, Washington, DC 20301-1155, or email:
patricia.toppings@whs.mil.
For questions of a legal nature concerning the agenda and its
statutory requirements or obligations, write to Office of the General
Counsel, 1600 Defense Pentagon, Washington, DC 20301-1600, or call 703-
697-2714.
For general information on Office of the Secretary regulations,
other than those which are procurement-related, contact Ms. Morgan
Park, telephone 571-372-0489, or write to Executive Services
Directorate, Washington Headquarters Services, 1155 Defense Pentagon,
Washington, DC 20301-1155, or email: morgan.park@whs.mil.
For general information on Office of the Secretary agenda items,
which are procurement-related, contact Mr. Manuel Quinones, telephone
571-372-6088 or write to Defense Acquisition Regulations Directorate,
4800 Mark Center Drive, Suite 15D07-2, Alexandria, VA 22350, or email:
manuel.quinones@osd.mil.
For general information on Department of the Army regulations,
contact Ms. Brenda Bowen, telephone 703-428-6173, or write to the U.S.
Army Records Management and Declassification Agency, ATTN: AAHS-RDR-C,
Casey Building, Room 102, 7701 Telegraph Road, Alexandria, VA 22315-
3860, or email: brenda.s.bowen.civ@mail.mil.
For general information on the U.S. Army Corps of Engineers
regulations, contact Mr. Chip Smith, telephone 703-693-3644, or write
to Office of the Deputy Assistant Secretary of the Army (Policy and
Legislation), 108 Army Pentagon, Room 2E569, Washington, DC 20310-0108,
or email: chip.smith@hqda.army.mil.
For general information on Department of the Navy regulations,
contact LCDR Catherine Chiapetta, telephone 703-614-7408, or write to
Department of the Navy, Office of the Judge Advocate General,
Administrative Law Division (Code 13), Washington Navy Yard, 1322
Patterson Avenue SE., Suite 3000, Washington, DC 20374-5066, or email:
catherine.chiapetta@navy.mil.
For general information on Department of the Air Force regulations,
contact Bao-Anh Trinh, telephone 703-695-6608/6605, or write to
Department of the Air Force, SAF/A6PP, 1800 Air Force Pentagon,
Washington, DC 20330-1800, or email: bao-anh.trinh@pentagon.af.mil.
For specific agenda items, contact the appropriate individual
indicated in each DoD component report.
SUPPLEMENTARY INFORMATION: This edition of the Unified Agenda of
Federal Regulatory and Deregulatory Actions is composed of the
regulatory status reports, including procurement-related regulatory
status reports, from the Office of the Secretary of Defense (OSD) and
the Departments of the Army and Navy. Included also is the regulatory
status report from the U.S. Army Corps of Engineers, whose civil works
functions fall under the reporting requirements of Executive Order
12866 and involve water resource projects and regulation of activities
in waters of the United States.
DoD issuances range from DoD directives (reflecting departmental
policy) to implementing instructions and regulations (largely internal
and used to implement directives). The OSD agenda section contains the
primary directives under which DoD components promulgate their
implementing regulations.
In addition, this agenda, although published under the reporting
requirements of Executive Order 12866, continues to be the DoD single-
source reporting vehicle, which identifies issuances that are currently
applicable under the various regulatory reform programs in progress.
Therefore, DoD components will identify those rules which come under
the criteria of the:
a. Regulatory Flexibility Act;
b. Paperwork Reduction Act of 1995;
c. Unfunded Mandates Reform Act of 1995.
Those DoD issuances, which are directly applicable under these
statutes,
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will be identified in the agenda and their action status indicated.
Generally, the regulatory status reports in this agenda will contain
five sections: (1) Prerule stage; (2) proposed rule stage; (3) final
rule stage; (4) completed actions; and (5) long-term actions. Where
certain regulatory actions indicate that small entities are affected,
the effect on these entities may not necessarily have significant
economic impact on a substantial number of these entities as defined in
the Regulatory Flexibility Act (5 U.S.C. 601(6)).
Although not a regulatory agency, DoD will continue to participate
in regulatory initiatives designed to reduce economic costs and
unnecessary burdens upon the public. Comments and recommendations are
invited on the rules reported and should be addressed to the DoD
component representatives identified in the regulatory status reports.
Although sensitive to the needs of the public, as well as regulatory
reform, DoD reserves the right to exercise the exemptions and
flexibility permitted in its rulemaking process in order to proceed
with its overall defense-oriented mission. The publishing of this
agenda does not waive the applicability of the military affairs
exemption in section 553 of title 5 U.S.C. and section 3 of Executive
Order 12866.
Dated: October 17, 2012.
Michael L. Rhodes,
Director, Administration and Management.
Defense Acquisition Regulations Council--Proposed Rule Stage
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Regulation
Sequence No. Title Identifier No.
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252....................... Safeguarding Unclassified 0750-AG47
DoD Information (DFARS
Case 2011-D039).
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Defense Acquisition Regulations Council--Final Rule Stage
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Regulation
Sequence No. Title Identifier No.
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253....................... Government Support 0750-AG95
Contractor Access to
Technical Data (DFARS
Case 2009-D031).
254....................... Proposal Adequacy 0750-AH47
Checklist (DFARS Case
2011-D042).
255....................... Ownership of Offeror 0750-AH58
(DFARS Case 2011-D044).
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Defense Acquisition Regulations Council--Completed Actions
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Regulation
Sequence No. Title Identifier No.
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256....................... Reporting of Government- 0750-AG83
Furnished Property (DFARS
Case 2012-D001).
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Office of Assistant Secretary for Health Affairs--Final Rule Stage
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Regulation
Sequence No. Title Identifier No.
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257....................... TRICARE; Reimbursement of 0720-AB41
Sole Community Hospitals
(Reg Plan Seq No. 27).
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References in boldface appear in The Regulatory Plan in part II of this
issue of the Federal Register.
DEPARTMENT OF DEFENSE (DOD)
Defense Acquisition Regulations Council (DARC)
Proposed Rule Stage
252. Safeguarding Unclassified DOD Information (DFARS Case 2011-D039)
Legal Authority: 41 U.S.C. 1303
Abstract: This rule proposes to amend the Defense Federal
Acquisition Regulation Supplement (DFARS) to add a DFARS subpart and
associated contract clauses to address requirements for the
safeguarding of unclassified information within contractor information
systems. This rule addresses the safeguarding requirements specified in
Executive Order 13556, Controlled Unclassified Information. The purpose
of this proposed DFARS rule is to implement adequate security measures
to safeguard unclassified DoD information within contractor information
systems from unauthorized access and disclosure, and to prescribe
reporting to DoD certain events that affect DoD information existing in
or traveling through contractor unclassified information systems. DoD
published an Advance Notice of proposed Rulemaking (ANPRM) and notice
of public meeting in the Federal Register at 75 FR 9563 on March 3,
2010, to provide the public an opportunity for input into the initial
rulemaking process. The ANPRM addressed basic and enhanced safeguarding
procedures for the protection of DoD information. DoD estimates that
the rule will apply to approximately 76 percent of the small businesses
that will be required to provide protection of DoD information at an
enhanced level. DoD invited comments from small business concerns and
other interested parties on the expected impact of this rule on small
entities.
Timetable:
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Action Date FR Cite
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ANPRM............................... 03/03/10 75 FR 9563
ANPRM Comment Period End............ 05/03/10
NPRM................................ 06/29/11 76 FR 38089
NPRM Comment Period End............. 08/29/11
NPRM Comment Period Extended........ 12/16/11 76 FR 55297
NPRM Comment Period Extended........ 10/28/11 76 FR 66889
NPRM Comment Period End............. 12/16/11
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NPRM................................ 03/00/13 .......................
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Manuel Quinones, Department of Defense, Defense
Acquisition Regulations Council, 4800 Mark Center Drive, Suite15D07-2,
Alexandria, VA 22350, Phone: 571 372-6088, Email:
manuel.quinones@osd.mil.
RIN: 0750-AG47
DEPARTMENT OF DEFENSE (DOD)
Defense Acquisition Regulations Council (DARC)
Final Rule Stage
253. Government Support Contractor Access to Technical Data (DFARS Case
2009-D031)
Legal Authority: Pub. L. 111-84; 41 U.S.C. 1303
Abstract: DoD is amending the Defense Federal Acquisition
Regulation Supplement (DFARS) to implement section 821 of the National
Defense Authorization Act for Fiscal Year 2010. Section 821 authorizes
certain types of Government support contractors to have access to
proprietary technical data belonging to prime contractors and other
third parties, provided that the owner of the technical data may
require the support contractor to sign a non-disclosure agreement.
These nondisclosure agreements, having certain restrictions and legal
or equitable remedies, protect the owner of the technical data against
disclosure of confidential information. Additionally, this rule
implements a third statutory exception to the prohibition on release of
privately developed data outside the Government. This new statutory
exception allows a ``covered Government support contractor'' access to,
and use of, any technical data delivered under a contract for the sole
purpose of furnishing independent and impartial advice or technical
assistance directly to the Government in support of the Government's
management and oversight of the program or effort to which such
technical data relates.
The rule also provides a definition of ``covered Government support
contractor'' as contractor under a contract, whose primary purpose is
to furnish independent and impartial advice or technical assistance
directly to the Government in support of the Government's management
and oversight of a program or effort. A ``covered Government support
contractor'' must meet certain criteria identified in the rule and
provide certain assurances to the Government to protect the proprietary
and nonpublic nature of the technical data furnished to the covered
Government support contractor, to include signing a non-disclosure
agreement.
The rule affects small businesses that are Government support
contractors that need access to proprietary technical data belonging to
prime contractors and other third parties. The impact of this rule on
small business is not expected to be significant because the non-
disclosure agreement is not likely to have a significant cost or
administrative impact.
Timetable:
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Action Date FR Cite
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Interim Final Rule.................. 03/02/11 76 FR 11363
Interim Final Rule Effective Date... 03/02/11
Interim Final Rule Comment Period 05/02/11
End.
Final Action........................ 03/00/13
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Manuel Quinones, Department of Defense, Defense
Acquisition Regulations Council, 4800 Mark Center Drive, Suite15D07-2,
Alexandria, VA 22350, Phone: 571 372-6088, Email:
manuel.quinones@osd.mil.
RIN: 0750-AG95
254. Proposal Adequacy Checklist (DFARS Case 2011-D042)
Legal Authority: 41 U.S.C. 1303.
Abstract: DoD is amending the Defense Federal Acquisition
Regulation Supplement (DFARS) to add a checklist for DoD contractors to
complete under solicitations that require submission of certified cost
or pricing data and the Contracting Officer chooses to use the
associated provision. This rule supports one of DoD's Better Buying
Power initiatives. The purpose of the Proposal Adequacy Checklist and
associated solicitation provision is to ensure offerors submit
thorough, accurate, and complete proposals. This rule is not expected
to have a significant economic impact on small businesses.
Timetable:
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Action Date FR Cite
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NPRM................................ 12/02/11 76 FR 75512
NPRM Comment Period End............. 01/21/12
Final Action........................ 02/00/13
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Manuel Quinones, Department of Defense, Defense
Acquisition Regulations Council, 4800 Mark Center Drive, Suite15D07-2,
Alexandria, VA 22350, Phone: 571 372-6088, Email:
manuel.quinones@osd.mil.
RIN: 0750-AH47
255. Ownership of Offeror (DFARS Case 2011-D044)
Legal Authority: 41 U.S.C. 1303.
Abstract: DoD is amending the Defense Federal Acquisition
Regulation Supplement (DFARS) to add a solicitation provision to
require offerors to identify their highest-level owner, immediate
owner, and entity with controlling interest in the offeror. The
Commercial And Government Entity (CAGE) code and legal name of that
business provide the ability to identify owners of offerors. DoD does
not anticipate this rule will have a significant impact on small
business.
Timetable:
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Action Date FR Cite
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NPRM................................ 07/24/12 77 FR 43474
NPRM Comment Period End............. 09/24/12
Final Action........................ 02/00/13
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Manuel Quinones, Department of Defense, Defense
Acquisition Regulations Council, 4800 Mark Center Drive, Suite15D07-2,
Alexandria, VA 22350, Phone: 571 372-6088, Email:
manuel.quinones@osd.mil.
RIN: 0750-AH58
DEPARTMENT OF DEFENSE (DOD)
Defense Acquisition Regulations Council (DARC)
Completed Actions
256. Reporting of Government-Furnished Property (DFARS Case 2012-D001)
Legal Authority: 41 U.S.C. 1303
Abstract: DoD amended the Defense Federal Acquisition Regulation
Supplement (DFARS)to revise and standardize reporting requirements for
Government-furnished property to include items uniquely and non-
uniquely identified. The objective of the rule is to improve the
accountability and control of DoD assets. The revisions modify and
standardize contractor Government property reporting requirements. This
rule alters the requirements of the current clause, which requires
Defense contractors to report (primarily) Government-
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furnished equipment items valued at $5,000 or more, to a new
requirement to report all serially managed Government-furnished
property regardless of unit acquisition cost. The clause at 252.211-
7007, is being renamed as ``Reporting of Government-Furnished
Property,'' and is being revised to expand definitions, and provide
guidance on reporting of GFP. This clause applies to commercial
contracts that have GFP and reporting applicability, and is added to
the list of solicitation provisions and contract clauses applicable to
the acquisition of commercial items at DFARS 212.301. Additionally, the
clause at 252.251-7000 is being revised to require electronic receipts
of property obtained from Government supply sources. DoD estimates that
approximately one-fourth of all contractors in possession of
Government-furnished property are small business. All DoD contractors
in possession of Government property will be equally affected by the
revision in reporting requirements.
Timetable:
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Action Date FR Cite
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NPRM................................ 12/22/10 75 FR 80426
NPRM Comment Period Extended........ 02/18/11 76 FR 9527
Public Meeting...................... 03/18/11 76 FR 11190
NPRM Comment Period End............. 04/08/11
Second NPRM......................... 10/19/11 76 FR 64885
Second NPRM Comment Period End...... 12/19/11
Final Action........................ 08/29/12 77 FR 52254
Final Action Effective.............. 08/29/12
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Manuel Quinones, Department of Defense, Defense
Acquisition Regulations Council, 4800 Mark Center Drive, Suite15D07-2,
Alexandria, VA 22350, Phone: 571 372-6088, Email:
manuel.quinones@osd.mil.
RIN: 0750-AG83
DEPARTMENT OF DEFENSE (DOD)
Office of Assistant Secretary for Health Affairs (DODOASHA)
Final Rule Stage
257. Tricare; Reimbursement of Sole Community Hospitals
Regulatory Plan: This entry is Seq. No. 27 in part II of this issue
of the Federal Register.
RIN: 0720-AB41
[FR Doc. 2012-31491 Filed 1-7-13; 8:45 am]
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