[Federal Register Volume 76, Number 130 (Thursday, July 7, 2011)]
[Unknown Section]
[Pages 40038-40045]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-15479]
[[Page 40037]]
Vol. 76
Thursday,
No. 130
July 7, 2011
Part V
Department of Defense
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Semiannual Regulatory Agenda
Federal Register / Vol. 76 , No. 130 / Thursday, July 7, 2011 /
Unified Agenda
[[Page 40038]]
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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 negligible 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 http://www.regulations.gov during the comment period
that follows publication in the Federal Register.
This agenda updates the report published on December 20, 2010, and
includes regulations expected to be issued and under review over the
next 12 months. The next agenda and regulatory plan are scheduled to be
published in the fall of 2011. 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 Mr. Robert Cushing, telephone 703-696-5282, or
write to Executive Services Directorate, Washington Headquarters
Services, 1155 Defense Pentagon, Washington, DC 20301-1155, or e-mail
[email protected].
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. Patricia
Toppings, telephone 703-696-5284, or write to Executive Services
Directorate, Washington Headquarters Services, 1155 Defense Pentagon,
Washington, DC 20301-1155, or e-mail [email protected].
For general information on Office of the Secretary agenda items,
which are procurement-related, contact Ms. Ynette Shelkin, telephone
703-602-8384 or write to Defense Acquisition Regulations Directorate,
3060 Defense Pentagon, Room 3B855, Washington, DC 20301-3060, or e-mail
[email protected].
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, Virginia
22315-3860, or e-mail [email protected].
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 e-mail [email protected].
For general information on Department of the Navy regulations,
contact LCDR Daniel Werner, 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 e-mail:
[email protected].
For general information on Department of the Air Force regulations,
contact Bao-Anh Trinh, telephone 703-696-6515, or write to Department
of the Air Force, SAF/XCPP, 1800 Air Force Pentagon, Washington, DC
20330-1800, or e-mail: [email protected].
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, Navy, and Air Force. 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,
[[Page 40039]]
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: February 4, 2011.
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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124....................... Construction and Architect- 0750-AG91
Engineer Services
Performance Evaluation
(DFARS Case 2010-D024).
125....................... Representation Regarding 0750-AG99
Compensation of Former
DoD Officials (DFARS Case
2010-D020).
126....................... Accelerated Payments to 0750-AH19
Small Business (DFARS
Case 2011-D008).
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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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127....................... Business Systems-- 0750-AG58
Definition and
Administration (DFARS
Case 2009-D038).
128....................... Warranty Tracking of 0750-AG74
Serialized Items (DFARS
Case 2009-D018).
129....................... Prohibition on 0750-AG88
Interrogation of
Detainees by Contractor
Personnel (DFARS Case
2010-D027).
130....................... Responsibility and 0750-AG94
Liability for Government
Property (DFARS Case 2010-
D018).
131....................... Government Support 0750-AG95
Contractor Access to
Technical Data (DFARS
Case 2009-D031).
132....................... Electronic Ordering 0750-AH20
Procedures (DFARS Case
2009-D037).
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Defense Acquisition Regulations Council--Completed Actions
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Regulation
Sequence No. Title Identifier No.
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133....................... Restriction on Ball and 0750-AG57
Roller Bearings (DFARS
Case 2006-D029).
134....................... Safety of Facilities, 0750-AG73
Infrastructure, and
Equipment for Military
Operations (DFARS Case
2009-D029).
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Office of Assistant Secretary for Health Affairs--Proposed Rule Stage
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Regulation
Sequence No. Title Identifier No.
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135....................... TRICARE; Reimbursement of 0720-AB41
Sole Community Hospitals.
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DEPARTMENT OF DEFENSE (DOD)
Defense Acquisition Regulations Council (DARC)
Proposed Rule Stage
124. Construction and Architect-Engineer Services Performance
Evaluation (DFARS Case 2010-D024)
Legal Authority: 41 U.S.C. 421
Abstract: This rule amends the Defense Federal Acquisition
Regulation Supplement (DFARS) to remove the requirement to prepare
contractor performance evaluations for construction and architect-
engineer services by using DoD-unique forms. In 2010, consistent with
the Office of Federal Procurement Policy memorandum dated July 29,
2008, Improving the Use of Contractor Performance Information, the
Contractor Performance Assessment Reporting System (CPARS) was named as
the sole system for collecting past-performance information. As such,
CPARS will support Governmentwide data collection requirements for
contractor past performance reporting, to include construction and A&E
contracts, and DFARS is being updated to delete the outdated procedures
and references to the obsolete DoD forms. The clarifications proposed
require no additional effort by contractors as the changes simply
update the DFARS to reflect the current automated process being used.
CPARS is already being used by DoD personnel to report construction and
A&E services contractor past performance, and the DFARS is merely being
updated to remove references to obsolete forms and procedures and
reflect the current process. No start-up costs are expected as only
Internet access is required should small entities elect to comment on
their past performance rating in CPARS. Accordingly, any economic
impact is expected to be minimal.
Timetable:
[[Page 40040]]
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Action Date FR Cite
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NPRM................................ 06/00/11 .......................
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Ynette R. Shelkin, Editor, Defense Acquisition
Regulations System, Department of Defense, Defense Acquisition
Regulations Council, 3060 Defense Pentagon, Room 3B855, Washington, DC
20301-3060, Phone: 703 602-8384, E-mail: [email protected].
RIN: 0750-AG91
125. Representation Regarding Compensation of Former DOD
Officials (DFARS Case 2010-D020)
Legal Authority: 41 U.S.C. 421; 18 U.S.C. 207; 41 U.S.C. 423; Pub.
L. 110-181
Abstract: This rule amends the Defense Federal Acquisition
Regulation Supplement (DFARS) to require that offerors represent
whether former DoD officials employed by the offeror are in compliance
with post-employment restrictions concerning post-government employment
for DoD and other Federal employees after leaving Government
employment. The proposed rule will require offerors to submit
representations at the time of contract award that all former DoD
officials that are covered by the Procurement Integrity Act are in
compliance with post-employment restrictions set forth in DFARS
203.171-3 and DFARS 252.203-7000. The representation goes further in
also requiring a representation that former DoD employees employed by
the contractor are also in compliance with additional post-employment
restrictions. This representation will be required in contracts for
commercial items.
There is no impact on the offeror unless the former DoD officials
covered by the Procurement Integrity Act are not in compliance with the
post--employment restrictions. In order to submit an offer, small
entities that hire a former DoD official covered by the Procurement
Integrity Act will have to check the compliance of such employees with
various applicable post-employment restrictions.
DFARS 252.203-7000, Requirements Relating to Compensation of Former
DoD Officials, already requires contractors to determine that a covered
DoD official has sought and received, or has not received after 30 days
of seeking, a written opinion from the appropriate DoD ethics
counselor, regarding the applicability of post-employment restrictions
to the activities that the official is expected to undertake on behalf
of the contractor. Therefore, this representation of compliance does
not impose an additional burden on the offeror. Any economic impact is
expected to be minimal.
Timetable:
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Action Date FR Cite
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NPRM................................ 06/00/11 .......................
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Ynette R. Shelkin, Editor, Defense Acquisition
Regulations System, Department of Defense, Defense Acquisition
Regulations Council, 3060 Defense Pentagon, Room 3B855, Washington, DC
20301-3060, Phone: 703 602-8384, E-mail: [email protected].
RIN: 0750-AG99
126. Accelerated Payments to Small Business (DFARS Case 2011-
D008)
Legal Authority: 41 U.S.C. 421
Abstract: This rule amends the Defense Federal Acquisition
Regulation Supplement (DFARS) to accelerate payments to all small
business concerns. Currently, DoD assists small disadvantaged business
concerns by paying them as quickly as possible after invoices are
received and before normal payment due dates established in the
contract. This rule proposes removal of the term ``disadvantaged'' from
the language at DFARS 232.903 and DFARS 232.906(a)(ii) extending this
assistance to all small business concerns. This will align the DFARS
with the statutory language at 5 CFR 1315.5 and FAR 32.903, which
allows agencies to authorize accelerated payment procedures for small
businesses. Because the rule proposes to extend accelerated payment
assistance to all small business concerns, a positive economic impact
on small business is expected.
Timetable:
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Action Date FR Cite
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NPRM................................ 06/00/11 .......................
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Ynette R. Shelkin, Editor, Defense Acquisition
Regulations System, Department of Defense, Defense Acquisition
Regulations Council, 3060 Defense Pentagon, Room 3B855, Washington, DC
20301-3060, Phone: 703 602-8384, E-mail: [email protected].
RIN: 0750-AH19
DEPARTMENT OF DEFENSE (DOD)
Defense Acquisition Regulations Council (DARC)
Final Rule Stage
127. Business Systems--Definition and Administration (DFARS Case 2009-
D038)
Legal Authority: 41 U.S.C. 421
Abstract: This interim rule implements the statutory requirements
of section 893 of the FY 2011 National Defense Authorization Act (NDAA)
and improves the effectiveness of DoD oversight of contractor business
systems. Section 893 set forth statutory requirements for the
improvement of contractor business systems to ensure that such systems
provide timely, reliable information for the management of DoD
programs. This interim rule also addresses comments received under the
initial proposed rule (published in the Federal Register on January 15,
2010 (75 FR 2457)) and a second proposed rule (published on December 3,
2010 (75 FR 75550)). Based on the comments received, the requirements
of the NDAA, and subsequent revisions to the proposed rule, DoD is
publishing this interim rule with request for comments.
To improve the effectiveness of Defense Contract Management Agency
(DCMA) and Defense Contract Audit Agency (DCAA) oversight of contractor
business systems, DoD is clarifying the definition and administration
of contractor business systems, including accounting systems,
estimating systems, purchasing systems, earned value management systems
(EVMS), material management and accounting systems (MMAS), and property
management systems, and implementing compliance enforcement mechanisms.
The need to mitigate the Government's risk when contractors fail to
comply with the terms and conditions of their contracts by failing to
maintain adequate business systems necessitates this rule.
The requirements of the rule will apply to solicitations and
contracts that are subject to the Cost Accounting Standards under 41
U.S.C. chapter 15. Since contracts and subcontracts with small business
are exempt from CAS requirements, DoD estimates that this rule will
have no impact on small business. However, DoD is inviting comments
from small business concerns and other interested parties on the
expected impact of this rule on small entities.
[[Page 40041]]
Timetable:
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Action Date FR Cite
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NPRM................................ 01/15/10 75 FR 2457
NPRM Comment Period End............. 03/16/10 .......................
Second NPRM......................... 12/03/10 75 FR 75549
Comment Period Extended............. 12/09/10 75 FR 76692
Second NPRM Comment Period End...... 01/10/11 .......................
Final Action........................ 06/00/11 .......................
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Ynette R. Shelkin, Editor, Defense Acquisition
Regulations System, Department of Defense, Defense Acquisition
Regulations Council, 3060 Defense Pentagon, Room 3B855, Washington, DC
20301-3060, Phone: 703 602-8384, E-mail: [email protected].
RIN: 0750-AG58
128. Warranty Tracking of Serialized Items (DFARS Case 2009-D018)
Legal Authority: 41 U.S.C. 401
Abstract: This rule amends the Defense Federal Acquisition
Regulation Supplement (DFARS) to implement a policy memorandum of the
Undersecretary of Defense for Acquisition, Technology and Logistics
dated February 6, 2007, that required definition of the requirements to
track warranties for Item Unique Identification-required items in the
Item Unique Identification registry. This proposed rule stresses that
the enforcement of warranties is essential to the effectiveness and
efficiency of DoD's material readiness. The capability to track
warranties will significantly enhance the ability of DoD to--(1)
Identify and enforce warranties, (2) Ensure sufficient durations of
warranties for specific goods; and (3) Realize improved material
readiness. The rule is structured to reduce burden to contractors and
to facilitate data capture. DoD anticipates that there will be limited,
if any, additional costs imposed on small businesses.
Timetable:
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Action Date FR Cite
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NPRM................................ 08/30/10 75 FR 52917
NPRM Comment Period End............. 10/29/10
Final Action........................ 06/00/11
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Ynette R. Shelkin, Editor, Defense Acquisition
Regulations System, Department of Defense, Defense Acquisition
Regulations Council, 3060 Defense Pentagon, Room 3B855, Washington, DC
20301-3060, Phone: 703 602-8384, E-mail: [email protected].
RIN: 0750-AG74
129. Prohibition on Interrogation of Detainees by Contractor
Personnel (DFARS Case 2010-D027)
Legal Authority: 41 U.S.C. 421; Pub. L. 111-84
Abstract: This rule implements section 1038 of the Fiscal Year 2010
National Defense Implements Authorization Act (Pub. L. 111-84). Section
1038 prohibits contractor personnel from interrogating detainees under
the control of the Department of Defense. It also allows the Secretary
of Defense to waive the prohibition for a limited period of time, if
determined necessary to the national security interests of the United
States. The interim rule added coverage at Defense Federal Acquisition
Regulation Supplement (DFARS) 237.173 and a new clause at DFARS
252.237-7010 that prescribes policies prohibiting interrogation of
detainees by contractor personnel as required by the statute. The
interim rule also addressed permissible support roles for contractors
by providing that contractor personnel with proper training and
security clearances may be used as linguists, interpreters, report
writers, information technology technicians, and other employees
filling ancillary positions, including as trainers of, and advisors to,
interrogations, if the contractor personnel meet the criteria provided
by DoD Instruction 1100.22, Policy and Procedures for Determining
Workforce Mix; DoD Directive 2310.01E, The Department of Defense
Detainee Program; and DoD Directive 3115.09, DoD Intelligence
Interrogations, Detainee Debriefings, and Tactical Questioning. This
rule only prescribed policies that prohibit interrogation of detainees
by contractor personnel. DoD anticipates that there will be no
additional costs imposed on small businesses.
Timetable:
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Action Date FR Cite
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Interim Final Rule.................. 11/03/10 75 FR 67632
Interim Final Rule Effective........ 11/03/10
Interim Final Rule Comment Period 01/03/11
End.
Final Action........................ 06/00/11
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Ynette R. Shelkin, Editor, Defense Acquisition
Regulations System, Department of Defense, Defense Acquisition
Regulations Council, 3060 Defense Pentagon, Room 3B855, Washington, DC
20301-3060, Phone: 703 602-8384, E-mail: [email protected].
RIN: 0750-AG88
130. Responsibility and Liability for Government Property
(DFARS Case 2010-D018)
Legal Authority: 41 U.S.C. 421
Abstract: This rule amends the Defense Federal Acquisition
Regulation Supplement (DFARS) to extend the Government self-insurance
policy for Government property provided under negotiated fixed-price
contracts that are awarded on a basis other than submission of
certified cost or pricing data. This rule proposes that DoD contractors
not be held liable for loss of Government property under such
contracts, and eliminates the use of Alternate I of the FAR clause at
52.245-1, Government Property. Use of Alternate I requires contractors
to assume the risk and be responsible for loss of Government property.
The basic premise of this case, that the Government should be self-
insuring under contracts that provide Government property, is supported
by the Government Accountability Office (GAO) policy contained in GAO
publication, GAO-04-261SP Appropriations Law, and its decisions. Any
impact of this rule on small entities is expected to be beneficial. The
Government assuming the liability for loss of Government property under
negotiated fixed-price contracts awarded on a basis other than
submission of certified cost or pricing data should provide some relief
for the small entities concerning costs to acquire insurance against
risk of loss.
Timetable:
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Action Date FR Cite
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Interim Final Rule.................. 06/00/11
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Ynette R. Shelkin, Editor, Defense Acquisition
Regulations System, Department of Defense, Defense Acquisition
Regulations Council, 3060 Defense Pentagon, Room 3B855, Washington, DC
20301-3060, Phone: 703 602-8384, E-mail: [email protected].
RIN: 0750-AG94
131. Government Support Contractor Access to Technical Data
(DFARS Case 2009-D031)
Legal Authority: Pub. L. 111-84
[[Page 40042]]
Abstract: This rule amends the Defense Federal Acquisition
Regulation Supplement (DFARS) to implement section 821 of the National
Defense Authorization Act for Fiscal Year 2010. Section 821 provides
authority for certain types of Government support contractors to have
access to proprietary technical data belonging to prime contractors and
other third parties, provided that the technical data owner may require
the support contractor to execute a non-disclosure agreement having
certain restrictions and remedies.
Additionally, this rule amends the DFARS to provide needed
editorial changes. The rule implements a new third statutory exception
to the prohibition on release of privately developed data outside the
Government, allowing 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. There are no known
significant alternatives to the rule that would meet the requirements
of the statute and minimize any significant economic impact of the rule
on small entities. The impact of this rule on small business is not
expected to be significant because the execution of a 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........................ 08/00/11
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Ynette R. Shelkin, Editor, Defense Acquisition
Regulations System, Department of Defense, Defense Acquisition
Regulations Council, 3060 Defense Pentagon, Room 3B855, Washington, DC
20301-3060, Phone: 703 602-8384, E-mail: [email protected].
RIN: 0750-AG95
132. Electronic Ordering Procedures (DFARS Case 2009-D037)
Legal Authority: 41 U.S.C. 421; Pub. L. 107-347
Abstract: This rule addresses electronic business procedures for
placing orders. This rule adds a new clause in the Defense Federal
Acquisition Regulation Supplement (DFARS) to clarify this process and
standardize issuance of orders via electronic means DoD currently has
the capability to distribute orders electronically on a routine basis,
and can post to a website that any contractor can access. In order to
make this possible, the DFARS needs to provide language that will make
those procedures a routine part of contract issuance. This will enable
DoD to further the goals of the E-Government Act of 2002 (Pub. L. 107-
347). The benefit of this rule to small business is that it will make
electronic distribution procedures a routine part of order issuance.
This change will ultimately help improve the management and promotion
of electronic Government services and processes, and will establish a
framework to improve public access to Government information, and
services.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Interim Final Rule.................. 06/00/11
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Ynette R. Shelkin, Editor, Defense Acquisition
Regulations System, Department of Defense, Defense Acquisition
Regulations Council, 3060 Defense Pentagon, Room 3B855, Washington, DC
20301-3060, Phone: 703 602-8384, E-mail: [email protected].
RIN: 0750-AH20
DEPARTMENT OF DEFENSE (DOD)
Defense Acquisition Regulations Council (DARC)
Completed Actions
133. Restriction on Ball and Roller Bearings (DFARS Case 2006-D029)
Legal Authority: 41 U.S.C. 421
Abstract: Revised the domestic source restriction on acquisition of
ball and roller bearings. The current Defense Federal Acquisition
Regulation Supplement (DFARS) restriction on ball and roller bearings
requires that the bearings and the main bearing components be wholly
manufactured in the United States or Canada. This requirement was based
on a restriction that expired on October 1, 2005. The final rule, which
implemented the DoD annual appropriations act domestic source
restrictions, required that each ball or roller bearing be manufactured
in the United States, its outlying areas, or Canada, and that the cost
of the bearing components manufactured in the United States, its
outlying areas, or Canada, shall exceed 50 percent of the total cost of
the bearing components of the ball or roller bearing. This restriction
does not apply to the acquisition of commercial items, either as
components or end products, unless the commercial bearings themselves
are purchased as the end products. Generally, the economic impact is
considered to be positive because the rule allows more flexibility to
domestic bearings manufacturers in the acquisition of nondomestic
components. Many of the bearing components that are being outsourced
are no longer readily available from domestic sources. If this rule
were not implemented, there would be no requirement to manufacture such
bearings in the United States or Canada, or provide predominantly
domestic components.
Timetable:
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Action Date FR Cite
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NPRM................................ 05/07/10 75 FR 25167
NPRM Comment Period End............. 07/06/10
Final Action........................ 12/08/10 75 FR 76297
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Ynette Shelkin, Department of Defense, Defense
Acquisition Regulations Council, 3060 Defense Pentagon, Washington, DC
20301, Phone: 703 602-8384, E-mail: [email protected].
RIN: 0750-AG57
[[Page 40043]]
134. Safety of Facilities, Infrastructure, and Equipment for Military
Operations (DFARS Case 2009-D029)
Legal Authority: Pub. L. 111-84
Abstract: This rule implemented section 807 of the National Defense
Authorization Act of 2010 requires that facilities, infrastructure, and
equipment intended for use by DoD military or civilian personnel in
current or future military operations should be inspected for safety
and habitability prior to use. It also required that such facilities
should be brought into compliance with generally accepted standards for
the safety and health of personnel to the maximum extent practicable
consistent with the requirements of military operations and the best
interests of DoD to minimize the safety and health risk posed to such
personnel. The rule encouraged contracting officers to include this
rule in solicitations issued before the date of publication, provided
award occurs after the publication date. Contracting Officers are also
encouraged to apply this rule to the maximum extent practicable to
existing contracts. The rule affected contractors with contracts,
including task and delivery orders, in support of current and future
military operations for construction, installation, repair,
maintenance, or operation of facilities. This includes contracts for
facilities, infrastructure, and equipment configured for occupancy,
including but not limited to, existing host nation facilities, new
construction, and re-locatable buildings. There are high costs
associated with a company being able to perform in the geographic
regions where most military operations are currently taking place. This
makes it unlikely that a small business could afford to sustain the
infrastructure required to perform these types of services in locations
such as Iraq and Afghanistan. Based on the above factors, the number of
small business firms to which the rule would apply is expected to be
minimal.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Interim Final Rule.................. 10/29/10 75 FR 66683
Interim Final Rule Effective........ 10/29/10
Interim Final Rule Comment Period 12/28/10
End.
Final Action........................ 03/17/11 76 FR 14590
Final Action Effective.............. 03/17/11
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Ynette R. Shelkin, Editor, Defense Acquisition
Regulations System, Department of Defense, Defense Acquisition
Regulations Council, 3060 Defense Pentagon, Room 3B855, Washington, DC
20301-3060, Phone: 703 602-8384, E-mail: [email protected].
RIN: 0750-AG73
DEPARTMENT OF DEFENSE (DOD)
Office of Assistant Secretary for Health Affairs (DODOASHA)
Proposed Rule Stage
135. TRICARE; Reimbursement of Sole Community Hospitals
Legal Authority: 5 U.S.C. 301; 10 U.S.C. ch 55
Abstract: This proposed rule is to implement the statutory
provision at 10 U.S.C. 1079(j)(2) that TRICARE payment methods for
institutional care be determined, to the extent practicable, in
accordance with the same reimbursement rules as those that apply to
payments to providers of services of the same type under Medicare. This
proposed rule implements a reimbursement methodology similar to that
furnished to Medicare beneficiaries for inpatient services provided by
Sole Community Hospitals (SCHs). It will be phased in over a several-
year period.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 06/00/11
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Marty Maxey, Department of Defense, Office of
Assistant Secretary for Health Affairs, 1200 Defense Pentagon,
Washington, DC 20301, Phone: 303 676-3627.
RIN: 0720-AB41
[FR Doc. 2011-15479 Filed 7-6-11; 8:45 am]
BILLING CODE 5001-06-P