[Federal Register Volume 79, Number 4 (Tuesday, January 7, 2014)]
[Proposed Rules]
[Pages 1146-1149]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-29699]
[[Page 1145]]
Vol. 79
Tuesday,
No. 4
January 7, 2014
Part V
Department of Defense
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Semiannual Regulatory Agenda
Federal Register / Vol. 79 , No. 4 / Tuesday, January 7, 2014 /
Unified Agenda
[[Page 1146]]
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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 July 3, 2013, 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 2014. 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:
[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. Morgan
Park, telephone 571-372-0489, or write to Executive Services
Directorate, Washington Headquarters Services, 1155 Defense Pentagon,
Washington, DC 20301-1155, or email: [email protected].
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, Suite15D07-2, Alexandria, VA 22350, or email:
[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 email: [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 email: [email protected].
For general information on Department of the Navy regulations,
contact LCDR Catherine Chiappetta, 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:
[email protected].
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: [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 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: September 4, 2013.
Michael L. Rhodes,
Director, Administration and Management.
Defense Acquisition Regulations Council--Final Rule Stage
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Regulation
Sequence No. Title Identifier No.
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262....................... Safeguarding Unclassified 0750-AG47
Controlled Technical
Information (DFARS Case
2011-D039) (Reg Plan Seq
No. 33).
263....................... Ownership of Offeror 0750-AH58
(DFARS Case 2011-D044).
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References in boldface appear in The Regulatory Plan in part II of this
issue of the Federal Register.
Defense Acquisition Regulations Council--Completed Actions
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Regulation
Sequence No. Title Identifier No.
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264....................... Release of Fundamental 0750-AH92
Research Information
(DFARS Case 2012-D054).
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Office of Assistant Secretary for Health Affairs--Completed Actions
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Regulation
Sequence No. Title Identifier No.
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265....................... TRICARE; Reimbursement of 0720-AB41
Sole Community Hospitals.
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DEPARTMENT OF DEFENSE (DOD)
Defense Acquisition Regulations Council (DARC)
Final Rule Stage
262. Safeguarding Unclassified Controlled Technical Information (DFARS
Case 2011-D039)
Regulatory Plan: This entry is Seq. No. 33 in part II of this issue
of the Federal Register.
RIN: 0750-AG47
263. 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........................ 12/00/13 .......................
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Manuel Quinones, Department of Defense, Defense
Acquisition Regulations Council, 4800 Mark Center Drive, Suite 15D07-2,
Alexandria, VA 22350, Phone: 571 372-6088, Email:
[email protected].
RIN: 0750-AH58
DEPARTMENT OF DEFENSE (DOD)
Defense Acquisition Regulations Council (DARC)
Completed Actions
264. Release of Fundamental Research Information (DFARS Case 2012-D054)
Legal Authority: 41 U.S.C. 1303
Abstract: DoD is issuing a final rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to provide guidance relating
to the release of fundamental research information. This rule was
previously published as part of the proposed rule 2011-D039,
Safeguarding Unclassified DoD Information. This was broken out as a
separate rule because the changes in this DFARS clause deal with the
release of information on fundamental research projects and not
safeguarding. This rule was initiated to implement guidance provided by
the Under Secretary of Defense for Acquisition, Technology and
Logistics (AT&L) in a memorandum dated May 24, 2010. The memorandum
provided additional clarifying guidance to ensure that DoD does not
restrict disclosure of the results of fundamental research, as defined
by the National Security Decision Directive (NSDD) 189, unless such
research efforts are classified for reasons of national security or
otherwise restricted by applicable Federal statutes, regulations, or
executive orders. The final rule is not expected to have a significant
impact on
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small entities, because the rule aims to implement policy guidance that
is already being followed within DoD regarding restrictions on the
disclosure of fundamental research.
Timetable:
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Action Date FR Cite
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Final Action........................ 08/08/13 78 FR 48331
Final Action Effective.............. 08/08/13 .......................
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Manuel Quinones, Department of Defense, Defense
Acquisition Regulations Council, 4800 Mark Center Drive, Suite 15D07-2,
Alexandria, VA 22350, Phone: 571 372-6088, Email:
[email protected].
RIN: 0750-AH92
DEPARTMENT OF DEFENSE (DOD)
Office of Assistant Secretary for Health Affairs (DODOASHA)
Completed Actions
265. TRICARE; Reimbursement of Sole Community Hospitals
Legal Authority: 5 U.S.C. 301; 10 U.S.C. ch 55
Abstract: This proposed rule would 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:
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Action Date FR Cite
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NPRM................................ 07/05/11 76 FR 39043
NPRM Comment Period End............. 09/06/11 .......................
Final Action........................ 08/08/13 78 FR 48303
Final Action Effective.............. 10/07/13 .......................
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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. 2013-29699 Filed 1-6-14; 8:45 am]
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