[Federal Register Volume 76, Number 130 (Thursday, July 7, 2011)]
[Proposed Rules]
[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.

------------------------------------------------------------------------

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).

------------------------------------------------------------------------





        Defense Acquisition Regulations Council--Final Rule Stage

------------------------------------------------------------------------

                                                           Regulation

       Sequence No.                    Title             Identifier No.

------------------------------------------------------------------------

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).

------------------------------------------------------------------------





       Defense Acquisition Regulations Council--Completed Actions

------------------------------------------------------------------------

                                                           Regulation

       Sequence No.                    Title             Identifier No.

------------------------------------------------------------------------

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).

------------------------------------------------------------------------





  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

------------------------------------------------------------------------

NPRM................................   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-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  .......................

------------------------------------------------------------------------



    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

------------------------------------------------------------------------

NPRM................................   08/30/10  75 FR 52917

NPRM Comment Period End.............   10/29/10

Final Action........................   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-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

------------------------------------------------------------------------

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

------------------------------------------------------------------------



    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:



------------------------------------------------------------------------

               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-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:



------------------------------------------------------------------------

               Action                    Date            FR Cite

------------------------------------------------------------------------

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

------------------------------------------------------------------------



    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:



------------------------------------------------------------------------

               Action                    Date            FR Cite

------------------------------------------------------------------------

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