[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
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
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.
------------------------------------------------------------------------
264.......................  Release of Fundamental             0750-AH92
                             Research Information
                             (DFARS Case 2012-D054).
------------------------------------------------------------------------


   Office of Assistant Secretary for Health Affairs--Completed Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
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  .......................
------------------------------------------------------------------------

    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
------------------------------------------------------------------------
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  .......................
------------------------------------------------------------------------

    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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