[Federal Register Volume 79, Number 114 (Friday, June 13, 2014)]
[Proposed Rules]
[Pages 34040-34043]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-13116]



[[Page 34039]]

Vol. 79

Friday,

No. 114

June 13, 2014

Part V





Department of Defense





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Semiannual Regulatory Agenda

  Federal Register / Vol. 79 , No. 114 / Friday, June 13, 2014 / 
Unified Agenda  

[[Page 34040]]


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DEPARTMENT OF DEFENSE

32 CFR Chs. I, V, VI, and VII

33 CFR Ch. II

36 CFR Ch. III

48 CFR Ch. II


Improving Government Regulations; Unified Agenda of Federal 
Regulatory and Deregulatory Actions

AGENCY: Department of Defense (DoD).

ACTION: Semiannual regulatory agenda.

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SUMMARY: The Department of Defense (DoD) is publishing this semiannual 
agenda of regulatory documents, including those that are procurement-
related, for public information and comments under Executive Order 
12866 ``Regulatory Planning and Review.'' This agenda incorporates the 
objective and criteria, when applicable, of the regulatory reform 
program under the Executive Order and other regulatory guidance. It 
contains DoD issuances initiated by DoD components that may have 
economic and environmental impact on State, local, or tribal interests 
under the criteria of Executive Order 12866. Although most DoD 
issuances listed in the agenda are of limited public impact, their 
nature may be of public interest and, therefore, are published to 
provide notice of rulemaking and an opportunity for public 
participation in the internal DoD rulemaking process. Members of the 
public may submit comments on individual proposed and interim final 
rulemakings at www.regulations.gov during the comment period that 
follows publication in the Federal Register.
    This agenda updates the report published on January 7, 2014, 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 
fall 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 CDR Noreen Hagerty-Ford, 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, 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: February 25, 2014.
 Michael L. Rhodes,
Director, Administration and Management.

       Defense Acquisition Regulations Council--Completed Actions
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                                                           Regulation
       Sequence No.                    Title             Identifier No.
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109.......................  Safeguarding Unclassified          0750-AG47
                             Controlled Technical
                             Information (DFARS Case
                             2011-D039).
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DEPARTMENT OF DEFENSE (DOD)

Defense Acquisition Regulations Council (DARC)

Completed Actions

109. Safeguarding Unclassified Controlled Technical Information (DFARS 
Case 2011-D039)

    Legal Authority: 41 U.S.C. 1303; Pub. L. 112-239
    Abstract: DoD issued an interim rule to amend the Defense Federal 
Acquisition Regulation Supplement (DFARS) to add a DFARS subpart and 
associated contract clauses to address requirements for the 
safeguarding of unclassified information within contractor information 
systems as specified in Executive Order 13556, Controlled Unclassified 
Information. DoD published an advance notice of proposed rulemaking 
(ANPR), and notice of public meeting in the Federal Register at 75 FR 
9563 on March 3, 2010, to provide the public an opportunity for input 
into the initial rulemaking process. A proposed DFARS rule was 
published in the Federal Register at 76 FR 38089 on June 29, 2011, to 
implement adequate security measures to safeguard unclassified DoD 
information within contractor information systems from unauthorized 
access and disclosure, and to prescribe reporting to DoD with regard to 
certain cyber intrusion events that affect DoD information resident on 
or transiting through contractor unclassified information systems. 
After comments were received on the proposed rule it was decided that 
the scope of the rule would be modified to reduce the information 
covered. This rule addresses safeguarding requirements that cover only 
unclassified controlled technical information, and reporting the 
compromise of unclassified controlled technical information. DoD 
anticipates this rule may have a significant economic impact on a 
substantial number of small entities.
    Timetable:

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               Action                    Date            FR Cite
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ANPRM...............................   03/03/10  75 FR 9563
ANPRM Comment Period End............   05/03/10  .......................
NPRM................................   06/29/11  76 FR 38089
NPRM Comment Period End.............   08/29/11  .......................
NPRM Comment Period Extended........   12/16/11  76 FR 55297
NPRM Comment Period Extended........   10/28/11  76 FR 66889
NPRM Comment Period End.............   12/16/11  .......................
Final Action........................   11/18/13  78 FR 69273
Final Action Effective..............   11/18/13  .......................
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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 15, D07-
2, Alexandria, VA 22350, Phone: 571 372-6088, Email: 
[email protected].
    RIN: 0750-AG47

[FR Doc. 2014-13116 Filed 6-12-14; 8:45 am]
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