1562 Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Unified Agenda 

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. 

SUMMARY: The Department of Defense 

(DoD) is publishing this semiannual 

agenda of regulatory documents, 

including those that are procurementrelated, 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 20, 2012, 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 2013. 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: patricia.

toppings@whs.mil. 

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: morgan.park@whs.mil. 

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, Suite 15D07–2, 

Alexandria, VA 22350, or email: 

manuel.quinones@osd.mil. 

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, VA 

22315–3860, or email: brenda.s.bowen.

civ@mail.mil. 

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: chip.smith@

hqda.army.mil. 

For general information on 

Department of the Navy regulations, 

contact LCDR Catherine Chiapetta, 

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: catherine.chiapetta@

navy.mil. 

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: bao-anh.trinh

@pentagon.af.mil. 

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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Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Unified Agenda 1563 

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: October 17, 2012. 

Michael L. Rhodes, 

Director, Administration and Management. 

DEFENSE ACQUISITION REGULATIONS COUNCIL—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

252 .................... Safeguarding Unclassified DoD Information (DFARS Case 2011–D039) ....................................................... 0750–AG47 

DEFENSE ACQUISITION REGULATIONS COUNCIL—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

253 .................... Government Support Contractor Access to Technical Data (DFARS Case 2009–D031) .............................. 0750–AG95 

254 .................... Proposal Adequacy Checklist (DFARS Case 2011–D042) ............................................................................. 0750–AH47 

255 .................... Ownership of Offeror (DFARS Case 2011–D044) .......................................................................................... 0750–AH58 

DEFENSE ACQUISITION REGULATIONS COUNCIL—COMPLETED ACTIONS

Sequence No. Title Regulation 

Identifier No. 

256 .................... Reporting of Government-Furnished Property (DFARS Case 2012–D001) ................................................... 0750–AG83 

OFFICE OF ASSISTANT SECRETARY FOR HEALTH AFFAIRS—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

257 .................... TRICARE; Reimbursement of Sole Community Hospitals (Reg Plan Seq No. 27) ....................................... 0720–AB41 

References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register. 

DEPARTMENT OF DEFENSE (DOD) 

Defense Acquisition Regulations 

Council (DARC) 

Proposed Rule Stage 

252. Safeguarding Unclassified DOD 

Information (DFARS Case 2011–D039) 

Legal Authority: 41 U.S.C. 1303 

Abstract: This rule proposes 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. This rule 

addresses the safeguarding requirements 

specified in Executive Order 13556, 

Controlled Unclassified Information. 

The purpose of this proposed DFARS 

rule is 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 certain events that 

affect DoD information existing in or 

traveling through contractor 

unclassified information systems. DoD 

published an Advance Notice of 

proposed Rulemaking (ANPRM) 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. The ANPRM 

addressed basic and enhanced 

safeguarding procedures for the 

protection of DoD information. DoD 

estimates that the rule will apply to 

approximately 76 percent of the small 

businesses that will be required to 

provide protection of DoD information 

at an enhanced level. DoD invited 

comments from small business concerns 

and other interested parties on the 

expected impact of this rule on small 

entities. 

Timetable: 

Action Date FR Cite 

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 

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1564 Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Unified Agenda 

Action Date FR Cite 

NPRM .................. 03/00/13 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Manuel Quinones, 

Department of Defense, Defense 

Acquisition Regulations Council, 4800 

Mark Center Drive, Suite15D07–2, 

Alexandria, VA 22350, Phone: 571 372– 

6088, Email: manuel.quinones@osd.mil. 

RIN: 0750–AG47 

DEPARTMENT OF DEFENSE (DOD) 

Defense Acquisition Regulations 

Council (DARC) 

Final Rule Stage 

253. Government Support Contractor 

Access to Technical Data (DFARS Case 

2009–D031) 

Legal Authority: Pub. L. 111–84; 41 

U.S.C. 1303 

Abstract: DoD is amending the 

Defense Federal Acquisition Regulation 

Supplement (DFARS) to implement 

section 821 of the National Defense 

Authorization Act for Fiscal Year 2010. 

Section 821 authorizes certain types of 

Government support contractors to have 

access to proprietary technical data 

belonging to prime contractors and 

other third parties, provided that the 

owner of the technical data may require 

the support contractor to sign a nondisclosure agreement. These 

nondisclosure agreements, having 

certain restrictions and legal or 

equitable remedies, protect the owner of 

the technical data against disclosure of 

confidential information. Additionally, 

this rule implements a third statutory 

exception to the prohibition on release 

of privately developed data outside the 

Government. This new statutory 

exception allows 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 nondisclosure 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. The impact of this 

rule on small business is not expected 

to be significant because the nondisclosure 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 End.

05/02/11 

Final Action ......... 03/00/13 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Manuel Quinones, 

Department of Defense, Defense 

Acquisition Regulations Council, 4800 

Mark Center Drive, Suite15D07–2, 

Alexandria, VA 22350, Phone: 571 372– 

6088, Email: manuel.quinones@osd.mil. 

RIN: 0750–AG95 

254. Proposal Adequacy Checklist 

(DFARS Case 2011–D042) 

Legal Authority: 41 U.S.C. 1303. 

Abstract: DoD is amending the 

Defense Federal Acquisition Regulation 

Supplement (DFARS) to add a checklist 

for DoD contractors to complete under 

solicitations that require submission of 

certified cost or pricing data and the 

Contracting Officer chooses to use the 

associated provision. This rule supports 

one of DoD’s Better Buying Power 

initiatives. The purpose of the Proposal 

Adequacy Checklist and associated 

solicitation provision is to ensure 

offerors submit thorough, accurate, and 

complete proposals. This rule is not 

expected to have a significant economic 

impact on small businesses. 

Timetable: 

Action Date FR Cite 

NPRM .................. 12/02/11 76 FR 75512 

NPRM Comment 

Period End.

01/21/12 

Final Action ......... 02/00/13 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Manuel Quinones, 

Department of Defense, Defense 

Acquisition Regulations Council, 4800 

Mark Center Drive, Suite15D07–2, 

Alexandria, VA 22350, Phone: 571 372– 

6088, Email: manuel.quinones@osd.mil. 

RIN: 0750–AH47 

255. 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: 

Action Date FR Cite 

NPRM .................. 07/24/12 77 FR 43474 

NPRM Comment 

Period End.

09/24/12 

Final Action ......... 02/00/13 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Manuel Quinones, 

Department of Defense, Defense 

Acquisition Regulations Council, 4800 

Mark Center Drive, Suite15D07–2, 

Alexandria, VA 22350, Phone: 571 372– 

6088, Email: manuel.quinones@osd.mil. 

RIN: 0750–AH58 

DEPARTMENT OF DEFENSE (DOD) 

Defense Acquisition Regulations 

Council (DARC) 

Completed Actions 

256. Reporting of GovernmentFurnished Property (DFARS Case 2012– 

D001) 

Legal Authority: 41 U.S.C. 1303 

Abstract: DoD amended the Defense 

Federal Acquisition Regulation 

Supplement (DFARS)to revise and 

standardize reporting requirements for 

Government-furnished property to 

include items uniquely and nonuniquely identified. The objective of the 

rule is to improve the accountability 

and control of DoD assets. The revisions 

modify and standardize contractor 

Government property reporting 

requirements. This rule alters the 

requirements of the current clause, 

which requires Defense contractors to 

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Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / Unified Agenda 1565 

furnished equipment items valued at 

$5,000 or more, to a new requirement to 

report all serially managed Governmentfurnished property regardless of unit 

acquisition cost. The clause at 252.211– 

7007, is being renamed as ‘‘Reporting of 

Government-Furnished Property,’’ and 

is being revised to expand definitions, 

and provide guidance on reporting of 

GFP. This clause applies to commercial 

contracts that have GFP and reporting 

applicability, and is added to the list of 

solicitation provisions and contract 

clauses applicable to the acquisition of 

commercial items at DFARS 212.301. 

Additionally, the clause at 252.251– 

7000 is being revised to require 

electronic receipts of property obtained 

from Government supply sources. DoD 

estimates that approximately one-fourth 

of all contractors in possession of 

Government-furnished property are 

small business. All DoD contractors in 

possession of Government property will 

be equally affected by the revision in 

reporting requirements. 

Timetable: 

Action Date FR Cite 

NPRM .................. 12/22/10 75 FR 80426 

NPRM Comment 

Period Extended.

02/18/11 76 FR 9527 

Public Meeting .... 03/18/11 76 FR 11190 

NPRM Comment 

Period End.

04/08/11 

Second NPRM .... 10/19/11 76 FR 64885 

Second NPRM 

Comment Period End.

12/19/11 

Final Action ......... 08/29/12 77 FR 52254 

Final Action Effective.08/29/12 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Manuel Quinones, 

Department of Defense, Defense 

Acquisition Regulations Council, 4800 

Mark Center Drive, Suite15D07–2, 

Alexandria, VA 22350, Phone: 571 372– 

6088, Email: manuel.quinones@osd.mil. 

RIN: 0750–AG83 

DEPARTMENT OF DEFENSE (DOD) 

Office of Assistant Secretary for Health 

Affairs (DODOASHA) 

Final Rule Stage 

257. Tricare; Reimbursement of Sole 

Community Hospitals 

Regulatory Plan: This entry is Seq. 

No. 27 in part II of this issue of the 

Federal Register. 

RIN: 0720–AB41 

[FR Doc. 2012–31491 Filed 1–7–13; 8:45 am] 

BILLING CODE 5001–06–P 

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Vol. 78 Tuesday, 

No. 5 January 8, 2013 

Part VI 

Department of Education 

Semiannual Regulatory Agenda 

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