22848 Federal Register / Vol. 76, No. 79 / Monday, April 25, 2011 / Proposed Rules 

Issued in Washington, DC, on April 6, 

2011, by the Commission. 

David A. Stawick, 

Secretary of the Commission. 

[FR Doc. 2011–9446 Filed 4–22–11; 8:45 am] 

BILLING CODE 6351–01–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 83 

[Docket ID DOD–2010–OS–0108] 

RIN 0790–AI63 

Alternative Dispute Resolution (ADR) 

and Conflict Management 

AGENCY: Defense Legal Services Agency, 

DoD. 

ACTION: Proposed rule. 

SUMMARY: This part establishes policy 

and assigns responsibilities. It 

establishes a framework for encouraging 

the expanded use of alternative means 

of dispute resolution and conflict 

management practices as an integral 

part of normal business practices within 

the Department of Defense. 

DATES: Comments must be received by 

June 24, 2011. 

ADDRESSES: You may submit comments, 

identified by docket number and or RIN 

number and title, by any of the 

following methods: 

• Federal Rulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Federal Docket Management 

System Office, 1160 Defense Pentagon, 

Room 3C843, Washington, DC 20301– 

1160. 

Instructions: All submissions received 

must include the agency name and 

docket number or Regulatory 

Information Number (RIN) for this 

Federal Register document. The general 

policy for comments and other 

submissions from members of the public 

is to make these submissions available 

for public viewing on the Internet at 

http://www.regulations.gov as they are 

received without change, including any 

personal identifiers or contact 

information. 

FOR FURTHER INFORMATION CONTACT: 

Christine M. Kopocis, 703–696–1809. 

SUPPLEMENTARY INFORMATION: 

Regulatory Procedures 

Executive Order 12866, ‘‘Regulatory 

Planning and Review’’ and Executive 

Order 13563, ‘‘Improving Regulation 

and Regulatory Review’’ 

It has been certified that 32 CFR part 

83 does not: 

(1) Have an annual effect on the 

economy of $100 million or more or 

adversely affect in a material way the 

economy; a section of the economy; 

productivity; competition; jobs; the 

environment; public health or safety; or 

State, local, or tribal governments or 

communities; 

(2) Create a serious inconsistency or 

otherwise interfere with an action taken 

or planned by another Agency; 

(3) Materially alter the budgetary 

impact of entitlements, grants, user fees, 

or loan programs, or the rights and 

obligations of recipients thereof; or 

(4) Raise novel legal or policy issues 

arising out of legal mandates, the 

President’s priorities, or the principles 

set forth in these Executive Orders. 

Sec. 202, Public Law 104–4, ‘‘Unfunded 

Mandates Reform Act’’ 

It has been certified that 32 CFR part 

83 does not contain a Federal mandate 

that may result in expenditure by State, 

local and tribal governments, in 

aggregate, or by the private sector, of 

$100 million or more in any one year. 

Public Law 96–354, ‘‘Regulatory 

Flexibility Act’’ (5 U.S.C. 601) 

It has been certified that 32 CFR part 

83 is not subject to the Regulatory 

Flexibility Act (5 U.S.C. 601) because it 

[would or would not], if promulgated, 

have a significant economic impact on 

a substantial number of small entities. 

Public Law 96–511, ‘‘Paperwork 

Reduction Act’’ (44 U.S.C. Chapter 35) 

It has been certified that 32 CFR part 

83 does not impose reporting or 

recordkeeping requirements under the 

Paperwork Reduction Act of 1995. 

Executive Order 13132, ‘‘Federalism’’ 

It has been certified that 32 CFR part 

83 does not have federalism 

implications, as set forth in Executive 

Order 13132. This rule does not have 

substantial direct effects on: 

(1) The States; 

(2) The relationship between the 

National Government and the States; or 

(3) The distribution of power and 

responsibilities among the various 

levels of Government. 

List of Subjects in 32 CFR Part 83 

Personnel, Dispute resolution. 

Accordingly, 32 CFR Part 83 is 

proposed to be added to read as follows: 

PART 83—ALTERNATIVE DISPUTE 

RESOLUTION (ADR) AND CONFLICT 

MANAGEMENT 

Sec. 

83.1 Purpose. 

83.2 Applicability. 

83.3 Definitions. 

83.4 Policy. 

83.5 Responsibilities. 

Authority: 5 U.S.C. 571–584; Executive 

Order 12988. 

§ 83.1 Purpose. 

This part: 

(a) Establishes policy pursuant to title 

5, United States Code (U.S.C.) 571–584 

and Executive Order 12988. 

(b) Assigns responsibilities, and 

(c) Establishes a framework for 

encouraging the expanded use of 

alternative means of dispute resolution 

and conflict management practices as an 

integral part of normal business 

practices within the Department of 

Defense. 

§ 83.2 Applicability. 

This part applies to the Office of the 

Secretary of Defense, the Military 

Departments, the Office of the Chairman 

of the Joint Chiefs of Staff and the Joint 

Staff, the Combatant Commands, the 

Office of the Inspector General of the 

Department of Defense, the Defense 

Agencies, the DoD Field Activities, and 

all other organizational entities within 

the Department of Defense (hereafter 

referred to collectively as the ‘‘DoD 

Components’’). 

§ 83.3 Definitions. 

These terms and their definitions are 

for the purpose of this part. 

Alternative dispute resolution (ADR). 

Any procedure that is used to resolve 

issues in controversy, including, but not 

limited to, conciliation, facilitation, 

mediation, fact finding, mini-trials, 

arbitration, and use of ombuds, or any 

combination thereof. 

ADR coordinating committee. The 

group consisting of the dispute 

resolution specialists designated under 

title 5 U.S.C. 571–584 or their 

representatives from the DoD 

Components and other officials 

appointed by the Deputy General 

Counsel (Legal Counsel) (DGC(LC)). The 

purpose of the ADR Coordinating 

Committee is to promote among the DoD 

Components the exchange of 

information on ADR and conflict 

management design and 

implementation. 

Conflict management. A systemic 

process used to proactively identify and 

manage, at the earliest stage possible, 

conflict that can lead to one or more 

disputes, for the purpose of reducing the 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
Federal Register / Vol. 76, No. 79 / Monday, April 25, 2011 / Proposed Rules 22849 

incidence of disputes and increasing the 

likelihood that disputes that do arise 

may be resolved efficiently, effectively, 

and expeditiously. Techniques used in 

the process include, but are not limited 

to, structured unassisted negotiation 

(e.g., use of interest-based negotiation 

techniques), joint or collaborative 

problem-solving, coaching, and the 

design of an integrated conflict 

management system. 

§ 83.4 Policy. 

It is DoD policy that: 

(a) The Department of Defense shall 

foster and advance collaboration and 

coordination among the DoD 

Components on the use of ADR and 

conflict management practices. 

(b) Each DoD Component shall 

establish and implement ADR 

program(s) to resolve disputes at the 

earliest possible stage of the dispute and 

at the lowest possible organizational 

level. Any dispute, regardless of subject 

matter, is a potential candidate for ADR. 

(c) DoD personnel are encouraged to 

identify and address underlying conflict 

in order to prevent and avoid disputes. 

(d) All personally identifiable 

information (PII) collected during the 

course of the ADR process shall be 

maintained and protected in accordance 

with title 32, Code of Federal 

Regulations (CFR) part 310. 

§ 83.5 Responsibilities. 

(a) The General Counsel, Department 

of Defense (GC, DoD) shall develop 

policy and provide guidance on the 

administration of ADR. 

(b) The DGC(LC), under the authority, 

direction, and control of the GC, DoD, 

shall: 

(1) Monitor the implementation of 

policies and procedures pertaining to 

the use of ADR and conflict 

management practices within the 

Department of Defense. 

(2) Establish a data collection and 

reporting system to evaluate the use of 

ADR and conflict management 

practices, as determined necessary, 

within the Department of Defense. 

(3) Provide reports, as determined 

necessary, to the Secretary of Defense on 

the use of ADR within the Department 

of Defense. 

(4) Chair the ADR Coordinating 

Committee. 

(5) Ensure that the ADR Coordinating 

Committee: 

(i) Shares information among the DoD 

Components on ADR and conflict 

management policies and practices. 

(ii) Collaborates, as needed, in the 

design and implementation of ADR and 

conflict management practices. 

(iii) Collaborates with other programs 

in the Department of Defense (e.g., 

Equal Employment Opportunity (EEO)) 

as needed to integrate ADR and conflict 

management into the normal business 

practices of the Department of Defense. 

(iv) Establishes DoD-wide working 

groups and takes other steps to 

coordinate and facilitate ADR and 

conflict management practices within 

the Department of Defense. 

(6) Ensure that the Associate Director, 

Center for Alternative Dispute 

Resolution, Defense Office of Hearings 

and Appeals: 

(i) Provides support to the DGC(LC) in 

fulfilling the duties under this part. 

(ii) Provides facilitation, 

administrative, and substantive support 

for the activities of the ADR 

Coordinating Committee. 

(iii) Represents the Department of 

Defense as a member of the Interagency 

ADR Working Group Steering 

Committee. 

(iv) Upon request of a DoD 

Component, provides consulting, 

education, and referral services for the 

design, implementation, training, and 

evaluation of ADR and conflict 

management practices. 

(v) Upon request of a DoD 

Component, designates and makes 

available third-party neutrals qualified 

to conduct ADR and conflict 

management processes specified by the 

DGC(LC). 

(c) The Director, Washington 

Headquarters Services (WHS), under the 

authority, direction, and control of the 

Director of Administration and 

Management, shall offer ADR services to 

WHS serviced customers in accordance 

with Administrative Instruction 106 (see 

http://www.dtic.mil/whs/directives/ 

corres/pdf/a106p.pdf). 

(d) The Heads of DoD Components 

shall: 

(1) Appoint a dispute resolution 

specialist as the term is used in title 5 

U.S.C. 571–584 and inform the 

Associate Director, Center for 

Alternative Dispute Resolution, of the 

appointment. 

(2) Establish, implement, and operate 

programs to expand the use of ADR and 

conflict management practices that are 

appropriate to their Component and in 

accordance with public law and DoD 

policy. 

(3) Review and revise, where 

appropriate, existing ADR and conflict 

management practices to promote 

increased awareness and use of ADR 

and conflict management consistent 

with DoD policy. 

(4) Consistent with accomplishing 

their assigned missions, actively 

promote the use of ADR and conflict 

management practices. 

(5) Identify and eliminate barriers to 

the use of ADR and conflict 

management practices. 

(6) Provide copies of Component ADR 

policies and implementing procedures 

to the Associate Director, Center for 

Alternative Dispute Resolution. 

(7) Provide representatives and 

information to the ADR Coordinating 

Committee and working groups, as 

requested. 

(8) Provide training to employees 

involved in implementing and 

maintaining the Component’s ADR 

policy and program. 

(9) Collaborate with other DoD 

Components and other offices (e.g., 

Equal Employment Office) as 

appropriate when designing and 

implementing ADR and conflict 

management policies and procedures. 

(10) Establish a data collection system 

to monitor ADR and conflict 

management practices as determined 

necessary and in compliance with the 

information requirement in § 83.6 of this 

part. 

(11) Link the Component’s ADR Web 

site, if one is established, to the ADR 

Web sites of other DoD Components as 

well as to the Interagency ADR Working 

Group Steering Committee Web site at 

http://www.adr.gov. 

(12) Use existing Government 

resources, to the extent possible, to 

avoid unnecessary expenditure of time 

and money when designing and 

implementing dispute resolution and 

conflict management programs. 

(13) Provide sufficient resources, 

including dedicated personnel 

resources, as necessary, to fulfill the 

responsibilities listed in this part. 

(14) Ensure the collection, use, and 

release of PII complies with title 5 

U.S.C. 552a as implemented by title 32 

CFR part 310. 

Dated: March 2, 2011. 

Patricia L. Toppings, 

OSD Federal Register Liaison Officer, 

Department of Defense. 

[FR Doc. 2011–9750 Filed 4–22–11; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 223 

[Docket ID: DOD–2010–OS–0108] 

RIN 0790–AI64 

DoD Unclassified Controlled Nuclear 

Information (UCNI) 

AGENCY: Department of Defense 

ACTION: Proposed rule. 


emcdonald on DSK2BSOYB1PROD with PROPOSALS