Monday, 

December 20, 2010 

Part V 

Department of 

Defense 

Semiannual Regulatory Agenda 


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79752 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda 

DEPARTMENT OF DEFENSE (DOD) 

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 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 www.regulations.gov 

during the comment period that follows 

publication in the Federal Register. 

This agenda updates the report 

published on April 26, 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 spring 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: 

robert.cushing@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. 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: 

patricia.toppings@whs.mil. 

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: 

ynette.shelkin@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: AAHSRDR-C, Casey Building, Room 102, 7701 

Telegraph Road, Alexandria, VA 22315- 

3860, or e-mail: 

brenda.bowen@conus.army.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 e-mail: 

chip.smith@hqda.army.mil. 

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: 

daniel.werner@navy.mil. 

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: baoanh.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, 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 


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Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda 79753 

DOD 

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, 

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 10, 2010. 

Michael L. Rhodes, 

Director, Administration and Management. 

Defense Acquisition Regulations Council—Final Rule Stage 

Sequence 

Number Title 

Regulation 

Identifier 

Number 

295 Restriction on Ball and Roller Bearings (DFARS Case 2006-D029) ............................................................................ 0750–AG57 

296 Business Systems—Definition and Administration (DFARS Case 2009-D038) ........................................................... 0750–AG58 

297 Warranty Tracking of Serialized Items (DFARS Case 2009-D018) .............................................................................. 0750–AG74 

Office of Assistant Secretary for Health Affairs—Proposed Rule Stage 

Sequence 

Number Title 

Regulation 

Identifier 

Number 

298 TRICARE; Reimbursement of Sole Community Hospitals (Reg Plan Seq No. 32) .................................................... 0720–AB41 

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

Department of Defense (DOD) Final Rule Stage 

Defense Acquisition Regulations Council (DARC) 

295. RESTRICTION ON BALL AND 

ROLLER BEARINGS (DFARS CASE 

2006–D029) 

Legal Authority: 41 USC 421 

Abstract: Revises the domestic source 

restriction on acquisition of ball and 

roller bearings. The current DFARS 

restriction on ball and roller bearings 

requires that the bearings and the main 

bearing components be manufactured 

in the U.S. or Canada. This requirement 

was based on the restriction at 10 

U.S.C. 2534(a)(5), which expired on 

October 1, 2005. The proposed revision 

interprets the annual defense 

appropriations act domestic source 

restriction on acquisition of ball and 

roller bearings in a manner similar to 

the domestic source restriction of the 

Buy American Act. 

Timetable: 

Action Date FR Cite 

NPRM 05/07/10 75 FR 25167 

NPRM Comment 

Period End 

07/06/10 

Final Action 12/00/10 

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 

Email: ynette.shelkin@osd.mil 

RIN: 0750–AG57 

296. BUSINESS SYSTEMS— 

DEFINITION AND ADMINISTRATION 

(DFARS CASE 2009–D038) 

Legal Authority: 41 USC 421 

Abstract: Improves the effectiveness of 

DoD oversight of contractor business 

systems. 

Timetable: 

Action Date FR Cite 

NPRM 01/15/10 75 FR 2457 

NPRM Comment 

Period End 

03/16/10 

Final Action 03/00/11 


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79754 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda 

DOD—DARC Final Rule Stage 

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 

Email: ynette.shelkin@osd.mil 

RIN: 0750–AG58 

297. ∑ WARRANTY TRACKING OF 

SERIALIZED ITEMS (DFARS CASE 

2009–D018) 

Legal Authority: 41 USC 401 

Abstract: 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. 

Timetable: 

Action Date FR Cite 

NPRM 08/30/10 75 FR 52917 

Action Date FR Cite 

NPRM Comment 

Period End 

10/29/10 

Final Action 05/00/11 

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 

Email: ynette.shelkin@osd.mil 

RIN: 0750–AG74 

Department of Defense (DOD) Proposed Rule Stage 

Office of Assistant Secretary for Health Affairs (DODOASHA) 

298. ∑ TRICARE; REIMBURSEMENT 

OF SOLE COMMUNITY HOSPITALS 

Regulatory Plan: This entry is Seq. No. 

32 in part II of this issue of the Federal 

Register. 

RIN: 0720–AB41 

[FR Doc. 2010–30443 Filed 12–17–10; 8:45 

am] 

BILLING CODE 5001–06–S 


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