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 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 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 December 20, 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 fall 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 email: robert.cushing@whs.mil 

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Regulations.gov Thursday, July 7, 2011 Unified Agenda
 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 email: 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 email: 

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: 

AAHS-RDR-C, Casey Building, Room 102, 7701 Telegraph Road, Alexandria, Virginia 22315-3860, or 

email: 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 email: 

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 email: 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 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, 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 

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. 

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Regulations.gov Thursday, July 7, 2011 Unified Agenda
 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: February 4, 2011. 

NAME: Michael L. Rhodes, 

Director, Administration and Management. 

3

Regulations.gov Thursday, July 7, 2011 Unified Agenda
The 143 Regulatory Agendas

Department of the Army - Proposed Rule

Title

Regulation 

Identifier 

Number

Army National Cemeteries 0702-AA60

Military Police Law Enforcement Reporting and Operations 0702-AA62

Department of the Army - Completed Action

Title

Regulation 

Identifier 

Number

Radiation Sources on Army Land 0702-AA58

Department of the Navy - Proposed Rule

Title

Regulation 

Identifier 

Number

United States Navy Regulations and Official Records 0703-AA87

Department of Navy Privacy Program 0703-AA89

Department of the Navy - Final Rule

Title

Regulation 

Identifier 

Number

Professional Conduct of Attorneys Practicing Under the Cognizance and Supervision of the Judge Advocate General 0703-AA88

U.S. Army Corps of Engineers - Proposed Rule

Title

Regulation 

Identifier 

Number

Civil Monetary Penalty Inflation Adjustment Rule 0710-AA66

Procedures for Implementing the National Environmental Policy Act 0710-AA70

Issuing and Reissuing Nationwide Permits 0710-AA71

U.S. Army Corps of Engineers - Final Rule

Title

Regulation 

Identifier 

Number

Nationwide Permit Program Regulations 0710-AA60

Continuing Contract for Civil Works Project Managed by the United States Army Corps of Engineers Clauses 0710-AA69

Office of Assistant Secretary for Health Affairs - Proposed Rule

Title

Regulation 

Identifier 

Number

TRICARE; Reimbursement of Sole Community Hospitals 0720-AB41

TRICARE and Long-Term Care Hospital Prospective Payment System 0720-AB47

Office of Assistant Secretary for Health Affairs - Final Rule

Title

Regulation 

Identifier 

Number

Civilian Health and Medical Program of the Uniformed Services (CHAMPUS); Double Coverage 0720-AA50

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Regulations.gov Thursday, July 7, 2011 Unified Agenda
TRICARE Program; Routine Care Not Directly Related to Study, Grant, or Research Program 0720-AA98

Civilian Health and Medical Program of the Uniformed Services (CHAMPUS); TRICARE Reserve Select for Members of

the Selected Reserve 0720-AB15

TRICARE; Off-Label Uses of Devices; Partial List of Examples of Unproven Drugs, Devices, and Medical Treatments or

Procedures 0720-AB23

TRICARE; Continued Health Care Benefit Program Expansion 0720-AB30

TRICARE; Inclusion of Retail Network Pharmacies as Authorized TRICARE Providers for the Administration of TRICARE

Covered Vaccines 0720-AB37

TRICARE: Elimination of Co-Payments for Authorized Preventive Services for Certain TRICARE Standard Beneficiaries 0720-AB38

TRICARE Retired Reserve for Members of the Retired Reserve 0720-AB39

TRICARE; Changes Included in the National Defense Authorization Act for Fiscal Year 2010; Expansion of Survivor

Eligibility Under the TRICARE Dental Program 0720-AB40

TRICARE; Reimbursement for Travel for Specialty Care Under Exceptional Circumstances 0720-AB42

TRICARE Reimbursement Revisions 0720-AB43

TRICARE: Unfortunate Sequelae From Noncovered Services in a Military Treatment Facility 0720-AB44

TRICARE; Enhancement of Transitional Dental Care for Members of the Reserve Component on Active Duty for More

Than 30 Days in Support of a Contingency Operation 0720-AB46

Office of Assistant Secretary for Health Affairs - Completed Action

Title

Regulation 

Identifier 

Number

TRICARE; Morbid Obesity 0720-AB24

TRICARE; Coverage of National Cancer Institute (NCI) Sponsored Phase I Studies 0720-AB31

Defense Acquisition Regulations Council - Proposed Rule

Title

Regulation 

Identifier 

Number

Safeguarding Unclassified DoD Information (DFARS Case 2008-D028) 0750-AG47

Construction and Architect-Engineer Services Performance Evaluation (DFARS Case 2010-D024) 0750-AG91

Representation Regarding Compensation of Former DoD Officials (DFARS Case 2010-D020) 0750-AG99

Option to Extend Services (DFARS Case 2011-D003) 0750-AH01

Creation of Representation for Nontraditional Contractor (DFARS Case 2009-D013) 0750-AH04

Ships Bunkers Easy Acquisition (SEA) Card® and Aircraft Ground Services (DFARS Case 2009-D019) 0750-AH07

Accelerated Payments to Small Business (DFARS Case 2011-D008) 0750-AH19

Definition of "Qualifying Country End Product" (DFARS Case 2011-D028) 0750-AH21

Defense Acquisition Regulations Council - Final Rule

Title

Regulation 

Identifier 

Number

Presumption of Development at Private Expense (DFARS Case 2007-D003) 0750-AF84

Acquisition of Commercial Items (DFARS Case 2008-D011) 0750-AG23

Defense Cargo Riding Gang Member (DFARS Case 2007-D002) 0750-AG25

Government Property (DFARS Case 2009-D008) 0750-AG38

Annual Representations and Certifications (DFARS Case 2009-D011) 0750-AG39

Business Systems--Definition and Administration (DFARS Case 2009-D038) 0750-AG58

Patents, Data, and Copyrights (DFARS Case 2010-D001) 0750-AG62

Notification Requirements for Awards of Single-Source Task or Delivery Orders (DFARS Case 2009-D036) 0750-AG66

Guidance on Personal Services (DFARS Case 2009-D028) 0750-AG72

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

Ownership or Control by a Foreign Government (DFARS Case 2010-D010) 0750-AG78

Multiyear Contracting (DFARS Case 2009-D026) 0750-AG79

Discussions Prior to Contract Award (DFARS Case 2010-D013) 0750-AG82

Reporting of Government-Furnished Property (DFARS Case 2009-D043) 0750-AG83

Prohibition on Interrogation of Detainees by Contractor Personnel (DFARS Case 2010-D027) 0750-AG88

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Regulations.gov Thursday, July 7, 2011 Unified Agenda
Participation of Historically Black Colleges and Universities and Minority-Serving Institutions in Defense Research

Programs 0750-AG90

Identification of Critical Safety Items 0750-AG92

Definition of Sexual Assault; DFARS Case 2010-D023 0750-AG93

Responsibility and Liability for Government Property (DFARS Case 2010-D018) 0750-AG94

Government Support Contractor Access to Technical Data (DFARS Case 2009-D031) 0750-AG95

Independent Research and Development Technical Descriptions (DFARS Case 2010-D011) 0750-AG96

Agency Office of the Inspector General (DFARS Case 2011-D006) 0750-AG97

Display of DoD Inspector General Fraud Hotline Posters (DFARS Case 2010-D026) 0750-AG98

Alternative Line-Item Structure (DFARS Case 2010-D017) 0750-AH02

Passive Radio Frequency Identification (DFARS Case 2010-D014) 0750-AH05

Definition of Multiple-Award Contract (DFARS Case 2011-D016) 0750-AH12

Assignment of Order Code (DFARS Case 2011-D004) 0750-AH13

Increase the Use of Fixed-Price Incentive (Firm Target) Contracts (DFARS Case 2011-D010) 0750-AH15

Foreign Acquisition Amendments (DFARS Case 2011-D017) 0750-AH16

Nonavailability Exception for Procurement of Hand or Measuring Tools (DFARS Case 2011-D025) 0750-AH17

Electronic Ordering Procedures (DFARS Case 2009-D037) 0750-AH20

Defense Acquisition Regulations Council - Long-term Action

Title

Regulation 

Identifier 

Number

Minimizing the Use of Materials Containing Hexavalent Chromium (DFARS Case 2009-D004) 0750-AG35

Electronic Subcontracting Reporting System (DFARS Case 2009-D002) 0750-AG40

Evaluated Priced Options on Existing Federal Prison Industries Contracts 0750-AH00

Notification of Subcontractor Compliance (DFARS Case 2011-D007) 0750-AH10

Only One Offer (DFARS Case 2011-D013) 0750-AH11

Defense Acquisition Regulations Council - Completed Action

Title

Regulation 

Identifier 

Number

Award Fee Contracts (DFARS Case 2006-D021) 0750-AF51

Reporting of Government Property Losses (DFARS Case 2008-D049) 0750-AG43

Government-Furnished Equipment Marking (DFARS Case 2008-D050) 0750-AG44

Preservation of Tooling for Major Defense Acquisition Programs (DFARS Case 2008-D042) 0750-AG45

Cost and Software Data Reporting (DFARS Case 2008-D027) 0750-AG46

Multiyear Contract Authority for Electricity From Renewable Energy Sources (DFARS Case 2008-D006) 0750-AG48

Foreign Participation in Acquisitions in Support of Operations in Afghanistan (DFARS Case 2009-D012) 0750-AG51

Continuation of Essential Contractor Services (DFARS Case 2009-D017) 0750-AG52

Payments in Support of Emergencies and Contingencies (DFARS Case 2009-D020) 0750-AG56

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

Trade Agreements Thresholds (DFARS Case 2009-D040) 0750-AG59

Balance of Payments Program Exemption for Commercial Information Technology-Construction Material (DFARS Case

2009-D041) 0750-AG60

Organizational Conflicts of Interest in Major Defense Acquisition Programs (DFARS Case 2009-D015) 0750-AG63

Reporting of Government Property Lost, Stolen, Damaged, or Destroyed (DFARS Case 2008-D049) 0750-AG64

Limitations on Procurements With Non-Defense Agencies (DFARS Case 2009-D027) 0750-AG67

Publication of Notification of Bundling of Contracts of the Department of Defense (DFARS Case 2009-D033) 0750-AG69

Restrictions on the Use of Mandatory Arbitration Agreements (DFARS Case 2010-D004) 0750-AG70

Prohibition on Award of Prime Vendor Contracts for Depot-Level Maintenance and Repair Prior to Submission of Report

to Congress (DFARS Case 2010-D003) 0750-AG71

Safety of Facilities, Infrastructure, and Equipment for Military Operations (DFARS Case 2009-D029) 0750-AG73

Contract Authority for Advanced Component Development or Prototype Units (DFARS Case 2009-D034) 0750-AG76

Contractor Insurance/Pension Review (DFARS Case 2009-D025) 0750-AG77

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Regulations.gov Thursday, July 7, 2011 Unified Agenda
Foreign Participation in Acquisitions in Support of Operations in Afghanistan (DFARS Case 2009-D012) 0750-AG80

Continuation of Current Contracts--Deletion of Redundant Text (DFARS Case 2010-D016) 0750-AG84

DoD Office of the Inspector General Address (DFARS Case 2010-D015) 0750-AG85

Services of Senior Mentors (DFARS Case 2010-D025) 0750-AG87

Repeal of the Small Business Competitiveness Demonstration (DFARS Case 2011-D001) 0750-AH06

Repeal of Restriction on Ballistic Missile Defense Research, Development, Test, and Evaluation (DFARS Case 2011-

D026) 0750-AH18

Office of the Secretary - Proposed Rule

Title

Regulation 

Identifier 

Number

DoD Directives, Instructions, Publications, Office of the Secretary of Defense Administrative Instructions, and DoD Forms 0790-AI22

Mass Transportation Benefit Program (MTBP) 0790-AI25

Implementation of the National Voter Registration Act (NVRA) (DoD Instruction 1344.13) 0790-AI27

Defense Contract Audit Agency (DCAA) Privacy Program 0790-AI31

Defense Contract Audit Agency (DCAA) Freedom of Information Act Program 0790-AI32

Sexual Assault Prevention and Response Program Procedures (DoDI 6495.02) 0790-AI36

Sexual Assault Prevention and Response (SAPR) Program (DoDD 6495.01) 0790-AI37

Family Advocacy Program (FAP) (DoDI 6400.01) 0790-AI39

Family Advocacy Command Assistance Team (FACAT) (DoDI 6400.03) 0790-AI40

Defense Industrial Personnel Security Clearance Review Program (DoDI 5220.06) 0790-AI41

Recoupment of Nonrecurring Costs (NCs) on Sales of U.S. Items (DoDI 2140.02) 0790-AI45

Financial Institutions on DoD Installations (DoDI 1000.11) 0790-AI46

Financial Institutions on DoD Installations (DoD 7000.14-R, VOL 5, Chapter 34) 0790-AI47

Child Abuse and Domestic Abuse Incident Reporting System (DoD 6400.01-M-V2, -V3, & -V4) 0790-AI49

Procedural Guidance for Industrial Personnel Security Clearance Review Program (DoDI 5220.aa) 0790-AI53

Junior Reserve Officers' Training Corps (JROTC) Program (DoDI 1205.13) 0790-AI57

Alternative Dispute Resolution 0790-AI63

DoD Unclassified Controlled Nuclear Information (UCNI) 0790-AI64

DoD Commercial Air Transportation Quality and Safety Review Program (4500.53) 0790-AI65

Deoxyribonucleic Acid (DNA) Family Reference Sample (FRS) Collection (2310.ll) 0790-AI68

Office of the Secretary - Final Rule

Title

Regulation 

Identifier 

Number

Transporter Proof of Delivery 0790-AI05

Service Academies (DoD Instruction 1322) 0790-AI19

DoD Freedom of Information Act (FOIA) Program Regulation (DoD 5400.07-R) 0790-AI24

Information Assurance Scholarship Program (IASP) (DoD Instruction 8145.aa) 0790-AI28

Office of the Secretary of Defense and Joint Staff Freedom of Information Act Program 0790-AI29

Defense Contract Management Agency (DCMA) Privacy Program 0790-AI30

Reduction of Use of Social Security Numbers (SSN) in the Department of Defense (DoD) 0790-AI33

Private Security Contractors Operating in Contingency Operations (DoDI 3020.pp) 0790-AI38

Department of Defense Personnel Security Program (DoDI 5200.02) 0790-AI42

Post 9-11 GI Bill 0790-AI43

Program Management for the Preparation and Execution of Acquisitions for Contingency Operations (DoDI 3020.41) 0790-AI48

Voluntary Education Programs 0790-AI50

DoD Freedom of Information Act (FOIA) Program; Amendment (DoD Directive 5400.07) 0790-AI51

Defense Support of Civilian Law Enforcement Agencies (DoDI 3025.ff) 0790-AI54

Defense Support of Special Events (DoDI 3025.gg) 0790-AI55

Defense Industrial Base (DIB) Cyber Security/Information Assurance (CS/IA) Activities 0790-AI60

Identification (ID) Cards for Members of the Uniformed Services, Their Dependents, and Other Eligible Individuals

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Regulations.gov Thursday, July 7, 2011 Unified Agenda
0790-AI61

DoD Mandatory Declassification Review (MDR) Program 0790-AI62

Pilot Program for the Temporary Exchange of Information Technology Personnel 0790-AI66

Revitalizing Base Closure Communities and Addressing Impacts of Realignment; Amendment 0790-AI67

Office of the Secretary - Long-term Action

Title

Regulation 

Identifier 

Number

Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals, and

Other Nonprofit Organizations 0790-AG76

DLA Procedures for Eligible Purchasers of Munitions List/Commerce Control List Items 0790-AI04

Office of the Secretary - Completed Action

Title

Regulation 

Identifier 

Number

Defense Support of Civil Authorities (DoD Directive 3025.dd) 0790-AI34

Health Care Eligibility Under the Secretarial Designee Program and Related Special Authorities (DoDI 6025.qq) 0790-AI52

Department of Defense (DOD) 

Department of the Army ( ARMY ) RIN: 0702-AA60

 View Related Documents

Title: Army National Cemeteries

Abstract: The Department of the Army intended to modify its regulation concerning Arlington National Cemetery. Army

Regulation 290-5 states the authority and assigns the responsibilities for the development, operation, maintenance, and

administration of the Arlington and the U.S. Soldier's and Airmen's Home National Cemeteries, civil works activities of the

Department of the Army. The regulation further prescribes policies and procedures on eligibility for interment, inurnment, and

memorialization; disinterments and disinurnments; the Arlington Memorial Amphitheater; solicitations; headstones, niche covers

and memorial markers; memorial and commemorative monuments, tributes to commemorate individuals, events, units, groups,

and/or organizations; visitors, media and videographer rules.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 553 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 24 USC ch 7; 24 USC 295a; 38 USC 2409; 38 USC 2410; 10 USC 936(a)(6); 24 USC 412; 18 USC 1751;

38 USC 2411; 38 USC ch 24; 18 USC ch 67

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 10/01/2008 73 FR 57107 

NPRM Comment Period End 12/01/2008 

Second NPRM 08/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Brenda S. Bowen Department of Defense

Department of the Army

U.S. Army Records Management and Declassification Agency ATTN: AAHS-RDR-C 7701 Telegraph Road

Alexandria , VA 22315-3860 

Phone: 703 428-6173 

FAX: 703 428-6514

E-Mail: brenda.bowen@conus.army.mil

Department of Defense (DOD) 

Department of the Army ( ARMY ) RIN: 0702-AA62

 View Related Documents

8

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Title: Military Police Law Enforcement Reporting and Operations

Abstract: The Department of the Army proposes to amend its regulation concerning law enforcement reporting to add policy on

sex offenders on Army Installations; policy pertaining to the collection of deoxyribonucleic acid (DNA) from individuals suspected

of certain offenses; and policy pertaining to the release of Military Police (MP) records. This rule also adds a reporting

requirement of domestic incidents to the Army Family Advocacy Program and Detention Cell Operations. This rule also

authorizes the limited use of the Federal Bureau of Investigations (FBI), National Crime Information Center (NCIC) to conduct

checks of visitors to an installation.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Proposed Rule

Major: Undetermined Unfunded Mandates: No

CFR Citation: 32 CFR 635 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 28 USC 534 note; 42 USC 10601; 18 USC 922; 42 USC 14071; 10 USC 1562; 10 USC ch 47

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Brenda S. Bowen Department of Defense

Department of the Army

U.S. Army Records Management and Declassification Agency ATTN: AAHS-RDR-C 7701 Telegraph Road

Alexandria , VA 22315-3860 

Phone: 703 428-6173 

FAX: 703 428-6514

E-Mail: brenda.bowen@conus.army.mil

Department of Defense (DOD) 

Department of the Army ( ARMY ) RIN: 0702-AA58

 View Related Documents

Title: Radiation Sources on Army Land

Abstract: The Department of the Army amended its regulation to title 32 Code of Federal Regulations section 655.10. The

Army requires non-Army agencies (including civilian contractors) to obtain an Army Radiation Permit (ARP) from the installation

commander to use, store, or possess ionizing radiation sources on an Army Installation. For the purpose of this paragraph,

"ionizing radiation source" means any source that, if held or owned by an Army organization, would require a specific Nuclear

Regulatory Commission (NRC) license or Army Radiation Authorization (ARA). The purpose of the ARP is to protect the public,

civilian employees, and military personnel on an installation from potential exposure to radioactive sources. The U.S. Army

Safety Office, who is the proponent for the Army Radiation Safety Program, revised the regulation to reflect the Nuclear

Regulatory Commission's changes to licensing of Naturally Occurring or Accelerator Produced Material (NARM).

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 655 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 10 USC 3012

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 04/14/2010 75 FR 19302 

NPRM Comment Period End 06/14/2010 75 FR 19302 

Final Action 02/08/2011 76 FR 6692 

Final Action Effective 03/10/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; State

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Brenda S. Bowen Department of Defense

Department of the Army

U.S. Army Records Management and Declassification Agency ATTN: AAHS-RDR-C 7701 Telegraph Road

9

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Alexandria , VA 22315-3860 

Phone: 703 428-6173 

FAX: 703 428-6514

E-Mail: brenda.bowen@conus.army.mil

Department of Defense (DOD) 

Department of the Navy ( NAVY ) RIN: 0703-AA87

 View Related Documents

Title: United States Navy Regulations and Official Records

Abstract: The proposed rule is primarily for the purpose of updating the CFR part to reflect changes within the Office of the

Secretary of the Navy and other administrative edits. The changes to several sub-parts are primarily for informational purposes.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 700 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 10 USC 6044

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Undetermined

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: LCDR Daniel Werner Department of Defense

Department of the Navy

1322 Patterson Ave SE Suite 3000 Washington Navy Yard

Washington , DC 20374-5066 

Phone: 703 614-7408 

FAX: 703 614-9400

E-Mail: daniel.werner@navy.mil

Department of Defense (DOD) 

Department of the Navy ( NAVY ) RIN: 0703-AA89

 View Related Documents

Title: Department of Navy Privacy Program

Abstract: The primary purpose of this rule is to update the CFR to reflect changes within the Office of the Secretary of the

Navy and to incorporate other administrative changes.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: Undetermined Unfunded Mandates: No

CFR Citation: 32 CFR 701 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: Not Yet Determined

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: LCDR Daniel Werner Department of Defense

Department of the Navy

1322 Patterson Ave SE Suite 3000 Washington Navy Yard

Washington , DC 20374-5066 

Phone: 703 614-7408 

10

Regulations.gov Thursday, July 7, 2011 Unified Agenda
FAX: 703 614-9400

E-Mail: daniel.werner@navy.mil

Department of Defense (DOD) 

Department of the Navy ( NAVY ) RIN: 0703-AA88

 View Related Documents

Title: Professional Conduct of Attorneys Practicing Under the Cognizance and Supervision of the Judge Advocate General

Abstract: The Department of the Navy is amending its rules to update existing sections relating to the professional conduct of

attorneys practicing under the cognizance and supervision of the Judge Advocate General (JAG) for clients with diminished

capacity. The rule allows a covered attorney to take preventative action when the attorney reasonably believes that a client has

diminished capacity and is at risk of substantial physical harm to himself or herself unless immediate action is taken.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 776 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 10 USC 806; 10 USC 806a; 10 USC 826; 10 USC 827

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule Effective 08/30/2010 

Interim Final Rule 08/30/2010 75 FR 52860 

Interim Final Rule Comment Period End 10/29/2010 

Final Action 06/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: LCDR Daniel Werner Department of Defense

Department of the Navy

1322 Patterson Ave SE Suite 3000 Washington Navy Yard

Washington , DC 20374-5066 

Phone: 703 614-7408 

FAX: 703 614-9400

E-Mail: daniel.werner@navy.mil

Department of Defense (DOD) 

U.S. Army Corps of Engineers ( COE ) RIN: 0710-AA66

 View Related Documents

Title: Civil Monetary Penalty Inflation Adjustment Rule

Abstract: The Corps is proposing to amend its regulations to adjust its Class I civil penalties under the Clean Water Act and

the National Fishing Enhancement Act to account for inflation. Increasing the maximum amounts of the Class I penalties to

account for inflation will maintain the deterrent effects of those penalties.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 33 CFR 326 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 28 USC 2461; 33 USC 1319; PL 98-623

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 07/00/2011 

NPRM Comment Period End 09/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

11

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Agency Contact: David B. Olson 

Regulatory Program Manager

Department of Defense

U.S. Army Corps of Engineers

CECW-CO 441 G Street NW

Washington , DC 20314-1000 

Phone: 202 761-4922 

E-Mail: david.b.olson@usace.army.mil

Department of Defense (DOD) 

U.S. Army Corps of Engineers ( COE ) RIN: 0710-AA70

 View Related Documents

Title: Procedures for Implementing the National Environmental Policy Act

Abstract: The Corps of Engineers (Corps) is proposing to amend its regulations for implementing the National Environmental

Policy Act (NEPA) to clarify its scope of analysis under that Act. The focus of this rulemaking action is to establish an

appropriate NEPA scope of analysis to consider the effects of proposed surface coal mining activities on the aquatic

environment.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: Undetermined Unfunded Mandates: Undetermined

CFR Citation: 33 CFR 325 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 33 USC 401; 33 USC 1344; 33 USC 1413

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/00/2011 

NPRM Comment Period End 08/00/2011 

Final Action 09/00/2012 

Final Action Effective 11/00/2012 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: Undetermined

Energy Affected: Undetermined

Agency Contact: David B. Olson 

Regulatory Program Manager

Department of Defense

U.S. Army Corps of Engineers

CECW-CO 441 G Street NW

Washington , DC 20314-1000 

Phone: 202 761-4922 

E-Mail: david.b.olson@usace.army.mil

Department of Defense (DOD) 

U.S. Army Corps of Engineers ( COE ) RIN: 0710-AA71

 View Related Documents

Title: Issuing and Reissuing Nationwide Permits

Abstract: The U.S. Army Corps of Engineers (Corps) is soliciting comments for the reissuance of the existing nationwide

permits (NWPs), general conditions, and definitions, with some modifications. The Corps is also proposing to issue two new

NWPs and two new general conditions. The Corps is requesting comment on all aspects of these proposed nationwide permits.

More specifically, the Corps is requesting comments on options for NWP 21, which authorizes discharges of dredged or fill

material into waters of the United States associated with surface coal mining activities, such as reissuing NWP 21 with

modifications or not reissuing NWP 21. The Corps is also seeking comments on whether to reissue NWP 48 with modifications

to authorize new commercial shellfish aquaculture activities or to issue a separate NWP to authorize only new commercial

shellfish aquaculture activities.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: Undetermined Unfunded Mandates: Undetermined

CFR Citation: None (To search for a specific CFR, visit the Code of Federal Regulations ) 

12

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Legal Authority: 33 USC 1344; 33 USC 403

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/00/2011 

NPRM Comment Period End 09/00/2011 

Final Action 12/00/2011 

Final Action Effective 05/00/2012 

Additional Information: This RIN replaces the RIN identified in the proposal (ZRIN 0710-ZA05), so that this rulemaking action

can be included in the Unified Agenda.

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: Undetermined

Agency Contact: David B. Olson

Regulatory Program Manager

Department of Defense

U.S. Army Corps of Engineers

CECW-CO 441 G Street NW

Washington , DC 20314-1000 

Phone: 202 761-4922 

E-Mail: david.b.olson@usace.army.mil

Department of Defense (DOD) 

U.S. Army Corps of Engineers ( COE ) RIN: 0710-AA60

 View Related Documents

Title: Nationwide Permit Program Regulations

Abstract: The Corps proposed to revise its Nationwide Permit Program regulations at 33 CFR part 330 to address changes in

regulatory procedures and policy that have occurred since those regulations were last revised in 1991. The Corps proposed to

revise the regulation to increase the pre-construction notification review period to 45 days, to be consistent with the current

nationwide permits. The Corps also proposed to amend the regulation to allow district engineers to issue verification letters that

can have the same expiration date as the nationwide permit.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: Undetermined Unfunded Mandates: No

CFR Citation: 33 CFR 330 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 33 USC 1344; 33 USC 401 et seq; 33 USC 1413

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 11/30/2004 69 FR 69563 

NPRM Comment Period End 01/31/2005 

Final Action 06/00/2011 

Final Action Effective 08/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Undetermined

Small Entities Affected: No Federalism: No

Energy Affected: Yes

Agency Contact: David B. Olson 

Regulatory Program Manager

Department of Defense

U.S. Army Corps of Engineers

CECW-CO 441 G Street NW

Washington , DC 20314-1000 

Phone: 202 761-4922 

E-Mail: david.b.olson@usace.army.mil

Department of Defense (DOD) 

13

Regulations.gov Thursday, July 7, 2011 Unified Agenda
U.S. Army Corps of Engineers ( COE ) RIN: 0710-AA69

 View Related Documents

Title: Continuing Contract for Civil Works Project Managed by the United States Army Corps of Engineers Clauses

Abstract: The U.S. Army Corps of Engineers (USACE) is proposing an interim Continuing Contracts clause for use on

specifically authorized Civil Works projects only. This proposal is in response to a recurring statutory provision that requires a

change to the clause USACE had previously used.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: Undetermined Unfunded Mandates: Undetermined

CFR Citation: 48 CFR 5132; 48 CFR 5136; 48 CFR 5152 (To search for a specific CFR, visit the Code of Federal Regulations

) 

Legal Authority: 33 USC 621; 10 USC 2202

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 01/15/2010 75 FR 2463 

NPRM Comment Period End 03/16/2010 

Final Action 06/00/2011 

Final Action Effective 07/00/2011 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: Undetermined

Energy Affected: Undetermined

Agency Contact: Robin A. Baldwin 

Directorate of Contracting

Department of Defense

U.S. Army Corps of Engineers

441 G Street NW

Washington , DC 20314 

Phone: 202 761-8645 

Department of Defense (DOD) 

Office of Assistant Secretary for Health Affairs ( DODOASHA ) RIN: 0720-AB41

 View Related Documents

Title: TRICARE; Reimbursement of Sole Community Hospitals

Abstract: This proposed rule is to 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.

Priority: Economically Significant Agenda Stage of Rulemaking: Proposed Rule

Major: Yes Unfunded Mandates: No

CFR Citation: 32 CFR 199 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 301; 10 USC ch 55

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/00/2011 

Regulatory Flexibility Analysis Required: Business;

Organizations Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Marty Maxey Department of Defense

Office of Assistant Secretary for Health Affairs

1200 Defense Pentagon

Washington , DC 20301 

14

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Phone: 303 676-3627 

Department of Defense (DOD) 

Office of Assistant Secretary for Health Affairs ( DODOASHA ) RIN: 0720-AB47

 View Related Documents

Title: TRICARE and Long-Term Care Hospital Prospective Payment System

Abstract: The Department of Defense (DoD) proposes to adopt a reimbursement methodology for Long-Term Care Hospitals

similar to Medicare's Long-Term Care Hospital Prospective Payment System (LTCH-PPS).

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 14 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 10 USC 1079(j)(2)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 07/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Federalism: No

Energy Affected: No

Agency Contact: Ann N. Fazzini Department of Defense

Office of Assistant Secretary for Health Affairs

1200 Defense Pentagon

Washington , DC 20301 

Phone: 303 676-3803 

Department of Defense (DOD) 

Office of Assistant Secretary for Health Affairs ( DODOASHA ) RIN: 0720-AA50

 View Related Documents

Title: Civilian Health and Medical Program of the Uniformed Services (CHAMPUS); Double Coverage

Abstract: This rule clarifies our double coverage policy for non-institutional claims for beneficiaries with primary health

insurance. TRICARE network, non-network but participating, and non-participating providers are all reimbursed differently under

current procedures. This has had the unintended effect of discouraging TRICARE network participation since non-network but

participating providers receive the most favorable treatment with respect to double coverage calculations. The Department

proposed to revise double coverage reimbursement calculations by reimbursing all providers up to 100 percent of the

CHAMPUS Maximum Allowable Charge after the primary health insurance has paid or 115 percent for non-participating

providers.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 199 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 10 USC ch 55; 5 USC 301

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/17/1999 64 FR 32451 

NPRM Comment Period End 08/16/1999 

Final Action 06/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Gary Whittaker Department of Defense

Office of Assistant Secretary for Health Affairs

1200 Defense Pentagon

15

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Washington , DC 20301 

Phone: 703 681-0039 

E-Mail: gary.whittaker@tma.osd.mil

Department of Defense (DOD) 

Office of Assistant Secretary for Health Affairs ( DODOASHA ) RIN: 0720-AA98

 View Related Documents

Title: TRICARE Program; Routine Care Not Directly Related to Study, Grant, or Research Program

Abstract: This rule amends the exclusion of services and supplies provided as part of or under a research study, grant, or

research program to add coverage for routine patient care that would have been necessary in the absence of the study, as well

as care of complications that result from participation in the trial.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 199 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 10 USC ch 55; 5 USC 301

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/20/2006 71 FR 35402 

NPRM Comment Period End 08/21/2006 

Final Action 06/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Rene Morrell Department of Defense

Office of Assistant Secretary for Health Affairs

1200 Defense Pentagon

Washington , DC 20301 

Phone: 303 676-3618 

Department of Defense (DOD) 

Office of Assistant Secretary for Health Affairs ( DODOASHA ) RIN: 0720-AB15

 View Related Documents

Title: Civilian Health and Medical Program of the Uniformed Services (CHAMPUS); TRICARE Reserve Select for Members of

the Selected Reserve

Abstract: This rule revises requirements and procedures for TRICARE Reserve Select and restructures eligibility to include all

Selected Reservists, except for those individuals either enrolled or eligible to enroll in a health benefit plan under chapter 89 of

title 5, United States Code.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 199 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 301; 10 USC ch 55

Legal Deadline: This rule addresses provisions of the National Defense Authorization Act for Fiscal Year 2007 (Pub. L. 109-

364).

Action Source Description Date

Other Statutory National Defense Authorization Act 2007 10/01/2007 

Timetable:

Action Date FR Cite

Interim Final Rule 08/20/2007 72 FR 46380 

Interim Final Rule Comment Period End 09/19/2007 

Interim Final Rule Effective 10/01/2007 

Final Action 06/00/2011 

16

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Jody Donehoo Department of Defense

Office of Assistant Secretary for Health Affairs

1200 Defense Pentagon

Washington , DC 20301 

Phone: 703 681-0039 

Department of Defense (DOD) 

Office of Assistant Secretary for Health Affairs ( DODOASHA ) RIN: 0720-AB23

 View Related Documents

Title: TRICARE; Off-Label Uses of Devices; Partial List of Examples of Unproven Drugs, Devices, and Medical Treatments or

Procedures

Abstract: This rule revises the definition of "unlabeled or off-label drug" to "off-label use of a drug or device." This revision is

consistent with the regulatory framework under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq). Additionally,

this rule removes the partial list of examples of unproven drugs, devices, and medical treatments or procedures proscribed

under section 199.4(g)(15). As it is determined that reliable evidence demonstrates that previously unproven drugs, devices, and

medical treatments or procedures have proven medical effectiveness, TRICARE has removed them from the list and authorized

medically necessary care. This removal of the partial list is necessary as the list will never be completely current and is only a

partial list of examples. The removal of this partial list does not change or eliminate any benefits that are currently available

under the TRICARE program.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 199 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 301; 10 USC ch 55

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 08/10/2004 69 FR 48433 

NPRM Comment Period End 10/12/2004 

Second NPRM 08/31/2009 74 FR 44797 

Second NPRM Comment Period End 10/30/2009 

Final Action 06/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Related RINs: Previously Reported as 0720-AA88

Agency Contact: Rene Morrell Department of Defense

Office of Assistant Secretary for Health Affairs

1200 Defense Pentagon

Washington , DC 20301 

Phone: 303 676-3618 

Department of Defense (DOD) 

Office of Assistant Secretary for Health Affairs ( DODOASHA ) RIN: 0720-AB30

 View Related Documents

Title: TRICARE; Continued Health Care Benefit Program Expansion

Abstract: This rule executes the expansion of section 1078a of title 10, United States Code. With the recent expansions of the

Military Health System (MHS) coverage, particularly with the Reserve Component members, some MHS beneficiaries would not

be eligible for CHCBP under certain circumstances that terminate their MHS coverage. This provision allows the Secretary to

establish CHCBP eligibility for any categories of MHS beneficiaries who otherwise would lose MHS coverage with no continued

care eligibility. This rule also includes administrative changes providing clarification on some issues and updates the final rule

published in the Federal Register on September 30, 1994 (59 FR 49817).

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

17

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 199 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 10 USC ch 55; 5 USC 301

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 11/27/2009 74 FR 62271 

NPRM Comment Period End 01/26/2010 

Final Action 06/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: MAJ Kathy Larkin Department of Defense

Office of Assistant Secretary for Health Affairs

1200 Defense Pentagon

Washington , DC 20301-1200 

Phone: 703 695-3323 

E-Mail: larkink@ha.osd.mil

Department of Defense (DOD) 

Office of Assistant Secretary for Health Affairs ( DODOASHA ) RIN: 0720-AB37

 View Related Documents

Title: TRICARE; Inclusion of Retail Network Pharmacies as Authorized TRICARE Providers for the Administration of TRICARE

Covered Vaccines

Abstract: This rule allows a TRICARE retail network pharmacy to be an authorized provider for the administration of three

TRICARE-covered vaccines in the retail pharmacy setting. The three immunizations are H1N1 vaccine, seasonal influenza

vaccine, and pneumococcal vaccine. In addition, this rule solicits, the interim final rule solicited public comment on also

including other TRICARE-covered immunizations in the future for which retail network pharmacies with be authorized providers.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 199 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 301; 10 USC ch 55

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 12/10/2009 74 FR 65436 

Interim Final Rule Effective 12/20/2009 

Interim Final Rule Comment Period End 02/08/2010 

Final Action 06/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Lt. Col. Thomas Bacon Department of Defense

Office of Assistant Secretary for Health Affairs

1200 Defense Pentagon

Washington , DC 20301 

Phone: 703 681-2890 

E-Mail: thomas.bacon@tma.osd.mil

Department of Defense (DOD) 

Office of Assistant Secretary for Health Affairs ( DODOASHA ) RIN: 0720-AB38

 View Related Documents

Title: TRICARE: Elimination of Co-Payments for Authorized Preventive Services for Certain TRICARE Standard Beneficiaries

18

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Abstract: This rule implements section 711 of the Duncan Hunter National Defense Authorization Act (NDAA) for Fiscal Year

2009 (FY 2009), Public Law 110-417. Section 711 eliminates co-payments for authorized preventive services for TRICARE

Standard beneficiaries other than Medicare-eligible beneficiaries. This rule also realigns the covered preventive services listed in

the Exclusions section of the regulation to the Special Benefits section in the regulation.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 199 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 10 USC ch 55; 5 USC 301

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 09/27/2010 75 FR 59173 

NPRM Comment Period End 11/26/2010 

Final Action 06/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Joy Saly Department of Defense

Office of Assistant Secretary for Health Affairs

1200 Defense Pentagon

Washington , DC 20301 

Phone: 303 676-3742 

Department of Defense (DOD) 

Office of Assistant Secretary for Health Affairs ( DODOASHA ) RIN: 0720-AB39

 View Related Documents

Title: TRICARE Retired Reserve for Members of the Retired Reserve

Abstract: This rule establishes requirements and procedures for implementation of TRICARE Retired Reserve. It addresses

provisions of the National Defense Authorization Act for Fiscal Year 2010 (NDAA–10) (Pub. L. 111–84). The purpose of this rule

is to establish the TRICARE Retired Reserve program that implements section 705 of the NDAA–10. Section 705 allows

members of the Retired Reserve who are qualified for non-regular retirement, but are not yet 60 years of age, to qualify to

purchase medical coverage equivalent to the TRICARE Standard (and Extra) benefit unless that member is either enrolled in, or

is eligible to enroll in, a health benefit plan under Chapter 89 of Title 5, United States Code. The amount of the premium that

qualified members pay to purchase these benefits will represent the full cost as determined on an appropriate actuarial basis for

coverage under the TRICARE Standard (and Extra) benefit including the cost of the program administration. There will be one

premium for member-only coverage and a separate premium for member and family coverage. The rules and procedures

otherwise outlined in 32 CFR part 199 relating to the operation and administration of the TRICARE Standard and Extra

programs including the required cost-shares, deductibles and catastrophic caps for retired members and their dependents will

apply to this program.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 199 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 10 USC ch 55; 5 USC 301

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule Effective 08/06/2010 

Interim Final Rule 08/06/2010 75 FR 47452 

Interim Final Rule Comment Period End 10/05/2010 

Final Action 06/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Jody Donehoo Department of Defense

Office of Assistant Secretary for Health Affairs

1200 Defense Pentagon

19

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Washington , DC 20301 

Phone: 703 681-0039 

Department of Defense (DOD) 

Office of Assistant Secretary for Health Affairs ( DODOASHA ) RIN: 0720-AB40

 View Related Documents

Title: TRICARE; Changes Included in the National Defense Authorization Act for Fiscal Year 2010; Expansion of Survivor

Eligibility Under the TRICARE Dental Program

Abstract: The Department is publishing this rule to implement section 704 of the National Defense Authorization Act for Fiscal

Year 2010 (NDAA for FY10), Public Law 111-84. Specifically, that legislation expands the survivor eligibility under the TRICARE

Dental Program (TDP). The legislation entitles a child or unmarried person placed in legal custody of a member or former

member, as defined in 10 U.S.C. section 1072(2), subparagraph (D) or (I), continuation of eligibility for the TDP. The period of

continued eligibility for these dependents shall be the longer of the following periods beginning on the date of the member's

death: (1) three years; (2) the period ending on the date on which such dependent attains 21 years of age; or (3) in the case of

such dependent who, at 21 years of age, is enrolled in a full-time course of study in a secondary school or in a full-time course

of study in an institution of higher education approved by the administering Secretary and was, at the time of the member's

death, in fact dependent on the member for over one-half of such dependent's support, the period ending on the earlier of the

following dates: (a) The date on which such dependent ceases to pursue such a course of study, as determined by the

administering Secretary; or (b) the date on which such dependent attains 23 years of age. This proposed rule does not expand

the TDP eligibility of other eligible survivors. Survivors, who meet the new eligibility requirements, will regain TDP eligibility as of

the publishing of the final rule in the Federal Register. Retroactive payment of premiums or claims paid for dental treatment

during the time of loss of TDP eligibility will not be reimbursed to surviving dependents.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 199 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 301; 10 USC ch 55

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 08/18/2010 75 FR 50950 

NPRM Comment Period End 10/18/2010 

Final Action 06/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Robert Mitton Department of Defense

Office of Assistant Secretary for Health Affairs

1200 Defense Pentagon

Washington , DC 20301-1200 

Phone: 703 681-0039 

FAX: 703 681-1219

E-Mail: robert.mitton@tma.osd.mil

Department of Defense (DOD) 

Office of Assistant Secretary for Health Affairs ( DODOASHA ) RIN: 0720-AB42

 View Related Documents

Title: TRICARE; Reimbursement for Travel for Specialty Care Under Exceptional Circumstances

Abstract: This proposed rule implements section 634 of the National Defense Authorization Act for Fiscal Year 2010 which

amends section 1074i of title 10, United States Code to permit reimbursement for reasonable travel expenses for active duty

members of the uniformed Services and their dependents, and accompaniment, to a specialty care provider under such

exceptional circumstances as the Secretary of Defense may proscribe. The Department of Defense through its military treatment

facilities and its robust managed care program, TRICARE Prime, is able to fulfill the medical needs of the majority of its active

duty members and their families. However, in some locations where active duty members and their families live due to the duty

assignment of the member, the medical resources in the military treatment facilities and the managed care networks may not

meet all of the specialty care needs of these members and their families within normal access standards. Reimbursement of

reasonable travel expenses for required specialty care that is more than 100 miles from the primary care manager's office is

currently a benefit under paragraph (a) of section 1074i, title 10 United States Code for any covered beneficiary enrolled in the

20

Regulations.gov Thursday, July 7, 2011 Unified Agenda
TRICARE Prime program, including the active duty members and their dependents. However this proposed rule extends a travel

reimbursement for active duty members of the armed forces and their families who, because of an exceptional circumstance

involving the duty assignment of the active duty member of the armed forces, are required to travel less than 100 miles but

more than 60 minutes in drive time to access needed specialty care. This travel reimbursement benefit is limited to those active

duty members and their dependents, and accompaniment, enrolled in Prime or TRICARE Prime Remote. The Director,

TRICARE Management Activity, shall issue procedures and guidelines under which authorization for reimbursement of travel

expenses will be issued after verification that the member, family member, and/or accompaniment, must travel less than 100

miles but more than 60 minutes drive time from the military treatment facility or their primary care manager's office to receive

required specialty care.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 199 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 301; 10 USC ch 55

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 01/13/2011 76 FR 2290 

NPRM Comment Period End 03/14/2011 

Final Action 08/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: LTC Kathleen Larkin Department of Defense

Office of Assistant Secretary for Health Affairs

1200 Defense Pentagon

Washington , DC 20301 

Phone: 703 681-0039 

FAX: 703 681-1219

E-Mail: kathleen.larkin@tma.osd.mil

Department of Defense (DOD) 

Office of Assistant Secretary for Health Affairs ( DODOASHA ) RIN: 0720-AB43

 View Related Documents

Title: TRICARE Reimbursement Revisions

Abstract: The rule proposes several revisions to the regulation necessary to be consistent with Medicare, to include: (1)

hospice periods of care, (2) reimbursement of physician assistants and assistant-at-surgery claims and (3), this rule revises the

regulation by removing references to specific numeric Diagnosis Related Group (DRG) values, and replacing them with their

narrative description.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 199 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 301; 10 USC ch 55

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 01/13/2011 76 FR 2291 

NPRM Comment Period End 03/14/2011 

Final Action 08/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Ann Fazzini Department of Defense

Office of Assistant Secretary for Health Affairs

1200 Defense Pentagon

Washington , DC 20301 

Phone: 303 676-3803 

21

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Department of Defense (DOD) 

Office of Assistant Secretary for Health Affairs ( DODOASHA ) RIN: 0720-AB44

 View Related Documents

Title: TRICARE: Unfortunate Sequelae From Noncovered Services in a Military Treatment Facility

Abstract: The Department of Defense is publishing this rule to allow coverage for otherwise covered services and supplies

required in the treatment of complications (unfortunate sequelae) resulting from a noncovered incident of treatment provided in a

Military Treatment Facility (MTF), when the initial noncovered service has been authorized by the MTF Commander and the

MTF is unable to provide the necessary treatment of the complications. This rule is necessary to protect TRICARE beneficiaries

from incurring financial hardships due to the current regulatory restrictions that prohibit TRICARE coverage of treatment of the

complications resulting from noncovered medical procedures, even when those procedures were conducted in a Department of

Defense facility.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 199.4 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 301; 10 USC ch 55

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 08/06/2010 75 FR 47519 

NPRM Comment Period End 10/05/2010 

Final Action 06/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Rene Morrell Department of Defense

Office of Assistant Secretary for Health Affairs

1200 Defense Pentagon

Washington , DC 20301 

Phone: 303 676-3618 

Department of Defense (DOD) 

Office of Assistant Secretary for Health Affairs ( DODOASHA ) RIN: 0720-AB46

 View Related Documents

Title: TRICARE; Enhancement of Transitional Dental Care for Members of the Reserve Component on Active Duty for More

Than 30 Days in Support of a Contingency Operation

Abstract: The Department is publishing this rule to implement section 703 of the National Defense Authorization Act for Fiscal

Year 2010 (NDAA for FY10), Public Law 111-84. Specifically, that legislation amends the transitional health care dental benefits

for Reserve Component members on active duty for more than 30 days in support of a contingency operation. The legislation

entitles these Reserve Component members to dental care in the same manner as a member of the uniformed services on

active duty for more than 30 days, thus providing care to the Reserve member in both military dental treatment facilities and

authorized private sector dental care. This proposed rule does not eliminate any medical or dental care that is currently covered

as transitional health care for the member. However the member's dependents are not entitled to this enhanced benefit.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 199 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 301; 10 USC ch 55

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 01/13/2011 76 FR 2288 

NPRM Comment Period End 03/14/2011 

Final Action 08/00/2011 

22

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Robert Mitton Department of Defense

Office of Assistant Secretary for Health Affairs

1200 Defense Pentagon

Washington , DC 20301-1200 

Phone: 703 681-0039 

FAX: 703 681-1219

E-Mail: robert.mitton@tma.osd.mil

Department of Defense (DOD) 

Office of Assistant Secretary for Health Affairs ( DODOASHA ) RIN: 0720-AB24

 View Related Documents

Title: TRICARE; Morbid Obesity

Abstract: This rule modifies the TRICARE program regulation on surgery for morbid obesity to allow benefit consideration for

the newest bariatric surgical procedures that are considered appropriate medical care. The rule does not expand the TRICARE

benefit for morbid obesity surgery; however, it makes the specific procedures that are covered, and the clinical conditions for

which coverage may be extended, a matter of policy. This change is necessary under the current regulation because surgical

procedures for morbid obesity, other than gastric bypass, gastric stapling, and gastroplasty, are not payable, even if the safety

and efficacy of the procedures are comparable or superior to the established bariatric surgical procedures. The law and

regulation entitled TRICARE beneficiaries to medically necessary and appropriate care-care that is considered generally

accepted norms for medical practice.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 199 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 301; 10 USC ch 55

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 10/29/2009 74 FR 55792 

NPRM Comment Period End 12/28/2009 

Final Action 02/14/2011 76 FR 8294 

Final Action Effective 03/16/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Gail Jones Department of Defense

Office of Assistant Secretary for Health Affairs

1200 Defense Pentagon

Washington , DC 20301 

Phone: 303 676-3401 

Department of Defense (DOD) 

Office of Assistant Secretary for Health Affairs ( DODOASHA ) RIN: 0720-AB31

 View Related Documents

Title: TRICARE; Coverage of National Cancer Institute (NCI) Sponsored Phase I Studies

Abstract: This rule adds coverage of National Cancer Institute (NCI) sponsored Phase I studies for certain beneficiaries. The

NCI sponsored clinical treatment trials are conducted in a series of steps called phases. Phase I trials are the first studies

conducted in people. They evaluate how a new drug should be given (by mouth, injected into the blood, or injected into the

muscle), how often, and what dose is safe.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 199 (To search for a specific CFR, visit the Code of Federal Regulations ) 

23

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Legal Authority: 10 USC ch 55; 5 USC 301

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/22/2009 74 FR 29435 

NPRM Comment Period End 08/21/2009 

Final Action 01/13/2011 76 FR 2253 

Final Action Effective 02/14/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: John Kugler Department of Defense

Office of Assistant Secretary for Health Affairs

1200 Defense Pentagon

Washington , DC 20301-1200 

Phone: 703 681-0064 

E-Mail: john.kugler@tma.osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AG47

 View Related Documents

Title: Safeguarding Unclassified DoD Information (DFARS Case 2008-D028)

Abstract: This rule amends 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 (ANPR) and notice of public meeting in the Federal

Register at 75 FR 9563 on March 3, 2010, to provide the public an opporutnity for input into the initial rulemaking process. The

ANPR 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 will invite comments from small business concerns and other interested parties on the expected

impact of this rule on small entities.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR 204; 48 CFR 252 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 41 USC 421

Legal Deadline: None

Timetable:

Action Date FR Cite

ANPRM 03/03/2010 75 FR 9563 

ANPRM Comment Period End 05/03/2010 

NPRM 06/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Small Entities Affected: Business Federalism: No

Energy Affected: No

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 

E-Mail: ynette.shelkin@osd.mil

24

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AG91

 View Related Documents

Title: Construction and Architect-Engineer Services Performance Evaluation (DFARS Case 2010-D024)

Abstract: This rule amends the Defense Federal Acquisition Regulation Supplement (DFARS) to remove the requirement to

prepare contractor performance evaluations for construction and architect-engineer services by using DoD-unique forms. In

2010, consistent with the Office of Federal Procurement Policy memorandum dated July 29, 2008, Improving the Use of

Contractor Performance Information, the Contractor Performance Assessment Reporting System (CPARS) was named as the

sole system for collecting past-performance information. As such, CPARS will support Governmentwide data collection

requirements for contractor past performance reporting, to include construction and A&E contracts, and DFARS is being updated

to delete the outdated procedures and references to the obsolete DoD forms. The clarifications proposed require no additional

effort by contractors as the changes simply update the DFARS to reflect the current automated process being used. CPARS is

already being used by DoD personnel to report construction and A&E services contractor past performance, and the DFARS is

merely being updated to remove references to obsolete forms and procedures and reflect the current process. No start-up costs

are expected as only Internet access is required should small entities elect to comment on their past performance rating in

CPARS. Accordingly, any economic impact is expected to be minimal.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR ch 1 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 41 USC 421

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/00/2011 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Federalism: No

Energy Affected: No

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 

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AG99

 View Related Documents

Title: Representation Regarding Compensation of Former DoD Officials (DFARS Case 2010-D020)

Abstract: This rule amends the Defense Federal Acquisition Regulation Supplement (DFARS) to require that offerors represent

whether former DoD officials employed by the offeror are in compliance with post-employment restrictions concerning postgovernment employment for DoD and other Federal employees after leaving Government employment. The proposed rule will

require offerors to submit representations at the time of contract award that all former DoD officials that are covered by the

Procurement Integrity Act are in compliance with post-employment restrictions set forth in DFARS 203.171-3 and DFARS

252.203-7000. The representation goes further in also requiring a representation that former DoD employees employed by the

contractor are also in compliance with additional post-employment restrictions. This representation will be required in contracts

for commercial items. There is no impact on the offeror unless the former DoD officials covered by the Procurement Integrity Act

are not in compliance with the post–employment restrictions. In order to submit an offer, small entities that hire a former DoD

official covered by the Procurement Integrity Act will have to check the compliance of such employees with various applicable

post-employment restrictions. DFARS 252.203-7000, Requirements Relating to Compensation of Former DoD Officials, already

requires contractors to determine that a covered DoD official has sought and received, or has not received after 30 days of

seeking, a written opinion from the appropriate DoD ethics counselor, regarding the applicability of post-employment restrictions

to the activities that the official is expected to undertake on behalf of the contractor. Therefore, this representation of compliance

does not impose an additional burden on the offeror. Any economic impact is expected to be minimal.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

25

Regulations.gov Thursday, July 7, 2011 Unified Agenda
CFR Citation: 48 CFR; 5 CFR 2637; 5 CFR 2641 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 41 USC 421; 18 USC 207; 41 USC 423; PL 110-181

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/00/2011 

Regulatory Flexibility Analysis Required: Business;

Organizations Government Levels Affected: Undetermined

Federalism: No

Energy Affected: No

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 

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH01

 View Related Documents

Title: Option to Extend Services (DFARS Case 2011-D003)

Abstract: This rule amends the Defense Federal Acquisition Regulation Supplement (DFARS) to provide a DoD alternative to

the FAR clause "Option to Extend Services" in order to clarify and appropriately limit the use of this specialized authority in

response to two General Accountability Office decisions. The DFARS clause will be included in contracts for services to provide

the Government with a means for continuing performance without a break in service when a follow-on contract is not in place at

the end of the current contract's performance period ( whether that is the basic contract period or an option period). The clause

can be exercised only in extreme circumstances. The intent of the clause is to provide the Government the unilateral right to a

brief extension of services, at current contract rates (unless there is a new Department of Labor (DOL) wage determination),

and for a period not to exceed a total of six months (per contract, including all options). The rule will not result in any additional

burdens on small businesses. It merely relocates an existing Government tool from the FAR to the DFARS and aids improved

communications between DoD and the contractor when extreme circumstances may require continued performance. Therefore,

any economic impact is expected to be minimal.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 410 USC 421

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Federalism: No

Energy Affected: No

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 

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) 

26

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH04

 View Related Documents

Title: Creation of Representation for Nontraditional Contractor (DFARS Case 2009-D013)

Abstract: This rule amends the Defense Federal Acquisition Regulation Supplement (DFARS) to define the term "nontraditional

contractor," and to enable this class of contractors to represent its nontraditional contractor status to DoD. A nontraditional

contractor is a contractor or offeror that, for the first time, is offering to DoD commercial items that do not include commercial

items as defined in the definition of commercial items at FAR 2.101. or new technology not previously sold by the offeror. This

rule provides a DoD-wide definition of nontraditional contractor and enables DOD to identify them. The objective of the rule is to

leverage, to the maximum extent possible, the commercial marketplace in acquiring commercial items offered for the first time

by a contractor. By defining what constitutes a nontraditional contractor, DoD will be better positioned to readily identify this

class of contractors. This will facilitate and assist the acquiring activity in the drafting of its requirements, and will enable these

nontraditional contractors to determine if they can respond to the DoD's needs. The rule will only address the need for a DoDwide definition of, and representation by, a nontraditional contractor. It does not impose any substantial requirements and any

economic impact is expected to be minimal.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 410 USC 421; 10 USC 2371; PL 103-160

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Federalism: No

Energy Affected: No

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 

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH07

 View Related Documents

Title: Ships Bunkers Easy Acquisition (SEA) Card® and Aircraft Ground Services (DFARS Case 2009-D019)

Abstract: This rule amends the Defense Federal Acquisition Regulation Supplement (DFARS) to allow the use of U.S.

Government fuel cards in lieu of a Purchase Order-Invoice-Voucher for fuel, oil, and refueling-related items for purchases not

exceeding the simplified acquisition threshold. These proposed changes impact the use of both the SEA Card® and the AIR

Card®. The military services and the U.S. Coast Guard have small vessels that must procure fuel away from their home stations.

Due to their smaller size and unique mission requirements, these vessels are unable to use the Defense Energy Support Center

(DESC) bunkers contracts at major seaports. DoD proposes to add language at DFARS section 213.306-70(a)(1)(A) to include

purchases of marine fuel, oil, and refueling-related items using the SEA Card® in lieu of the SF 44 up to the simplified

acquisition threshold. Previously, DFARS 213.306(a)(1)(A) authorized only the use of the Aviation Into-plane Reimbursement

(AIR) Card® up to the simplified acquisition threshold specifically for aviation fuel and oil. Refueling stops often include other

ground services that exceed the micro-purchase threshold. Due to port restrictions on vessel movements, bunkering merchants

do not typically provide support to smaller vessels. These smaller vessels frequent "marina-type merchants." Small vessels fulfill

valid mission needs in direct support of national security. Unlike larger vessels with more predictable movements, small vessels'

needs are often unpredictable and far-reaching geographically. Adding language at DFARS 213.306-70 (a)(1)(A) to include

additional ground services for the AIR Card® and the use of the SEA Card® will improve the refueling capability of aircraft and

smaller vessels at non-contract locations. Because substituting use of a fuel card for the Purchase Order-Invoice-Voucher SF

44, will not have a significant effect beyond DoD's internal operating procedures, any economic impact is expected to be

minimal.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

27

Regulations.gov Thursday, July 7, 2011 Unified Agenda
CFR Citation: 48 CFR 213 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 410 USC 421

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Federalism: No

Energy Affected: No

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 

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH19

 View Related Documents

Title: Accelerated Payments to Small Business (DFARS Case 2011-D008)

Abstract: This rule amends the Defense Federal Acquisition Regulation Supplement (DFARS) to accelerate payments to all

small business concerns. Currently, DoD assists small disadvantaged business concerns by paying them as quickly as possible

after invoices are received and before normal payment due dates established in the contract. This rule proposes removal of the

term "disadvantaged" from the language at DFARS 232.903 and DFARS 232.906(a)(ii) extending this assistance to all small

business concerns. This will align the DFARS with the statutory language at 5 CFR 1315.5 and FAR 32.903, which allows

agencies to authorize accelerated payment procedures for small businesses. Because the rule proposes to extend accelerated

payment assistance to all small business concerns, a positive economic impact on small business is expected.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR ch 2; 5 CFR 1315.5 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 41 USC 421

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/00/2011 

Regulatory Flexibility Analysis Required: Business;

Organizations Government Levels Affected: No

Federalism: No

Energy Affected: No

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 

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH21

 View Related Documents

28

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Title: Definition of "Qualifying Country End Product" (DFARS Case 2011-D028)

Abstract: This rule amends the definition of "qualifying country end product" by eliminating the component test for qualifying

country end products that are commercially available off-the-shelf items (COTS). DoD proposes to change this definition as a

matter of policy, to waive the component test for qualifying country end products that are COTS items, so that it will not be

necessary to try to track the origin of components of COTS items that are manufactured in a qualifying country, in order to

determine that an end product is a qualifying country end product. DoD has determined that this rule is not excessively

burdensome to the public, and is consistent with a determination signed by the Administrator for Federal Procurement Policy on

February 14, 2008, regarding laws applicable to the acquisition of COTS items. The rule only affects manufacturers of COTS

items in qualifying countries, removing an administrative burden for the qualifying country manufacturer and the Government

personnel acquiring the items. The Regulatory Flexibility Act is intended to protect small entities in the United States, not foreign

entities, regardless of size. The comparable change has already been enacted for the benefit of U.S. manufacturers of COTS

items.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR ch2 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 41 USC 1303

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of

international interest.

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 

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AF84

 View Related Documents

Title: Presumption of Development at Private Expense (DFARS Case 2007-D003)

Abstract: This rule amends the Defense Federal Acquisition Regulation Supplement (DFARS) to implement section 802(b) of

the National Defense Authorization Act for Fiscal Year 2007. Section 802(b) amended provisions regarding rights in technical

data for items developed exclusively at private expense. This rule implements special requirements and procedures related to

the validation of a contractor's or subcontractor's asserted restrictions on technical data and computer software. More

specifically, the rule affects these validation procedures for two special categories of items: commercial items (including

commercially available off-the-shelf items), and major systems (including subsystems and components of major systems). The

detailed procedures require the contracting officer to presume that the asserted restrictions have been justified (on the basis that

the item was developed exclusively at private expense), whether or not the contractor or subcontractor submits a justification in

response to the challenge notice issued by the contracting officer. The contracting officer's challenge may be sustained only if

information provided by DoD demonstrates that the item was not developed exclusively at private expense. A contracting

officer's challenge to asserted restrictions on technical data relating to a major system shall be sustained unless the contractor

or subcontractor submits information demonstrating that the item was developed exclusively at private expense. Based on the

historically low incidence of formal challenges to validate asserted restrictions by small businesses on major systems or

subsystems or components of subsystems, economic impact is expected to be minimal.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR 252.227-7013; 48 CFR 252.227-7015; 48 CFR 252.227-7019; 48 CFR 252.227-7037 (To search for a

specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 109-364, sec 802(b)

Legal Deadline: None

29

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Timetable:

Action Date FR Cite

NPRM 05/07/2010 75 FR 25161 

NPRM Comment Period End 07/06/2010 

Final Action 06/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Small Entities Affected: No Federalism: No

Energy Affected: No

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 

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AG23

 View Related Documents

Title: Acquisition of Commercial Items (DFARS Case 2008-D011)

Abstract: This rule amends the Defense Federal Acquisition Regulation Supplement (DFARS) to implement sections 805 and

815 of the National Defense Authorization Act for Fiscal Year 2008. The rule specifies the conditions under which a time-andmaterials or labor-hour contract may be used for the acquisition of commercial items. In addition, the rule addresses the

conditions under which major weapon systems and subsystems may be treated as commercial items. More specifically, the rule

provided clarification regarding situations under which a major weapon system, subsystems of major weapon systems, or

components and spare parts for major weapon systems, may be acquired using procedures established for the acquisition of

commercial items. The rule also clarified that the terms "general public" and "nongovernmental entities" with regard to sales of

commercial items do not include the Federal Government or a State, local, or foreign government. DoD will adopt the interim

rule as a final rule with minor editorial changes. Because the rule reinforces existing requirements for the appropriate use of

commercial acquisition procedures and for ensuring that contract prices are fair and reasonable, economic impact is expected to

be minimal.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR 202.101; 48 CFR 212.207; 48 CFR 234.7002 (To search for a specific CFR, visit the Code of Federal

Regulations ) 

Legal Authority: PL 110-181, sec 805; PL 110-181, sec 815

Legal Deadline: 

Action Source Description Date

Other Statutory 07/26/2008 

Timetable:

Action Date FR Cite

Interim Final Rule Effective 07/15/2009 

Interim Final Rule 07/15/2009 74 FR 34263 

Interim Final Rule Comment Period End 09/14/2009 

Correction 08/27/2010 75 FR 52650 

Final Rule 08/20/2010 75 FR 51416 

Final Action 06/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Small Entities Affected: No Federalism: No

Energy Affected: No

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 

30

Regulations.gov Thursday, July 7, 2011 Unified Agenda
E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AG25

 View Related Documents

Title: Defense Cargo Riding Gang Member (DFARS Case 2007-D002)

Abstract: This rule, published as an interim rule at 75 FR 65437 on October 25, 2010, amended the Defense Federal

Acquisition Regulation Supplement (DARS) to implement section 3504 of the National Defense Authorization Act for Fiscal Year

2009. Section 3504 addresses requirements that apply to persons who perform work on U.S. flag vessels under DoD contracts

for transportation services (called riding gang members). Members of "riding gangs" perform work beyond standard vessel

maintenance and repair while U.S. flag ships are underway. Such riding gang members must hold a U.S. merchant Mariner's

Document or a transportation security card. Section 3504 also permits exemptions for certain individuals, provided a

background check of the individual is conducted. In accordance with the rule, DoD may not award, renew, or extend, or exercise

an option under a charter of, or contract for transport of cargo by, a U.S. flag vessel unless the contract contains the

requirements to be met for riding gang members aboard U.S. flag ships transporting DoD cargo. The requirements of the rule

will apply only to entities interested in receiving DoD contracts for transport of DoD cargo. DoD invited comments from small

businesses and other interested parties on the impact of this rule on small entities because it was unable to determine the

impact with any accuracy.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR 247; 48 CFR 252 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 109-364, sec 1018

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule Effective 10/25/2010 

Interim Final Rule 10/25/2010 75 FR 65437 

Interim Final Rule Comment Period End 12/27/2010 

Final Action 06/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Small Entities Affected: Business Federalism: No

Energy Affected: No

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 

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AG38

 View Related Documents

Title: Government Property (DFARS Case 2009-D008)

Abstract: This rule proposes to amend the Defense Acquisition Regulation Supplement (DFARS) to update policy on the

reporting, redistribution, and disposal of Government property in the possession of contractors. The rule proposes to revise

DFARS part 225 for consistency with recent revisions to FAR part 45, government Property, published at 72 FR 27364 on May

15, 2007, that addresses management of Government property in the possession of contractors. The rule also adds a new

property disposal clause entitled Reporting, Reutilization, and Disposal. The rule imposes no new requirements on small

businesses. It makes no significant change to DoD policy regarding the management of Government property in the possession

of contractors. Any economic impact is expected to be minimal.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR 245.6 (To search for a specific CFR, visit the Code of Federal Regulations ) 

31

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Legal Authority: 41 USC 421

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/03/2010 75 FR 75444 

NPRM Comment Period End 02/01/2011 

Final Action 06/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Small Entities Affected: No Federalism: No

Energy Affected: No

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 

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AG39

 View Related Documents

Title: Annual Representations and Certifications (DFARS Case 2009-D011)

Abstract: The rule proposes to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to update a provision

addressing offeror annual representations and certifications in the Online Representations and Certifications Application (ORCA)

to conform it with changes in the Federal Acquisition Regulation (FAR) relating to annual representations and certifications. FAR

52.204-8 was changed to add a new paragraph (c), which indicates the applicable representations and certifications in ORCA.

The proposed rule also requires the DFARS representations and certifications in ORCA to be listed in DFARS clause 252.204-

7007. The change is to internal Government operating procedures. Therefore, its economic impact is expected to be minimal.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR 252.204-7007 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 41 USC 421

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 11/24/2010 75 FR 71646 

NPRM Comment Period End 01/24/2011 

Final Action 06/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Small Entities Affected: No Federalism: No

Energy Affected: No

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 

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AG58

 View Related Documents

32

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Title: Business Systems--Definition and Administration (DFARS Case 2009-D038)

Abstract: This interim rule implements the statutory requirements of section 893 of the FY 2011 National Defense

Authorization Act (NDAA) and improves the effectiveness of DoD oversight of contractor business systems. Section 893 set

forth statutory requirements for the improvement of contractor business systems to ensure that such systems provide timely,

reliable information for the management of DoD programs. This interim rule also addresses comments received under the initial

proposed rule (published in the Federal Register on January 15, 2010 (75 FR 2457)) and a second proposed rule (published on

December 3, 2010 (75 FR 75550)). Based on the comments received, the requirements of the NDAA, and subsequent revisions

to the proposed rule, DoD is publishing this interim rule with request for comments. To improve the effectiveness of Defense

Contract Management Agency (DCMA) and Defense Contract Audit Agency (DCAA) oversight of contractor business systems,

DoD is clarifying the definition and administration of contractor business systems, including accounting systems, estimating

systems, purchasing systems, earned value management systems (EVMS), material management and accounting systems

(MMAS), and property management systems, and implementing compliance enforcement mechanisms. The need to mitigate the

Government's risk when contractors fail to comply with the terms and conditions of their contracts by failing to maintain

adequate business systems necessitates this rule. The requirements of the rule will apply to solicitations and contracts that are

subject to the Cost Accounting Standards under 41 U.S.C. chapter 15. Since contracts and subcontracts with small business are

exempt from CAS requirements, DoD estimates that this rule will have no impact on small business. However, DoD is inviting

comments from small business concerns and other interested parties on the expected impact of this rule on small entities.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR 215; 48 CFR 234; 48 CFR 242; 48 CFR 244; 48 CFR 252 (To search for a specific CFR, visit the Code

of Federal Regulations ) 

Legal Authority: 41 USC 421

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 01/15/2010 75 FR 2457 

NPRM Comment Period End 03/16/2010 

Second NPRM 12/03/2010 75 FR 75549 

Comment Period Extended 12/09/2010 75 FR 76692 

Second NPRM Comment Period End 01/10/2011 

Final Action 06/00/2011 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: Federal

Federalism: No

Energy Affected: No

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 

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AG62

 View Related Documents

Title: Patents, Data, and Copyrights (DFARS Case 2010-D001)

Abstract: This rule revises the Defense Federal Acquisition Regulation Supplement (DFARS) part 227 to update and streamline

the regulations relating to patents, data, and copyrights. This is a follow-on case to DFARS Case 2003-D049, Patents, Data,

and Copyrights. The proposed rule removes text and clauses that are obsolete or unnecessary; relocates and integrates the

coverage for computer software and computer software documentation with the coverage for technical data to eliminate

redundant coverage for these subjects while retaining the necessary distinctions; eliminates or combines the clauses associated

with technical data and computer software, consistent with the revised and streamlined regulatory coverage; relocates,

reorganizes, and clarifies the coverage for rights in works; and relocates to the DFARS companion resource, Procedures,

Guidance, and Information (PGI), text that is not regulatory in nature and does not impact the public. Because the rule updates

and clarifies DFARS text, but makes no significant change to DoD policy regarding patents, data, and copyrights, any economic

impact is expected to be minimal.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

33

Regulations.gov Thursday, July 7, 2011 Unified Agenda
CFR Citation: 48 CFR 227; 48 CFR 252; 48 CFR 212 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 41 USC 421

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 09/27/2010 75 FR 59411 

Comment Period Extended 11/26/2010 75 FR 72777 

NPRM Comment Period End 12/27/2010 

Final Action 06/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Federalism: No

Energy Affected: No

Agency Contact: Ynette Shelkin Department of Defense

Defense Acquisition Regulations Council

3060 Defense Pentagon

Washington , DC 20301 

Phone: 703 602-8384 

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AG66

 View Related Documents

Title: Notification Requirements for Awards of Single-Source Task or Delivery Orders (DFARS Case 2009-D036)

Abstract: This rule implements section 814 of the National Defense Authorization Act for Fiscal Year 2010 which requires

agency heads to notify the congressional defense committees within 30 days after making certain limited determinations to

prohibit awards of sole source task or delivery orders that are estimated to exceed $100 million (including all options). In

addition, the agency head is required to provide notification, within 30 days of the determination, if the task or delivery order

concerns intelligence activities of DoD. The rule solely impacts internal Government operating procedures. The additional

notification requirements are within DoD and between DoD agencies and the Congress. Therefore, the rule is not expected to

have a significant cost or administrative impact on contractors.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR 216 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 111-84; PL 98-577; 41 USC 421

Legal Deadline: Implements section 814 of the National Defense Authorization Act for Fiscal Year 2010 which became

effective upon enactment on Oct 28, 2009. Determination of Urgency to issue an interim rule will be signed by Director, DPAP,

to implement this rule in DFARS prior to receipt of public comments because of the urgent and compelling need imposed by the

statutory enactment date.

Action Source Description Date

Other Statutory Enactment of FY 2010 NDAA 10/28/2009 

Timetable:

Action Date FR Cite

Interim Final Rule Effective 07/13/2010 

Interim Final Rule 07/13/2010 75 FR 40716 

Interim Final Rule Comment Period End 09/13/2010 

Final Action 06/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Ynette Shelkin Department of Defense

Defense Acquisition Regulations Council

3060 Defense Pentagon

Washington , DC 20301 

Phone: 703 602-8384 

E-Mail: ynette.shelkin@osd.mil

34

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AG72

 View Related Documents

Title: Guidance on Personal Services (DFARS Case 2009-D028)

Abstract: This rule amends the Defense Federal Acquisition Regulation Supplement (DFARS) to further implement section 831

of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009. The statute required DoD to develop guidance

related to personal services contracts enabling contracting officers to better distinguish between personal services and nonpersonal services. The rule amends DFARS parts 211 and 237 to (1) require that statements of work or performance work

statements clearly distinguish between Government employees and contractor employees and (2) ensure that procedures are

adopted to prevent contracts from being awarded or administered as unauthorized personal services contracts. Because of the

differing missions of DoD agencies, the interim rule required agencies to adopt their own procedures. Because the change

solely impacts internal Government operating procedures, any economic impact is expected to be minimal.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR 211; 48 CFR 237 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 10 USC 129b; 10 USC 1091; PL 110-417; USC 418b

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule Effective 09/08/2010 

Interim Final Rule 09/08/2010 75 FR 54524 

Interim Final Rule Comment Period End 11/08/2010 

Final Action 06/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

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 

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AG74

 View Related Documents

Title: Warranty Tracking of Serialized Items (DFARS Case 2009-D018)

Abstract: This rule 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. The capability to track warranties will significantly enhance the ability of DoD to–(1) Identify and enforce

warranties, (2) Ensure sufficient durations of warranties for specific goods; and (3) Realize improved material readiness. The

rule is structured to reduce burden to contractors and to facilitate data capture. DoD anticipates that there will be limited, if any,

additional costs imposed on small businesses.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR 211; 48 CFR 246; 48 CFR 252 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 41 USC 401

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 08/30/2010 75 FR 52917 

35

Regulations.gov Thursday, July 7, 2011 Unified Agenda
NPRM Comment Period End 10/29/2010 

Final Action 06/00/2011 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: Undetermined

Federalism: No

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 

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AG78

 View Related Documents

Title: Ownership or Control by a Foreign Government (DFARS Case 2010-D010)

Abstract: This rule implements revisions to DoD Directive-Type Memorandum (DTM) 09-019, "Policy Guidance for Foreign

Ownership, Control, or Influence (FOCI)." The DTM revises the description of communications security material that is

"proscribed information," i.e., that is prohibited from release. In reviewing the DTM, it became apparent that the current wording

at Defense Federal Acquisition Regulation Supplement (DFARS) 252.209-7002 is potentially misleading. If the DFARS is not

changed to be consistent with the revised DTM, contracting officers and contractors will be misinformed as to the meaning of

``proscribed information.'' Because the rule only impacts companies that are owned or controlled by a foreign government, and

most small entities, as defined in the Regulatory Flexibility Act, are not owned or controlled by a foreign government, any

economic impact is expected to be minimal.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR 209; 48 CFR 252 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 41 USC 42; 48 CFR ch 1

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule Effective 06/23/2010 

Interim Final Rule 06/23/2010 75 FR 35684 

Interim Final Rule Comment Period End 08/23/2010 

Final Action 06/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

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 

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AG79

 View Related Documents

Title: Multiyear Contracting (DFARS Case 2009-D026)

Abstract: This rule updates and clarifies the requirements of Defense Federal Acquisition Regulation Supplement (DFARS)

subpart 217.1 relating to multiyear contracting. This Defense FAR Supplement case was initiated by DoD based on an internal

DoD policy decision to perform a comprehensive review of DFARS subpart 217.1, Multiyear Contracting. This effort includes

36

Regulations.gov Thursday, July 7, 2011 Unified Agenda
reorganizing existing coverage for multiyear acquisitions. Citations to the United States Code, relevant DoD regulations, and the

Federal Acquisition Regulation, have been updated. No changes to existing DoD policy, including implementation of any

statutorily mandated acquisition-related thresholds, are being made in this rule. Because the rule does not change the existing

requirements of subpart 217.1 and because these requirements are primarily internal procedures for DoD, any economic impact

is expected to be minimal.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: Undetermined Unfunded Mandates: No

CFR Citation: 48 CFR (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: Not Yet Determined

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 03/02/2011 76 FR 11411 

NPRM Comment Period End 05/02/2011 

Final Action 08/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Related RINs: Merge with 0750-AF50

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 

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AG82

 View Related Documents

Title: Discussions Prior to Contract Award (DFARS Case 2010-D013)

Abstract: This rule strongly encourages discussions prior to award for source selections of procurements estimated at $100

million or more. The proposed change was recommended by the DoD Source Selection Joint Analysis Team (JAT), chartered by

the Deputy Under Secretary of Defense (Acquisition, Technology, and Logistics). To improve the quality of high-dollar value,

more complex source selections and reduce turbulence and inefficiency resulting from sustained contractor protests, the JAT

recommended that discussions prior to award be strongly encouraged for source selections with a dollar value of $100 million or

more. DoD research has indicated that holding meaningful discussions with industry prior to contract award on these types of

procurements improves both industry's understanding of solicitation requirements and the Government's understanding of

industry issues, and often results in better contract performance. The rule does not add to or delete existing regulations on

discussions for the vast majority of DoD procurements, i.e., those under $100 million. For the largest procurements of at least

$100 million, any increase in discussions is anticipated to benefit all offerors, including small businesses, by providing them an

opportunity to explain details of the offer and market their particular capabilities. The opportunity to participate in discussions

increases the probability of selection for award, and is, therefore, expected to benefit small business.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR 215 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 41 USC 421; 48 CFR ch 1

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 11/24/2010 75 FR 71647 

NPRM Comment Period End 01/24/2011 

Final Action 06/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

37

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Energy Affected: No

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 

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AG83

 View Related Documents

Title: Reporting of Government-Furnished Property (DFARS Case 2009-D043)

Abstract: This rule revises and expands reporting requirements for Government-furnished property to include items uniquely

and non-uniquely identified, and to clarify policy for contractor access to Government supply sources. The clause at Defense

Federal Acquisition Regulation Supplement (DFARS) 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. The objective of the rule is to

improve the accountability and control of DoD assets. At the time of publication, DoD was unable to estimate the number of

small entities to which this rule will apply. Therefore, DoD invited comments from small business concerns and other interested

parties on the expected impact of this rule on small entities.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR 211; 48 CFR 212; 48 CFR 252 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 41 USC 421

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/22/2010 75 FR 80426 

NPRM Comment Period Extended 02/18/2011 76 FR 9527 

Public Meeting 03/18/2011 76 FR 11190 

NPRM Comment Period End 04/08/2011 

Final Action 06/00/2011 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Federalism: No

Energy Affected: No

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 

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AG88

 View Related Documents

Title: Prohibition on Interrogation of Detainees by Contractor Personnel (DFARS Case 2010-D027)

Abstract: This rule implements section 1038 of the Fiscal Year 2010 National Defense Implements Authorization Act (Pub. L.

111-84). Section 1038 prohibits contractor personnel from interrogating detainees under the control of the Department of

Defense. It also allows the Secretary of Defense to waive the prohibition for a limited period of time, if determined necessary to

the national security interests of the United States. The interim rule added coverage at Defense Federal Acquisition Regulation

38

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Supplement (DFARS) 237.173 and a new clause at DFARS 252.237-7010 that prescribes policies prohibiting interrogation of

detainees by contractor personnel as required by the statute. The interim rule also addressed permissible support roles for

contractors by providing that contractor personnel with proper training and security clearances may be used as linguists,

interpreters, report writers, information technology technicians, and other employees filling ancillary positions, including as

trainers of, and advisors to, interrogations, if the contractor personnel meet the criteria provided by DoD Instruction 1100.22,

Policy and Procedures for Determining Workforce Mix; DoD Directive 2310.01E, The Department of Defense Detainee Program;

and DoD Directive 3115.09, DoD Intelligence Interrogations, Detainee Debriefings, and Tactical Questioning. This rule only

prescribed policies that prohibit interrogation of detainees by contractor personnel. DoD anticipates that there will be no

additional costs imposed on small businesses.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR 237; 48 CFR 252 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 41 USC 421; PL 111-84

Legal Deadline: Immediate implementation of this statute is necessary to preclude a contracting officer from inadvertently

awarding a contract that allows for the interrogation of detainees by contractor personnel.

Action Source Description Date

Other Statutory section 1038 of the Fiscal Year 2010 National Defense Authorization Act

(Pub. L 111-84) 

Timetable:

Action Date FR Cite

Interim Final Rule Effective 11/03/2010 

Interim Final Rule 11/03/2010 75 FR 67632 

Interim Final Rule Comment Period End 01/03/2011 

Final Action 06/00/2011 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Federalism: No

Energy Affected: No

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 

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AG90

 View Related Documents

Title: Participation of Historically Black Colleges and Universities and Minority-Serving Institutions in Defense Research

Programs

Abstract: This rule implements section 252 of the National Defense Authorization Act for Fiscal Year 2010 which addresses the

establishment of a program to provide assistance to institutions of higher education. Section 252 requires the Secretary of

Defense through the Director of Defense Research and Engineering and the Secretary of each military department, carry out a

program to provide assistance to covered educational institutions which aid DoD in the areas of defense-related research,

development, testing, and evaluation. A "covered educational institution" means (1) an institution of higher education eligible for

assistance under titles III or V of the Higher Education Act of 1965 (20 U.S.C. 1051 et seq.); or (2) an accredited postsecondary

minority institution. The objective of the program is to enhance defense-related research and education at these educational

institutions. Under this program, the Secretary of Defense may provide covered educational institutions with funding or technical

assistance to support research, development, testing, and evaluation activities and educational enhancements in areas

important to national defense through the competitive awarding of contracts and/or the acquisition of research equipment or

instrumentation. Because the new program provided under this rule will replace an existing program that pertained to the same

participants, it is anticipated that the rule will not impose any burdens on the participants.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR ch 2 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 41 USC 421; PL 111-84

Legal Deadline: None

39

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Timetable:

Action Date FR Cite

Interim Final Rule 06/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Federalism: No

Energy Affected: No

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 

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AG92

 View Related Documents

Title: Identification of Critical Safety Items

Abstract: This rule amends the Defense Federal Acquisition Regulation Supplement (DFARS) to add a new contract clause

that clearly identifies any items being purchased that are critical safety items so that the proper risk-based surveillance can be

performed. When DoD requiring activities initiate procurements involving critical safety items, the buying activities will include a

clause in the solicitation and resulting contract that identifies specific items in the procurement that are critical safety items. The

National Defense Authorization Act for Fiscal Year 2004 (Pub. L. 108-136), section 802, entitled "Quality Control in Procurement

of Aviation Critical Safety Items and Related Services," defined "aviation critical safety item" to mean a part, assembly,

installation equipment, launch equipment, recovery equipment, or support equipment for an aircraft or aviation weapon system

which, if it failed, could cause catastrophic damage, unacceptable risk of personal injury, or loss of life. Implementing

regulations established processes for designated design control activities to identify aviation critical safety items. When design

control activities identify such items to the contracting activity, they will contract only with sources approved by the design

control activity for the procurement, modification, repair, or overhaul of critical safety items. Using the clause in this proposed

rule will enable contract administration activities to identify and apply additional risk-based surveillance to comply with joint

agency instructions such as Management of Aviation Critical Safety Items (dated January 25, 2006). The rule does not impose

new requirements on small entities. Its purpose is to alert Government quality-assurance activities to existing heightened

surveillance requirements that are imposed by DoD requiring activities. The process for identifying an item as a critical safety

item occurs entirely outside the procurement process, as does the process of approving a source for production of a critical

safety item. Therefore, any economic impact is expected to be minimal.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR 209; 48 CFR 252 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 410 USC 421; PL 109-136

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 03/17/2011 76 FR 14641 

NPRM Comment Period End 05/16/2011 

Final Action 08/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Federalism: No

Energy Affected: No

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 

E-Mail: ynette.shelkin@osd.mil

40

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AG93

 View Related Documents

Title: Definition of Sexual Assault; DFARS Case 2010-D023

Abstract: This rule amends the Defense Federal Acquisition Regulation Supplement (DFARS) regarding Contractor Personnel

Authorized to Accompany U.S. Armed Forces Deployed Outside the United States, to ensure contractor employees are aware of

the DoD definition of "sexual assault" as defined in DoD Directive 6495.01, Sexual Assault Prevention and Response (SAPR)

Program. In addition to ensuring an awareness of the definition, the proposed change will inform contractors that, for contractor

employees accompanying U.S. Armed Forces, such offenses are covered under the Uniform Code of Military Justice. This

proposed change will add a new item for compliance with laws and regulations at DFARS 252.225-7040(d)(3). DoD Inspector

General audit D-2010-052, entitled "Efforts to Prevent Sexual Assault/Harassment Involving DoD Contractors During

Contingency Operations," dated April 16, 2010, pro vided recommendations for the Under Secretary of Defense for Acquisition,

Technology, and Logistics to develop requirements in all DOD contracts supporting contingency operations to ensure contractor

employees accompanying U.S. Armed Forces are aware of the definition of sexual assault. DFARS 252.225-7040(e)(2)(iv)

already informs contractors that contractor personnel authorized to accompany U.S. Armed Forces in the field are subject to the

jurisdiction of the Uniform Code of Military Justice. This change clarifies that sexual assault is an offense covered under the

Uniform Code of Military Justice. Accordingly, any economic impact is anticipated to be minimal.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR 252 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 410 USC 421

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 11/30/2010 75 FR 73997 

NPRM Comment Period End 01/31/2011 

Final Action 06/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Federalism: No

Energy Affected: No

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 

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AG94

 View Related Documents

Title: Responsibility and Liability for Government Property (DFARS Case 2010-D018)

Abstract: This rule amends the Defense Federal Acquisition Regulation Supplement (DFARS) to extend the Government selfinsurance policy for Government property provided under negotiated fixed-price contracts that are awarded on a basis other

than submission of certified cost or pricing data. This rule proposes that DoD contractors not be held liable for loss of

Government property under such contracts, and eliminates the use of Alternate I of the FAR clause at 52.245-1, Government

Property. Use of Alternate I requires contractors to assume the risk and be responsible for loss of Government property. The

basic premise of this case, that the Government should be self-insuring under contracts that provide Government property, is

supported by the Government Accountability Office (GAO) policy contained in GAO publication, GAO-04-261SP Appropriations

Law, and its decisions. Any impact of this rule on small entities is expected to be beneficial. The Government assuming the

liability for loss of Government property under negotiated fixed-price contracts awarded on a basis other than submission of

certified cost or pricing data should provide some relief for the small entities concerning costs to acquire insurance against risk

of loss.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

41

Regulations.gov Thursday, July 7, 2011 Unified Agenda
CFR Citation: 48 CFR ch 1 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 41 USC 421

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 06/00/2011 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Federalism: No

Energy Affected: No

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 

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AG95

 View Related Documents

Title: Government Support Contractor Access to Technical Data (DFARS Case 2009-D031)

Abstract: This rule amends the Defense Federal Acquisition Regulation Supplement (DFARS) to implement section 821 of the

National Defense Authorization Act for Fiscal Year 2010. Section 821 provides authority for certain types of Government support

contractors to have access to proprietary technical data belonging to prime contractors and other third parties, provided that the

technical data owner may require the support contractor to execute a non-disclosure agreement having certain restrictions and

remedies. Additionally, this rule amends the DFARS to provide needed editorial changes. The rule implements a new third

statutory exception to the prohibition on release of privately developed data outside the Government, allowing 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 non-disclosure 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. There are no known significant alternatives to the rule that would meet the requirements of the statute and

minimize any significant economic impact of the rule on small entities. The impact of this rule on small business is not expected

to be significant because the execution of a non-disclosure agreement is not likely to have a significant cost or administrative

impact.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR ch 1 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 111-84

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule Effective Date 03/02/2011 

Interim Final Rule 03/02/2011 76 FR 11363 

Interim Final Rule Comment Period End 05/02/2011 

Final Action 08/00/2011 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Ynette R. Shelkin 

Editor, Defense Acquisition Regulations System

42

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Department of Defense

Defense Acquisition Regulations Council

3060 Defense Pentagon Room 3B855

Washington , DC 20301-3060 

Phone: 703 602-8384 

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AG96

 View Related Documents

Title: Independent Research and Development Technical Descriptions (DFARS Case 2010-D011)

Abstract: This rule amends the Defense Federal Acquisition Regulation Supplement (DFARS) to require contractors to report

independent research and development (IR&D) projects generating annual costs in excess of $50,000 to the Defense Technical

Information Center (DTIC). Beginning in the 1990s, DoD reduced its technical exchanges with industry, in part to ensure

independence of IR&D. The result has been a loss of linkage between funding and technological purpose. The reporting

requirements, as mandated by 10 U.S.C. 2372, will provide in-process information from DoD-sponsored IR&D projects to

increase effectiveness by providing visibility into the technical content of industry IR&D activities to meet DoD needs and

promote the technical prowess of the industry. Without the collection of this information, DoD will be unable to maximize the

value of the IR&D funds disbursed without infringing on the independence of contractors to choose which technologies to

pursue in IR&D programs. Reporting the IR&D projects utilizing the DTIC on-line input form does not require contractors to

expend significant effort or cost. Furthermore, the threshold for reporting annual IR&D costs in excess of $50,000, as set forth in

the rule, ensures that the IR&D project reporting requirements will not apply to a significant number of small entities. Therefore,

economic impact is expected to be minimal.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR ch 1 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 10 USC 2372; 41 USC 421

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 03/02/2011 76 FR 11414 

NPRM Comment Period End 05/02/2011 

Final Action 08/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

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 

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AG97

 View Related Documents

Title: Agency Office of the Inspector General (DFARS Case 2011-D006)

Abstract: This rule amends the Defense Federal Acquisition Regulation Supplement (DFARS) to make some administrative

corrections relating to the DFARS clause 252.203-7003, Agency Office of the Inspector General. This rule adds the clause title

to the clause prescription at DFARS 203.1004 It also provides the address of the DoD Office of the Inspector General to the list

of contract terms and conditions required to implement statutes or Executive orders applicable to DoD acquisitions of

commercial items (DFARS 252.212-7001). This final rule does not constitute a significant FAR revision as defined at FAR 1.501-

1 because this rule will not have a significant cost or administrative impact on contractors or offerors, or a significant effect

beyond the internal operating procedures of the Government. Therefore, publication for public comment under 41 U.S.C. 1707 is

not required.

43

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 41 USC 421

Legal Deadline: None

Timetable:

Action Date FR Cite

Direct Final Rule 06/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Related RINs: Related to 0750-AG34

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 

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AG98

 View Related Documents

Title: Display of DoD Inspector General Fraud Hotline Posters (DFARS Case 2010-D026)

Abstract: This rule amends the Defense Federal Acquisition Regulation Supplement (DFARS) to require contractors to display

the DoD fraud hotline poster in common work areas within business segments performing work under the contract and at

contract work sites. This rule proposes to implement the recommendations of the DoD Inspector General (IG), by providing a

DFARS clause to use instead of the FAR clause 52.203-14, Display of Hotline Poster(s). The new DFARS clause provides no

exception to the use of the DoD hotline poster for contractors that have implemented a business ethics and conduct awareness

program, including a reporting mechanism such as a hotline poster, as does the FAR clause. The DFARS clause also provides

for display of any applicable Department of Homeland Security hotline poster identified by the contracting officer. The

requirement to display posters has minimal economic impact and the rule only applies to contracts and subcontracts that

exceed $5 million in value, so many small business concerns are not impacted at all.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 41 USC 421

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 03/11/2011 76 FR 13327 

NPRM Comment Period End 05/10/2011 

Final Action 08/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

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 

E-Mail: ynette.shelkin@osd.mil

44

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH02

 View Related Documents

Title: Alternative Line-Item Structure (DFARS Case 2010-D017)

Abstract: This rule amends the Defense Federal Acquisition Regulation Supplement (DFARS) to provide an offeror the

opportunity to propose an alternative contract line-item structure from what is described in the solicitation that reflects the

offeror's business practices for selling and billing commercial items and initial provisioning of spares for weapon systems. An

offeror's proposed alternative-line item structure must be consistent with DFARS 204.71, which provides explicit guidance on the

use of contract line items and subline items. Establishing a process that provides offerors an opportunity to propose an

alternative contract line item structure is a first step in the transformation towards manageable variation in the transactions

across DoD. DoD identified the need to propose an alternative line-item structure during process reviews and working group

sessions which were chartered by the Defense Finance and Accounting System, for the purposes of examining issues causing

problems in the receipt and acceptance phase for contract deliverables and payments.. The line-item structure in a solicitation is

not always sufficient for delivery, payment, and subsequent inventory management of the items delivered. For example, the

contract line item may be for a desktop computer, but the actual items delivered, invoiced, and inventoried may reflect a

separate monitor, keyboard, and central processing unit. The resultant misalignment of transaction detail (i.e., contract line item,

invoiced unit, delivery and inventory unit) is the cause of failures in the electronic processes of the DoD's business enterprise

requiring manual intervention with potential delays in contractor payment. This rule is designed to address this recurring problem

by allowing offerors to propose changes in their offer to the solicitation's line-item structure. DoD expects that formalizing the

ability to propose an alternative line-item structure in a standard DFARS provision for commercial items and initial provisioning

spares for weapon systems will prevent future contract administration and payment problems. Because this change will not add

to, or delete from existing requirements or authorities for entities to include alternative line-item structures in their offers,

economic impact is anticipated to be minimal.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 410 USC 421

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 06/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Federalism: No

Energy Affected: No

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 

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH05

 View Related Documents

Title: Passive Radio Frequency Identification (DFARS Case 2010-D014)

Abstract: This rule amends the Defense Federal Acquisition Regulation Supplement (DFARS) to update requirements relating

to the use of passive Radio Frequency Identification (RFID). This DFARS case was initiated at the request of the Office of

Logistics and Material Readiness (L&MR) of the Office of the Secretary of Defense (Acquisition, Technology, and Logistics) to

revise DFARS 211.275, Radio frequency identification, to— 1. Clarify that RFID requirements apply only to passive RFID which

is defined in the associated clause at 252.211-7005; 2. Supply a link to a web site in lieu of individually listing ship-to

addresses; 3. Enable contracting officers to add tagging requirements to contracts shipping to DoD Activity Address Codes

(DoDAACs) not specifically listed at the web site; 4. Make pharmaceuticals subject to the Class VIII RFID tagging requirements;

and 5. Revise the clause at 252.211-7006, including the title, to reflect the changes above. As the use of passive RFID

technology continues to expand and additional DoD sites gain the capability to use RFID identifier tags, the DFARS regulations

45

Regulations.gov Thursday, July 7, 2011 Unified Agenda
associated with passive RFID are being proposed for complementary updates. Because the rule does not add to or delete the

existing regulations on RFID use, economic impact is expected to be minimal. The only alternative to the proposed rule is to

leave the current DoD RFID requirements intact. However, that alternative would not minimize the economic impact on small

entities, as does the proposed rule.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 410 USC 421

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 02/22/2011 76 FR 9714 

NPRM Comment Period End 04/25/2011 

Final Action 09/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Federalism: No

Energy Affected: No

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 

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH12

 View Related Documents

Title: Definition of Multiple-Award Contract (DFARS Case 2011-D016)

Abstract: This rule amends the Defense Federal Acquisition Regulation Supplement (DFARS) by revising the definition of

multiple-award contract at DFARS 207.107-2. The revisions are being made to correct the current definition by: 1. Deleting

"Orders place using" to reflect that the multiple-award contract is the basic schedule, not the individual orders placed under it; 2.

Adding "or Department of Veterans Affairs" to correctly reflect the agencies that have statutory authority to issue schedule

contracts; and 3. Adds hyphens where appropriate for unit modifiers. The revised DFARS language is correcting previous

imprecision in implementing the statute. No policy or substantive changes are being made. Therefore, in accordance with FAR

1.501 and 41 U.S.C. 1707, publication for public comments is not necessary.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR 207 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 410 USC 421

Legal Deadline: None

Timetable:

Action Date FR Cite

Direct Final Rule 06/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Federalism: No

Energy Affected: No

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 

E-Mail: ynette.shelkin@osd.mil

46

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH13

 View Related Documents

Title: Assignment of Order Code (DFARS Case 2011-D004)

Abstract: This rule amends the Defense Federal Acquisition Regulation Supplement (DFARS) to specify Defense Procurement

and Acquisition Policy, Program Development and Implementation, as the office responsible for maintaining order code

assignments. DPAP policy letter dated September 21, 2010, replaced the Defense Logistics Agency (DLA) with Defense

Procurement and Acquisition Policy, Program Development and Implementation, as the responsible office for the maintenance

of all order code assignments for use in the first two positions of an order number when an activity places an order against

another activity's contract or agreement. As a result of revising this subpart, the DLA order code monitor office needs to be

updated, and an administrative correction made for the address of the Deputy Assistant Secretary of the Army (Procurement).

As a result of these changes, DFARS 204.7005, Assignment of order codes, is being revised. This rule does not constitute a

significant FAR revision within the meaning of 41 U.S.C. 1701 and FAR 1.501 and does not require publication for public

comment.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR 204 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 410 USC 421

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 06/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Federalism: No

Energy Affected: No

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 

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH15

 View Related Documents

Title: Increase the Use of Fixed-Price Incentive (Firm Target) Contracts (DFARS Case 2011-D010)

Abstract: This rule amends the Defense Federal Acquisition Regulation Supplement (DFARS) to increase the use of fixedprice incentive (firm target) contracts, with particular attention to share lines and ceiling prices. This DFARS case was initiated to

incentivize productivity and innovation in industry, as set forth in a memorandum from the Under Secretary of Defense for

Acquisition, Technology and Logistics, dated November 3, 2010. The memorandum provided guidance to the secretaries of the

military departments and directors of defense agencies on obtaining greater efficiency and productivity in defense spending. In

support of this initiative, DoD is proposing to amend DFARS subpart 216.4 to require that contracting officers must: 1. Give

particular consideration to the use of fixed-price incentive (firm target) contracts, especially for acquisitions moving from

development to production; and 2. Pay particular attention to share line and ceiling prices for fixed-price incentive (firm target)

contracts, with 120 percent ceiling and a 50/50 share ratio as the default arrangement. This rule does not impose economic

burdens on contractors. The purpose and effect of this rule is to establish an approval threshold for contract type and to

encourage the use of a particular contract type in order to incentivize productivity and innovation in industry. Small entities are

more likely to receive awards for commercial products, including commercially available off-the-shelf products, for which firmfixed-price contracts are appropriate.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR 216 (To search for a specific CFR, visit the Code of Federal Regulations ) 

47

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Legal Authority: 410 USC 421

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 03/02/2011 76 FR 11410 

NPRM Comment Period End 05/02/2011 

Final Action 08/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Federalism: No

Energy Affected: No

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 

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH16

 View Related Documents

Title: Foreign Acquisition Amendments (DFARS Case 2011-D017)

Abstract: This rule amends the Defense Federal Acquisition Regulation Supplement (DFARS) to correct several

inconsistencies resulting from recent changes relating to source of ball and roller bearing components, participation of foreign

contractors in acquisitions in support of operations in Afghanistan and eligibility of Peruvian end products under trade

agreements, This final rule will also make a conforming change to the clause date for 252.225-7016, Restriction on the

Acquisition of Ball and Roller Bearings, in the clause at 252.212-7001, Contract Terms and Conditions Required to Implement

Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items. This final rule will not constitute a

significant FAR revision as defined at FAR 1.501-1 because this rule will not have a significant cost or administrative impact on

contractors or offerors, or a significant effect beyond the internal operating procedures of the Government. Therefore, publication

for public comment under 41 U.S.C. 1701 and FAR 1.501 is not required.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR 225 and 252 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 41 USC 421

Legal Deadline: None

Timetable:

Action Date FR Cite

Direct Final Rule 06/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

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 

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH17

48

Regulations.gov Thursday, July 7, 2011 Unified Agenda
 View Related Documents

Title: Nonavailability Exception for Procurement of Hand or Measuring Tools (DFARS Case 2011-D025)

Abstract: This rule implements section 847 of the National Defense Authorization Act for Fiscal Year 2011 (Pub. L. 111-383).

Section 847 provides a nonavailability exception to the requirement at 10 U.S.C. 2533a (Berry Amendment) to acquire only

domestic hand or measuring tools. This rule amends Defense Federal Acquisition Regulation Supplement (DFARS) 225.7002-2

to implement section 847. The nonavailability exception was previously limited to the items covered in 10 U.S.C. 2533(b)(1). The

rule allows purchase of hand or measuring tools from foreign sources only when such tools are not available from domestic

sources. If no domestic sources produce the tools, then allowing purchase from a foreign source will not impact any U.S. small

business.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR 225 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 111-383; 10 USC 2533a

Legal Deadline: This interim rule implements section 847 of the National Defense Authorization Act for Fiscal Year 2011. This

requirement became effective upon enactment, January 7, 2011.

Action Source Description Date

Other Statutory Statute is effective upon implementation of NDAA for FY 11 01/07/2011 

Timetable:

Action Date FR Cite

Interim Final Rule Effective Date 03/17/2011 

Interim Final Rule 03/17/2011 76 FR 14588 

Interim Final Rule Comment Period End 05/16/2011 

Final Action 08/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

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 

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH20

 View Related Documents

Title: Electronic Ordering Procedures (DFARS Case 2009-D037)

Abstract: This rule addresses electronic business procedures for placing orders. This rule adds a new clause in the Defense

Federal Acquisition Regulation Supplement (DFARS) to clarify this process and standardize issuance of orders via electronic

means DoD currently has the capability to distribute orders electronically on a routine basis, and can post to a website that any

contractor can access. In order to make this possible, the DFARS needs to provide language that will make those procedures a

routine part of contract issuance. This will enable DoD to further the goals of the E-Government Act of 2002 (Pub. L. 107-347).

The benefit of this rule to small business is that it will make electronic distribution procedures a routine part of order issuance.

This change will ultimately help improve the management and promotion of electronic Government services and processes, and

will establish a framework to improve public access to Government information, and services.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR ch 2 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 41 USC 421; PL 107-347

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 06/00/2011 

49

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Regulatory Flexibility Analysis Required: Business;

Organizations Government Levels Affected: No

Federalism: No

Energy Affected: No

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 

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AG35

 View Related Documents

Title: Minimizing the Use of Materials Containing Hexavalent Chromium (DFARS Case 2009-D004)

Abstract: This rule proposes to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to address

requirements for minimizing the use of hexavalent chromium in items purchased by DoD. The rule prohibits the delivery of items

containing hexavalent chromium under DoD contracts unless an exception applies or has been authorized by the Government.

On April 8, 2009, the Under Secretary of Defense (Acquisition, Technology, and Logistics) issued a memorandum establishing

policy for the minimization of hexavalent chromium use throughout DoD. The rule allows for the codification of the policy

outlined in the April 8, 2009, memorandum for the acquisition community to effectively implement the guidance in contract

requirements. This rule adds a new DFARS subpart and a corresponding contract clause to address requirements for

minimizing the use of hexavlent chromium in items purchased by DoD. The rule enables DoD to comply with the requirements

established in Executive Orders 13514 and 13423 to reduce the use of toxic and hazardous substances. Further, the rule is

timely and necessary to provide industry guidance and policy to adopt substitutes for hexavalent chromium. Non-hexavalent

chromium processes should be less costly due to the use of less hazardous materials and related control and disposal cost.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR 223; 48 CFR 252 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 41 USC 421

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Action 00/00/0000 

NPRM 04/08/2010 75 FR 18041 

NPRM Comment Period End 06/07/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Small Entities Affected: No Federalism: No

Energy Affected: No

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 

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AG40

 View Related Documents

Title: Electronic Subcontracting Reporting System (DFARS Case 2009-D002)

Abstract: This rule amends the Defense Federal Acquisition Regulation Supplement (DFARS) to address requirements for

DoD contractors to use the Electronic Subcontracting Reporting System (eSRS) for submission of small business subcontracting

50

Regulations.gov Thursday, July 7, 2011 Unified Agenda
reports to the Government. This rule amended DFARS subparts 219.708 and 252.219 to provide DoD-specific procedures and

policies related to its implementation of eSRS. The FAR has already been revised to reflect use of eSRS, rather than Standard

Form 294 (Subcontract Report for Individual Contracts)and Standard Form 295 (Summary Subcontract Report) for submission of

small business subcontract reports. This interim rule provided to DoD contractors the DoD-specific policies and procedures that

they must follow in order to be able to submit subcontract reports using eSRS, as required by the FAR, Small businesses are

not required to have subcontracting plans, and therefore, are not required to use eSRS to submit reports on their progress in

achieving the goals in those plans. Therefore, minimal economic impact is expected.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR 219.708; 48 CFR 252.212-7001; 48 CFR 252.219-7003; 48 CFR 252.219-7004 (To search for a specific

CFR, visit the Code of Federal Regulations ) 

Legal Authority: 41 USC 421

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Action 00/00/0000 

Interim Final Rule Effective 10/25/2010 

Interim Final Rule 10/25/2010 75 FR 65439 

Interim Final Rule Comment Period End 12/27/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Small Entities Affected: No Federalism: No

Energy Affected: No

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 

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH00

 View Related Documents

Title: Evaluated Priced Options on Existing Federal Prison Industries Contracts

Abstract: This rule amends the Defense Federal Acquisition Regulation Supplement (DFARS) to provide clarification to

contracting officers and other acquisition officials regarding application of section 827 of the National Defense Authorization Act

for Fiscal Year 2008 to exercise of evaluated priced options in existing Federal Prison Industries (FPI) contracts or other existing

prime contracts for a product for which FPI is a mandatory source. On November 19, 2009, a final rule was published at 74 FR

59914, which amended the DFARS to implement section 827 of the National Defense Authorization Act (NDAA) for Fiscal Year

2008. Section 827 changed competition requirements for purchases from FPI. The statute requires DoD to use competitive

procedures when procuring products for which FPI has a significant market share. However, if an existing FPI contract, or an

existing prime contract for a product for which FPI is a mandatory source, includes an option clause and a priced option (or

options) that was evaluated and awarded prior to the publication of the current list of Federal Supply Classification (FSC) items

to be competed, the contracting officer may determine whether— • Competing the product will have no adverse impact on

meeting mission requirements; or, conversely, • There is not a reasonable amount of time to solicit the product for competition. If

the evaluated priced option is exercised based on the latter determination, the contracting officer is not allowed to award a

subsequent evaluated option to FPI without competition, if the item remains on the list. DoD does not expect this rule to have a

significant cost or administrative impact on contractors or offerors because the procedures for purchasing from Federal Prison

Industries already exist within the FAR. However, DoD will invite comments from small business concerns and other interested

parties on the expected impact of this rule on small entities.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR ch 2 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 41 USC 421; PL 110-181

Legal Deadline: None

Timetable:

Action Date FR Cite

51

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Interim Final Rule 00/00/0000 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Federalism: No

Energy Affected: No

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 

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH10

 View Related Documents

Title: Notification of Subcontractor Compliance (DFARS Case 2011-D007)

Abstract: This rule removes the requirement for a contractor to provide notification at the request of the administrative

contracting officer of any substitutions of firms that are not small business firms for the small business firms specifically identified

in the subcontracting plan because it duplicates information provided to the Electronic Subcontracting Reporting System. DoD

contractors are required to submit information on subcontracting plan compliance bi-annually via the Electronic Subcontracting

Reporting System (eSRS) in accordance with Federal Acquisition Regulation (FAR) clause 52.219-9 and DFARS clause

252.219-7003(h). As such, the compliance notification requirement at DFARS 219-704(2) and DFARS clause 252.219-7003(g) is

a duplication of effort on the part of the contractor. This rule therefore proposes deletion of the language at DFARS 219.704(2)

and DFARS 252.219-7003(g) in its entirety. No significant economic impact is anticipated because the reporting requirement (1)

is not a significant burden, and (2) only applies to prime contractors with contracts that exceed $650,000 ($1.5 million for

construction).

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR ch 2 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 41 USC 421

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 00/00/0000 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

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 

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH11

 View Related Documents

Title: Only One Offer (DFARS Case 2011-D013)

Abstract: This rule amends the Defense Federal Acquisition Regulation Supplement to address acquisitions in which only one

offer is received. If less than 30 days was allowed for receipt of proposals, the contracting officer must re-solicit for an additional

30 days. If the solicitation allowed at least 30 days for receipt of proposals, then the contracting officer must conduct

negotiations. Both of these requirements can be waived by the head of the contracting activity, without power of re-delegation.

52

Regulations.gov Thursday, July 7, 2011 Unified Agenda
This rule was initiated to implement the initiative on promoting real competition that was presented by the Under Secretary of

Defense for Acquisition, Technology & Logistics in a memorandum dated November 3, 2010. In support of this initiative, DoD is

proposing to amend DFARS subparts 215.3 and 215.4. The rule affects only those small entities that respond to a Federal

competitive solicitation and no other offer is received. Any impact of this rule on small business is expected to be predominantly

positive, by allowing more opportunity for competition.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR ch 2 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 41 USC 421

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 00/00/0000 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Small Entities Affected: Business Federalism: No

Energy Affected: No

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 

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AF51

 View Related Documents

Title: Award Fee Contracts (DFARS Case 2006-D021)

Abstract: This rule amended the Defense Federal Acquisition Regulation Supplement (DFARS) to address the appropriate use

of award and incentive fees in DoD acquisitions, by revising the guidance for award-fee evaluations and payments, eliminating

the use of provisional award-fee payments, and incorporating DoD policy guidance on the use of objective criteria. A new

clause entitled Award Fee sets forth the use of award fees in DoD contracts. Most contracts awarded to small entities use

simplified acquisition procedures or are awarded on a competitive fixed-price basis and do not utilize award-fee type incentives.

Therefore, DoD expects that the economic impact will be minimal.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR 216.4 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 109-364, sec 814

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 04/30/2010 75 FR 22728 

NPRM Comment Period End 06/29/2010 

Final Action Effective 02/14/2011 

Final Action 02/14/2011 76 FR 8303 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Small Entities Affected: No Federalism: No

Energy Affected: No

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 

53

Regulations.gov Thursday, July 7, 2011 Unified Agenda
E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AG43

 View Related Documents

Title: Reporting of Government Property Losses (DFARS Case 2008-D049)

Abstract: This rule was to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to address requirements

for DoD contractors to report any loss, theft, damage, or destruction of Government property using the Defense Contract

Management Agency eTools application. The rule would have provided a clause at DFARS 252.245-7002, Reporting Loss of

Government property, that requires DoD contractors to report the loss, theft, damage, and destruction of Government property

to the DCMA eTools application. The rule would also have eliminated unnecessarily duplicative language in clause 252.245-

7002, Reporting Loss of Government Property, and made other editorial changes. The rule was expected to have a positive or

beneficial impact on small entities by making available a Government-provided software application to use for reporting

purposes. any start-up costs were expected to be minimal. This rule is now identified by the Regulatory Identification Number

(RIN) 0750-AG64 and has been withdrawn under this RIN.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR 245; 48 CFR 252 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 41 USC 421

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 04/30/2010 75 FR 22729 

NPRM Comment Period End 06/29/2010 

Withdrawn 02/02/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Small Entities Affected: Business Federalism: No

Energy Affected: No

Related RINs: Duplicate of 0750-AG64

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 

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AG44

 View Related Documents

Title: Government-Furnished Equipment Marking (DFARS Case 2008-D050)

Abstract: This rule amended the Defense Federal Acquisition Regulation Supplement (DFARS) to address requirements for

DoD contractors to tag, label, or mark Government-furnished property items that have been designated to be uniquely tracked,

controlled, or managed in maintenance, repair and/or supply systems by means of their serial numbers (serialized item

management). The rule provided a new DFARS clause at 252.245-7001, Tagging, Labeling, and Marking of GovernmentFurnished Property, to implement and facilitate the requirements. The rule also provided a list of eight exceptions to the policy,

including when the items are intellectual property or software; or have been previously tagged, labeled, or marked. The rule

applies only to DoD contractors provided with Government-furnished property that is subject to serializing item management.

Any start-up costs that contractors will incur to comply with the rule are expected to be minimal.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR 211.274; 48 CFR 252 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 41 USC 421

Legal Deadline: None

54

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Timetable:

Action Date FR Cite

NPRM 05/07/2010 75 FR 25160 

NPRM Comment Period End 07/06/2010 

Final Action Effective 02/02/2011 

Final Action 02/02/2011 76 FR 6003 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Small Entities Affected: Business Federalism: No

Energy Affected: No

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 

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AG45

 View Related Documents

Title: Preservation of Tooling for Major Defense Acquisition Programs (DFARS Case 2008-D042)

Abstract: This rule proposes to Amend the Defense Federal Acquisition Regulation Supplement (DFARS) to address

requirements for the preservation and storage of unique tooling associated with the production of hardware for major defense

acquisitions through the end of the service life of the end item associated with such an acquisition. The rule implements section

815 of the National Defense Authorization Act for Fiscal Year 2009. The rule requires that the milestone decision authority

approve and periodically review a plan for the preservation and storage of such tooling. The rule also provides a mechanism for

the Secretary of Defense to waive the requirements and certain circumstances. Because the rule addresses internal DoD

procedural matters only, DoD expects minimal if any economic impact.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR 207.106 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 110-417, sec 815

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 05/07/2010 75 FR 25159 

NPRM Comment Period End 07/06/2010 

Final Action Effective 03/02/2011 

Final Action 03/02/2011 76 FR 11361 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Small Entities Affected: No Federalism: No

Energy Affected: No

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 

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AG46

 View Related Documents

55

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Title: Cost and Software Data Reporting (DFARS Case 2008-D027)

Abstract: This rule amended the Defense Federal Acquisition Regulation Supplement (DFARS) to address requirements for

DoD contractors to establish and maintain a cost and software data reporting process under contracts for major defense

acquisitions as defined in 10 U.S.C. 2430 and major automated information systems as defined in 10 U.S.C. 2445a, i.e., major

weapon systems procurements. During the proposal submission process, offerors are required to describe the process to be

used to comply with the requirements, submit certain cost information with their pricing proposals, and use a Governmentapproved plan as the basis for reporting. Because the rule only applies to DoD contractors with contracts for major weapons

systems procurements, and most small businesses do not participate in such procurements, the economic impact is expected to

be minimal.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR 234; 48 CFR 242; 48 CFR 252 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 41 USC 421

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 05/07/2010 75 FR 25165 

NPRM Comment Period End 07/14/2010 

Final Action Effective 11/24/2010 

Final Action 11/24/2010 75 FR 71560 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Small Entities Affected: Business Federalism: No

Energy Affected: No

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 

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AG48

 View Related Documents

Title: Multiyear Contract Authority for Electricity From Renewable Energy Sources (DFARS Case 2008-D006)

Abstract: This rule amends the Defense Federal Acquisition Regulation Supplement (DFARS) to implement section 828 of the

National Defense Authorization Act for Fiscal Year 2008. Section 828 contains limitations on DoD award of multiyear contracts

for the purchase of electricity. The rule amended DFARS parts 217 and 241 to authorize DoD to enter into a contract for a

period not to exceed 10 years for the purchase of electricity from sources of renewable energy, as that term is defined in section

203(b)(2) of the Energy Policy Act of 2005 (42 U.S.C. 15852(b)(2)). Economic impact is not anticipated to be significant because

there are a very limited number of small businesses engaged in the sale of energy-related services, to include the sale of

renewable energy.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR 217 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 110-181, sec 828

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule Effective 06/21/2010 

Interim Final Rule 06/21/2010 75 FR 34942 

Interim Final Rule Comment Period End 08/20/2010 

Final Action Effective 03/17/2011 

Final Action 03/17/2011 76 FR 14587 

56

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Small Entities Affected: No Federalism: No

Energy Affected: No

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 

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AG51

 View Related Documents

Title: Foreign Participation in Acquisitions in Support of Operations in Afghanistan (DFARS Case 2009-D012)

Abstract: This rule was intended to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to implement

DoD waivers of the Trade Agreements Act and the Balance of Payments Program to allow acquisition of products or services

from the South Caucasus and Central and South Asian States in support of operations in Afghanistan. This rule is now identified

by the Regulatory Identification Number (RIN) 0750-AG80 and has been withdrawn under this RIN.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR 225; 48 CFR 252 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 41 USC 421

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 01/06/2010 75 FR 832 

NPRM Comment Period End 03/09/2010 75 FR 1567 

Withdrawn 12/29/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Small Entities Affected: No Federalism: No

Energy Affected: No

International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of

international interest.

Related RINs: Duplicate of 0750-AG80

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 

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AG52

 View Related Documents

Title: Continuation of Essential Contractor Services (DFARS Case 2009-D017)

Abstract: This rule amends the Defense Federal Acquisition Regulation Supplement (DFARS) to address requirements for the

continuation of essential contractor services during emergency situations. The rule added policy and a contract clause requiring

that contractors providing essential contractor services, as determined by the requiring activity, shall be prepared to continue

such services during periods of crisis. This rule is necessary to ensure that essential contractor services are not interrupted. The

current changing threat environment, particularly under the additional challenges caused by such potential crises as destructive

weather, earthquakes, or pandemic disease, has increased the need for continuity of operations capabilities and plans that

57

Regulations.gov Thursday, July 7, 2011 Unified Agenda
enable agencies to continue their essential functions during a broad range of emergencies and crises. Because the rule allows

for an equitable adjustment for additional costs that are incurred during a crisis situation, minimal economic impact is

anticipated.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR 237; 48 CFR 252 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 41 USC 421

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule Effective 03/05/2010 

Interim Final Rule 03/05/2010 75 FR 10191 

Interim Final Rule Comment Period End 05/04/2010 

Final Action Effective 10/29/2010 

Final Action 10/29/2010 75 FR 66680 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Small Entities Affected: Business Federalism: No

Energy Affected: No

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 

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AG56

 View Related Documents

Title: Payments in Support of Emergencies and Contingencies (DFARS Case 2009-D020)

Abstract: This rule implemented exemptions from the prompt Payment Act for military payments related to contingencies and

certain payments related to emergencies and the release or threatened release of hazarous substances. DoD requires the

flexibility provided by this rule because of the potential for unstable environments during emergencies and contingency

operations. During emergencies and contingency operations, the operational area can be so fluid and dynamic that carrying out

normal business practices can be extremely challenging. It is necessary for the Head of the Contracting Activity (HCA) to have

the authority to appropriately respond to emergency and contingency operations whenever limited operational conditions exist.

This includes the payment of contractors. This rule is expected to have a minimal economic impact on a relatively small number

of small business entities. It is anticipated that the rule could initially be applied to contracts supporting Afghanistan. As of today,

normal business operations are hindered in Afghanistan due to the uncertain environment and instability in the region.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR 232; 48 CFR 252 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 41 USC 421

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule Effective 07/13/2010 

Interim Final Rule 07/13/2010 75 FR 40711 

Interim Final Rule Comment Period End 09/13/2010 

Final Action 03/02/2011 76 FR 11371 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Federalism: No

Energy Affected: No

Agency Contact: Ynette Shelkin Department of Defense

Defense Acquisition Regulations Council

58

Regulations.gov Thursday, July 7, 2011 Unified Agenda
3060 Defense Pentagon

Washington , DC 20301 

Phone: 703 602-8384 

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AG57

 View Related Documents

Title: Restriction on Ball and Roller Bearings (DFARS Case 2006-D029)

Abstract: Revised the domestic source restriction on acquisition of ball and roller bearings. The current Defense Federal

Acquisition Regulation Supplement (DFARS) restriction on ball and roller bearings requires that the bearings and the main

bearing components be wholly manufactured in the United States or Canada. This requirement was based on a restriction that

expired on October 1, 2005. The final rule, which implemented the DoD annual appropriations act domestic source restrictions,

required that each ball or roller bearing be manufactured in the United States, its oulying areas, or Canada, and that the cost of

the bearing components manufactured in the United States, its outlying areas, or Canada, shall exceed 50 percent of the total

cost of the bearing components of the ball or roller bearing. This restriction does not apply to the acquisition of commercial

items, either as components or end products, unless the commercial bearings themselves are purchased as the end products.

Generally, the economic impact is considered to be positive because the rule allows more flexibility to domestic bearings

manufacturers in the acquisition of nondomestic components. Many of the bearing components that are being outsourced are no

longer readily available from domestic sources. If this rule were not implemented, there would be no requirement to

manufacture such bearings in the United States or Canada, or provide predominantly domestic components.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR 225 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 41 USC 421

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 05/07/2010 75 FR 25167 

NPRM Comment Period End 07/06/2010 

Final Action 12/08/2010 75 FR 76297 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: Federal

Federalism: No

Energy Affected: No

International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of

international interest.

Agency Contact: Ynette Shelkin Department of Defense

Defense Acquisition Regulations Council

3060 Defense Pentagon

Washington , DC 20301 

Phone: 703 602-8384 

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AG59

 View Related Documents

Title: Trade Agreements Thresholds (DFARS Case 2009-D040)

Abstract: This rule implemented new trade agreements thresholds, which took effect on January 1, 2010. The United States

Trade representative recalculates the thresholds every 2 years and publishes the thresholds in the Federal Register. The rule

amended the clause prescriptions at DFARS 225.1101 and 225.7503 to reflect increased thresholds for application of the trade

agreements. The purpose and effect of this rule is to adjust the dollar threshold changes to keep pace with inflation and thus

maintain the status quo. Because this rule does not impose additional economic burdens on DoD contractors, the economic

impact is expected to be minimal.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

59

Regulations.gov Thursday, July 7, 2011 Unified Agenda
CFR Citation: 48 CFR 225 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 41 USC 421

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule Effective 06/08/2010 

Interim Final Rule 06/08/2010 75 FR 32637 

Interim Final Rule Comment Period End 08/09/2010 

Final Action 10/29/2010 75 FR 66680 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Small Entities Affected: No Federalism: No

Energy Affected: No

International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of

international interest.

Agency Contact: Ynette Shelkin Department of Defense

Defense Acquisition Regulations Council

3060 Defense Pentagon

Washington , DC 20301 

Phone: 703 602-8384 

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AG60

 View Related Documents

Title: Balance of Payments Program Exemption for Commercial Information Technology-Construction Material (DFARS Case

2009-D041)

Abstract: This rule amended the Defense Federal Acquisition Regulation Supplement (DFARS) to implement the exemption

from the Balance of Payments Program for construction material that is commercial information technology. The rule amended

the DFARS to implement in the clauses at 252.225-7044, Balance of Payments Program--Construction Material, and 252.225-

7045, Balance of Payments Program--Construction Material under Trade Agreements, the exemption from the Balance of

Payments Program for construction material that is commercial information technology. The purpose and effect of this rule is to

provide an exception to the Balance of Payments Program for commercial information technology to be used in overseas

construction projects. This rule does not impose economic burdens on domestic contractors.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR 252 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 41 USC 421

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/08/2010 75 FR 32636 

NPRM Comment Period End 08/09/2010 

Final Action 10/29/2010 75 FR 66686 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of

international interest.

Agency Contact: Ynette Shelkin Department of Defense

Defense Acquisition Regulations Council

3060 Defense Pentagon

Washington , DC 20301 

Phone: 703 602-8384 

E-Mail: ynette.shelkin@osd.mil

60

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AG63

 View Related Documents

Title: Organizational Conflicts of Interest in Major Defense Acquisition Programs (DFARS Case 2009-D015)

Abstract: This rule implemented Defense Federal Acquisition Regulation Supplement (DFARS) section 207 of the Weapons

System Acquisition Reform Act of 2009 (WSARA) (Pub. L. 111-23). Section 207 requires DoD to revise the DFARS to provide

uniform guidance and tighten existing requirements for organizational conflicts of interest (OCIs) by contractors in major defense

acquisitions. The implementing rule addressed situations required by the statute and provided for such limited exceptions as are

necessary to ensure that DoD has continued access to advice on systems architecture and systems engineering matters from

highly qualified contractors, while also ensuring that such advice comes from sources that are objective and unbiased.. As

directed by the statute, DoD considered the recommendation presented by the Panel on Contracting Integrity and further

considered any findings and recommendations of the Administrator of the Office of Federal Procurement Policy (OFPP) and the

Director of the Office of Government Ethics (OGE), pursuant to section 841(b) of the Duncan Hunter National Defense

Authorization Act (NDAA) for Fiscal Year (FY) 2009 (Pub. L. 110-417). A FAR proposed rule on OCIs has not yet been

published, Accordingly, DoD has limited this rule to implementation of OCIs in major DoD acquisitions. Because the

requirements implemented in this rule do not differ substantially from the burden currently imposed on offerors and contractors

by the FAR, the economic impact of this rule is minimal.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR ch 1 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: Weapon System Reform Act of 2009 (WSARA); 41 USC 421

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 04/22/2010 75 FR 20954 

NPRM Comment Period Extended 06/15/2010 75 FR 33752 

NPRM Comment Period End 07/21/2010 

Final Action Effective 12/29/2010 

Final Action 12/29/2010 75 FR 81908 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Ynette Shelkin Department of Defense

Defense Acquisition Regulations Council

3060 Defense Pentagon

Washington , DC 20301 

Phone: 703 602-8384 

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AG64

 View Related Documents

Title: Reporting of Government Property Lost, Stolen, Damaged, or Destroyed (DFARS Case 2008-D049)

Abstract: This rule amended the Defense Federal Acquisition Regulation Supplement (DFARS) to address requirements for

DoD contractors to report any loss, theft, damage, or destruction of Government property using the Defense Contract

Management Agency eTools application. The rule provided a clause at DFARS 252.245-7002, Reporting Loss of Government

Property, that requires DoD contractors to report the loss, theft, damage, and destruction of Government property to the DCMA

eTools application. The rule also eliminated unnecessarily duplicative language in clause 252.245-7002, Reporting Loss of

Government Property, and made other editorial changes The rule is expected to have a positive or beneficial impact on small

entities by making available a Government-provided software application to use for reporting purposes. Any start-up costs are

expected to be minimal.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR 245; 48 CFR 252 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 603; 41 USC 421

Legal Deadline: None

61

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Timetable:

Action Date FR Cite

NPRM 04/30/2010 75 FR 22729 

NPRM Comment Period End 06/29/2010 

Final Action Effective 02/02/2011 

Final Action 02/02/2011 76 FR 6006 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: Business Federalism: No

Energy Affected: No

Related RINs: Duplicate of 0750-AG43

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 

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AG67

 View Related Documents

Title: Limitations on Procurements With Non-Defense Agencies (DFARS Case 2009-D027)

Abstract: This rule implemented section 806 of the National Defense Authorization Act for Fiscal Year 2010 (Pub. L. 111-84)

authorizing the placing of contracts for property and services in excess of the simplified acquisition threshold by certain nonDoD agencies for the performance of a joint program conducted to meet the needs of DoD and the non-DoD agency.

Treatment of Non-Defense Agency Procurements Under Joint Programs with Intelligence Community, authorizes procurements

that are entered into by a non-DoD agency that is an element of the intelligence community when the procurement is for the

performance of a joint program conducted to meet the needs of DoD and the non-DoD agency. The rule resulted in changes to

internal Government operating procedures. Therefore, any economic impact is expected to be minimal.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR ch 1 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 41 USC 421; PL 111-84

Legal Deadline: It is necessary for DoD to issue an interim rule without prior receipt of public comments because the statute

became effective upon enactment, and it is imperative that DoD contracting officers be aware of the limitations on interagency

procurements and the circumstances under which certain programs need not be delayed by such limitations.

Action Source Description Date

Other Statutory Statute became effective upon enactment 10/28/2009 

Timetable:

Action Date FR Cite

Interim Final Rule Effective 06/08/2010 

Interim Final Rule 06/08/2010 75 FR 32639 

Interim Final Rule Comment Period End 08/09/2010 

Final Action Effective 02/22/2011 

Final Action 02/22/2011 76 FR 9680 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Ynette Shelkin Department of Defense

Defense Acquisition Regulations Council

3060 Defense Pentagon

Washington , DC 20301 

Phone: 703 602-8384 

E-Mail: ynette.shelkin@osd.mil

62

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AG69

 View Related Documents

Title: Publication of Notification of Bundling of Contracts of the Department of Defense (DFARS Case 2009-D033)

Abstract: This rule implemented section 820 of the National Defense Authorization Act for Fiscal Year 2010 requiring DoD

contracting officers to publish a notification on FedBizOpps.gov, or any successor site, at least 30 days prior to the release of a

solicitation for a bundled acquisition. If the DoD agency has determined that "measurably substantial benefits are expected to

be derived as a result of bundling," the notification must include a brief description of those benefits. The rule added a

requirement at DFARS 205.205-70 to publish a notification of the intention to bundle a DoD procurement at least 30 days prior

to (1) the release of a solicitation or (2) placing an order without a solicitation. The objective of the rule is to enable small

businesses to compete for more work of which the firms might otherwise have been unaware. The notification requirement will

provide a much broader segment of the small-business community awareness of upcoming business opportunities. The

economic impact is expected to be positive.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR ch 1 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 111-84; 41 USC 421

Legal Deadline: Implementation of section 820 of the NDAA for FY10 is required without prior opportunity for public comment

because the Act became effective upon enactment and, absent this interim regulatory change, the law will not be implemented.

Action Source Description Date

Other Statutory 10/28/2009 

Timetable:

Action Date FR Cite

Interim Final Rule Effective 07/13/2010 

Interim Final Rule 07/13/2010 75 FR 40714 

Interim Final Rule Comment Period End 09/13/2010 

Final Action Effective 02/22/2011 

Final Action 02/22/2011 76 FR 9679 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

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 

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AG70

 View Related Documents

Title: Restrictions on the Use of Mandatory Arbitration Agreements (DFARS Case 2010-D004)

Abstract: The rule implemented section 8116 of the DoD Appropriations Act for Fiscal Year 2010 (Pub. L. 111-118) prohibiting

the use of Fiscal Year 2010 funds for any contract in excess of $1 million (including task or delivery orders and bilateral

modifications adding new work), if the contractor restricts its employees to arbitration for claims arising under title VII of the Civil

Rights Act of 1964, or arising out of sexual assault or harassment, including battery, intentional infliction of emotional distress, or

false imprisonment. After June 17, 2010, section 8116(b) required the contractor to certify compliance by subcontractors.

Further, it allowed the Secretary of Defense to waive applicability to a particular contractor or subcontractor, if determined

necessary to avoid harm to national security. This rule does not apply to the acquisition of commercial items, including

commercially available off-the-shelf items Most contractors should not be impacted unless they have a covered claim. A

significant number of small businesses provide only commercial items to the Government, and this rule does not apply to that

portion of the business community. DoD anticipates that there will be limited, if any, additional costs imposed on small

businesses unless there is a covered claim filed against a particular contractor.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

63

Regulations.gov Thursday, July 7, 2011 Unified Agenda
CFR Citation: 48 CFR 212; 48 CFR 222; 48 CFR 252 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 111-118

Legal Deadline: Urgent and compelling reasons exist to provide implementing language quickly to preclude a contracting

officer from inadvertently awarding a contract that is not in compliance with the DoD Appropriations Act for Fiscal Year 2010.

Section 8116 of said Act prohibits the use of FY 2010 funds for any contract (including task or delivery orders and bilateral

modifications in excess of $1M that is awarded after February 17, 2010.

Action Source Description Date

Other Statutory Absent this interim regulatory change , the law will not be implemented. 05/01/2010 

Timetable:

Action Date FR Cite

Interim Final Rule Effective 05/19/2010 

Interim Final Rule 05/19/2010 75 FR 27946 

Interim Final Rule Comment Period End 07/19/2010 

Final Action Effective 12/08/2010 

Final Action 12/08/2010 75 FR 76295 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

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 

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AG71

 View Related Documents

Title: Prohibition on Award of Prime Vendor Contracts for Depot-Level Maintenance and Repair Prior to Submission of Report

to Congress (DFARS Case 2010-D003)

Abstract: This rule proposed to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to implement section

346 of the National Defense Authorization Act for Fiscal Year 1999, as amended by section 336 of the National Defense

Authorization Act for Fiscal Year 2000. These provisions prohibit the award of prime vendor contracts for depot-level

maintenance and repair of a weapon system or other military equipment, described in 10 U.S.C. 2464(a)(3), prior to the

submission to Congress by the Secretary of Defense or a Military Department of a report, specific to the proposed contract, and

the conclusion of a 30-day period after that submission. This rule has been withdrawn without further action because section

322 of the FY 2011 National Defense Authorization Act (P.L. 111-383) repealed the underlying statutory requirement,

eliminating the need for the regulation.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR ch 1 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 10 USC 2464; PL 105-261; PL 106-65; PL 98-577

Legal Deadline: Urgent and compelling reasons exist to promulgate this interim rule without prior opportunity for public

comment. This action is necessary because the statutory provisions were not previously addressed in regulation and have

become the subject of DoD Inspector General reviews. Therefore, it is imperative that DoD contracting officers be aware of the

prohibition on awarding prime vendor contracts before the close of the 30-day period after submission of the report to

Congress.

Action Source Description Date

Other Statutory Absent this interim regulatory change, the law will not be implemented. 06/01/2010 

Timetable:

Action Date FR Cite

Withdrawn 01/29/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

64

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Energy Affected: No

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 

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AG73

 View Related Documents

Title: Safety of Facilities, Infrastructure, and Equipment for Military Operations (DFARS Case 2009-D029)

Abstract: This rule implemented section 807 of the National Defense Authorization Act of 2010 requires that facilities,

infrastructure, and equipment intended for use by DoD military or civilian personnel in current or future military operations should

be inspected for safety and habitability prior to use. It also required that such facilities should be brought into compliance with

generally accepted standards for the safety and health of personnel to the maximum extent practicable consistent with the

requirements of military operations and the best interests of DoD to minimize the safety and health risk posed to such

personnel. The rule encouraged contracting officers to include this rule in solicitations issued before the date of publication,

provided award occurs after the publication date. Contracting Officers are also encouraged to apply this rule to the maximum

extent practicable to existing contracts. The rule affected contractors with contracts, including task and delivery orders, in

support of current and future military operations for construction, installation, repair, maintenance, or operation of facilities. This

includes contracts for facilities, infrastructure, and equipment configured for occupancy, including but not limited to, existing host

nation facilities, new construction, and re-locatable buildings. There are high costs associated with a company being able to

perform in the geographic regions where most military operations are currently taking place. This makes it unlikely that a small

business could afford to sustain the infrastructure required to perform these types of services in locations such as Iraq and

Afghanistan. Based on the above factors, the number of small business firms to which the rule would apply is expected to be

minimal.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR 246; 48 CFR 252 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 111-84

Legal Deadline: This rule implemented section 807 of the National Defense Authorization Act (NDAA) of FY 2010 which was

signed on October 28, 2009. Section 807 became effective 60 days after enactment. Urgent and compelling circumstances exist

to promulgate this interim rule without prior opportunity for public comments. Implementing language was published as quickly

as possible to minimize the safety and health risk posed to DoD military or civilian personnel during military operations.

Action Source Description Date

NPRM Statutory section 807 of the National Defense Authorization Act for Fiscal Year

2010 became effective 60 days after enactment, October 28, 2009. 12/28/2010 

Timetable:

Action Date FR Cite

Interim Final Rule Effective 10/29/2010 

Interim Final Rule 10/29/2010 75 FR 66683 

Interim Final Rule Comment Period End 12/28/2010 

Final Action Effective 03/17/2011 

Final Action 03/17/2011 76 FR 14590 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Federalism: No

Energy Affected: No

International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of

international interest.

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 

E-Mail: ynette.shelkin@osd.mil

65

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AG76

 View Related Documents

Title: Contract Authority for Advanced Component Development or Prototype Units (DFARS Case 2009-D034)

Abstract: This rule amended the Defense Federal Acquisition Regulation Supplement to implement section 819 of the National

Defense Authorization Act for Fiscal Year 2010 and placed limitations on certain types of line items and contract options that

may be included in contracts initially awarded competitively. The intent was to prevent a contract for new technology that is

initially awarded as a result of competition, from becoming a noncompetitive effort for the development of advance components

or the procurement of prototype units. The DFARS implementation placed specific limits, in accordance with the statute, on the

dollar value, period of performance, and time for exercise of contract line items or contract options for such contracts. Because

the changes are to internal Government operating procedures, minimal, if any, economic impact is anticipated.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR 217; 48 CFR 234 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 111-84

Legal Deadline: 

Action Source Description Date

Other Statutory Enactment of 2010 NDAA 10/28/2009 

Timetable:

Action Date FR Cite

Interim Final Rule Effective 06/08/2010 

Interim Final Rule 06/08/2010 75 FR 32638 

Interim Final Rule Comment Period End 08/09/2010 

Final Action Effective 11/24/2010 

Final Action 11/24/2010 75 FR 71562 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

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 

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AG77

 View Related Documents

Title: Contractor Insurance/Pension Review (DFARS Case 2009-D025)

Abstract: This rule relocated in the Defense Federal Acquisition Regulation Supplement (DFARS) the requirements for

conducting a Contractor Insurance/Pension Review (CIPR). The rule was consistent with existing policy that a CIPR is only

required for those contractors that have $50 million in qualifying sales to the Government. The rule merely relocated the

requirements in DFARS. For this reason, little if any economic impact is anticipated.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR 242 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 41 USC 421; 48 CFR ch 1

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/11/2010 75 FR 33237 

66

Regulations.gov Thursday, July 7, 2011 Unified Agenda
NPRM Comment Period End 08/10/2010 

Final Action Effective 11/24/2010 

Final Action 11/24/2010 75 FR 71564 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

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 

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AG80

 View Related Documents

Title: Foreign Participation in Acquisitions in Support of Operations in Afghanistan (DFARS Case 2009-D012)

Abstract: This rule amended the Defense Federal Acquisition Regulation Supplement (DFARS) to implement DoD waivers of

the Trade Agreements Act and the Balance of Payments Program to allow acquisition of products or services from the South

Caucasus and Central and South Asian States in support of operations in Afghanistan. The final rule also included a technical

amendment to the DFARS provision and clause at 252.225-7035 and 252.225-7036, in order to conform to the trade threshold

for the Peruvian Free Trade Agreement that is at FAR 25.402(b) and to be consistent with the corresponding FAR provision and

clause at 52.225-3 and 52.225-4. Minimal economic impact is anticipated because the rule only impacts acquisitions that are in

support of operations in Afghanistan.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR 252 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 41 USC 421

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 01/06/2010 75 FR 832 

NPRM Comment Period End 03/09/2010 

Final Action Effective 12/29/2010 

Final Action 12/29/2010 75 FR 81915 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Related RINs: Duplicate of 0750-AG51

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 

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AG84

 View Related Documents

Title: Continuation of Current Contracts--Deletion of Redundant Text (DFARS Case 2010-D016)

Abstract: This rule amended the Defense Federal Acquisition Regulation Supplement (DFARS) to delete redundant text

67

Regulations.gov Thursday, July 7, 2011 Unified Agenda
relating to the continuation of current contracts with a contractor that has been suspended, debarred, or proposed for

debarment. DFARS 209.405-1 limits placement of orders against contracts with contractors that have been debarred,

suspended, or proposed for debarment. On December 11, 2003, the final rule published under FAR Case 2002-010 (68 FR

69250) incorporated these restrictions into the FAR. The DFARS text, therefore, became redundant and was deleted by this

final rule. This final rule did not constitute a significant DFARS revision and publication for public comment was not required,

pursuant to FAR 1.501 and 41 U.S.C. 1707.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR 209 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 41 USC 421; 48 CFR ch 1

Legal Deadline: None

Timetable:

Action Date FR Cite

Direct Final Rule Effective 10/29/2010 

Direct Final Rule 10/29/2010 75 FR 66679 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

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 

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AG85

 View Related Documents

Title: DoD Office of the Inspector General Address (DFARS Case 2010-D015)

Abstract: This rule amended the Defense Federal Acquisition Regulation Supplement (DFARS) to provide the address for the

agency Office of the Inspector General as referenced in FAR clause 52.203-13, Contractor Code of Business Ethics and

Conduct. The Federal Acquisition Regulation (FAR) Case 2007-006, "Contractor Business Ethics Compliance Program and

Disclosure Requirements," was published as a final rule in the Federal Register on November 12, 2008, with an effective date of

December 12, 2008. The contract clause entitled "Contractor Code of Business Ethics and Conduct" requires the contractor to

disclose to the agency office of the Inspector General (with a copy to the contracting officer), when the contractor has credible

evidence that a principal, employee, agent, or subcontractor of the contractor has committed a violation of criminal law involving

fraud, conflict of interest, bribery, or gratuity violations found in title 18 U.S.C. or a violation of the civil False Claims Act. This

final rule provided the address for the DoD Office of the Inspector General. This final rule did not constitute a significant DFARS

revision within the meaning of 41 U.S.C. 1701 and FAR 1.501, and publication for public comment was not required. No

economic impact is expected.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR 203; 48 CFR 252 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 41 USC 421; 48 CFR ch 1

Legal Deadline: None

Timetable:

Action Date FR Cite

Direct Final Rule Effective 09/27/2010 

Direct Final Rule 09/27/2010 75 FR 59101 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Ynette R. Shelkin 

Editor, Defense Acquisition Regulations System

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Department of Defense

Defense Acquisition Regulations Council

3060 Defense Pentagon Room 3B855

Washington , DC 20301-3060 

Phone: 703 602-8384 

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AG87

 View Related Documents

Title: Services of Senior Mentors (DFARS Case 2010-D025)

Abstract: This rule amended the Defense Federal Acquisition Regulation Supplement (DFARS) to implement DoD policy on

the services of senior mentors. These policies are set forth in two memoranda: Secretary of Defense Memorandum entitled

"Policy on Senior Mentors," dated April 1, 2010; and Deputy Secretary of Defense Memorandum entitled "Implementation

Guidance on Senior Mentor Policy," dated July 8, 2010. The policy changes have already been established by the Secretary of

Defense and the Deputy Secretary of Defense in their policy memoranda. The DFARS language incorporated by this rule

implemented in DFARS the policy established in the memoranda, Because the rule impacted internal DoD operations with no

impact on the public, publication for public comment was not necessary.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR 237 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 41 USC 421

Legal Deadline: None

Timetable:

Action Date FR Cite

Direct Final Rule Effective 11/24/2010 

Direct Final Rule 11/24/2010 75 FR 71563 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

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 

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH06

 View Related Documents

Title: Repeal of the Small Business Competitiveness Demonstration (DFARS Case 2011-D001)

Abstract: This rule amended the Defense Acquisition Regulation Supplement (DFARS) to implement section 1335 of the Small

Business Jobs Act of 2010. This final rule deleted subpart DFARS 219.10 to meet the requirements of section 1335 of the Small

Business Jobs Act of 2010 (Pub. L. 111-240). Section 1335 amended the Business Opportunity Development Reform Act of

1988 (Pub. L. 100-656) by striking title VII (15 U.S.C. 644 note), making the DFARS text obsolete. The repeal of the Small

Business Competitiveness Demonstration Program became effective immediately upon enactment. It applies to the first full

fiscal year after the September 27, 2010 date of enactment (Fiscal Year 2011). This rule did not constitute a significant DFARS

revision as defined at FAR 1.501 because it will not have a significant cost or administrative burden on contractors, or a

significant effect outside of DoD. Therefore, publication for public comment under 41 U.S.C. 1701 was not required.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR 219 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 41 USC 421; PL 111-240

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Legal Deadline: None

Timetable:

Action Date FR Cite

Direct Final Rule Effective 02/22/2011 

Direct Final Rule 02/22/2011 76 FR 9680 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Federalism: No

Energy Affected: No

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 

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) 

Defense Acquisition Regulations Council ( DARC ) RIN: 0750-AH18

 View Related Documents

Title: Repeal of Restriction on Ballistic Missile Defense Research, Development, Test, and Evaluation (DFARS Case 2011-

D026)

Abstract: This rule implements section 847 of the National Defense Authorization Act for Fiscal Year 2011 (Pub. L. 111-383).

Section 847 provides a nonavailability exception to the requirement at 10 U.S.C. 2533a (Berry Amendment) to acquire only

domestic hand or measuring tools. This rule amends Defense Federal Acquisition Regulation Supplement (DFARS) 225.7002-2

to implement section 847. The nonavailability exception was previously limited to the items covered in 10 U.S.C. 2533(b)(1). The

rule allows purchase of hand or measuring tools from foreign sources only when such tools are not available from domestic

sources. If no domestic sources produce the tools, then allowing purchase from a foreign source will not impact any U.S. small

business.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR 225; 48 CFR 252 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 111-383

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Action Effective 03/17/2011 

Direct Final Rule 03/17/2011 76 FR 14589 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

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 

E-Mail: ynette.shelkin@osd.mil

Department of Defense (DOD) 

Office of the Secretary ( OS ) RIN: 0790-AI22

 View Related Documents

Title: DoD Directives, Instructions, Publications, Office of the Secretary of Defense Administrative Instructions, and DoD Forms

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Abstract: The Department of Defense proposes to revise and update information concerning the availability of Unclassified

DoD Directives, Instructions, Publications, Office of the Secretary of Defense Administrative Instructions, and DoD forms. These

DoD issuances contain DoD policy and procedures that direct and limit DoD actions in pursuit of objectives, operations, and

plans. DoD forms are a fixed arrangement of captioned spaces designed for entering and extracting prescribed information.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 337 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 10 USC 133

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Patricia Lynn Toppings Department of Defense

Office of the Secretary

Washington Headquarters Service Suite 11000 1777 North Kent Street

Rosslyn , VA 22209 

Phone: 703 696-5284 

FAX: 703 696-1498

E-Mail: patricia.toppings@whs.mil

Department of Defense (DOD) 

Office of the Secretary ( OS ) RIN: 0790-AI25

 View Related Documents

Title: Mass Transportation Benefit Program (MTBP)

Abstract: This rule establishes policy, assigns responsibilities, and sets procedural guidance consistent with the authority

provided in DoD Directive 5124.02 for the administration and management of the MTBP as directed by 5 U.S.C. 7905 and

Executive Order 13150. Non-appropriated Fund employees, interns, and summer hires are eligible to apply for this benefit.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 55 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 10 USC 301

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Sherri Smith Department of Defense

Office of the Secretary

1155 Defense Pentagon

Washington , DC 20301 

Phone: 703 696-8903 

Department of Defense (DOD) 

Office of the Secretary ( OS ) RIN: 0790-AI27

 View Related Documents

Title: Implementation of the National Voter Registration Act (NVRA) (DoD Instruction 1344.13)

Abstract: This part establishes policy for the development and implementation, jointly with each State, of procedures for

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Regulations.gov Thursday, July 7, 2011 Unified Agenda
persons to apply to register to vote at recruitment offices of the Armed Forces, pursuant to section 1973gg of title 42, United

States Code. This rule dictates that Military Recruitment offices shall distribute the "National Voter Registration Form" to each

eligible citizen and provide assistance in completing the form unless the applicant refuses such assistance.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 233 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 42 USC 1973gg

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 07/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Undetermined

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: John Godley Department of Defense

Office of the Secretary

4000 Defense Pentagon

Washington , DC 20301 

Phone: 703 588-8108 

FAX: 703 696-1352

E-Mail: john.godley@fuap.ncr.gov

Department of Defense (DOD) 

Office of the Secretary ( OS ) RIN: 0790-AI31

 View Related Documents

Title: Defense Contract Audit Agency (DCAA) Privacy Program

Abstract: This part provides policies and procedures for the Defense Contract Audit Agency's (DCAA) implementation of the

Privacy Act of 1974, as amended and is intended to promote uniformity within DCAA. Strict adherence is necessary to ensure

uniformity in the implementation of the DCAA Privacy Program and create conditions that will foster public trust. It is also

Agency policy to safeguard personal information contained in any system of records maintained by DCAA organizational

elements and to make that information available to the individual to whom it pertains to the maximum extent practicable.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 317 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 552a

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 07/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Susan Aldorfer Department of Defense

Office of the Secretary

1100 Defense Pentagon

Washington , DC 20301 

Phone: 703 767-1002 

FAX: 703 767-1011

E-Mail: susan.aldorfer@dcaa.mil

Department of Defense (DOD) 

Office of the Secretary ( OS ) RIN: 0790-AI32

 View Related Documents

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Regulations.gov Thursday, July 7, 2011 Unified Agenda
Title: Defense Contract Audit Agency (DCAA) Freedom of Information Act Program

Abstract: This part assigns responsibilities and establishes policies and procedures for a uniform Defense Contract Audit

Agency (DCAA) Freedom of Information Act (FOIA) program pursuant to the provisions of the Freedom of Information Act. This

rule applies to all DCAA organizational elements, and is to govern written responses by DCAA officials for requests from

members of the public for permission to examine, or to be provided with copies of DCAA records. This rule also addresses

Agency policies and procedures for handling "For Official Use Only" information, including Field Detachment sensitive

information.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 290 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 552

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 07/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Susan Aldorfer Department of Defense

Office of the Secretary

1100 Defense Pentagon

Washington , DC 20301 

Phone: 703 767-1002 

FAX: 703 767-1011

E-Mail: susan.aldorfer@dcaa.mil

Department of Defense (DOD) 

Office of the Secretary ( OS ) RIN: 0790-AI36

 View Related Documents

Title: Sexual Assault Prevention and Response Program Procedures (DoDI 6495.02)

Abstract: This rule implements policy, assigns responsibilities, provides guidance and procedures, and establishes the Sexual

Assault Advisory Council for the DoD Sexual Assault Prevention and Response program consistent with the Task Force Report

on Care for Victims of Sexual Assault, and pursuant to 10 U.S.C. 113 and 32 CFR part 103. The intent of the program is to

prevent and eliminate sexual assault within the Department by providing comprehensive procedures to better establish a culture

of prevention, response, and accountability that enhances the safety and well-being of all DoD members.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 105 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 10 USC ch 47 sec 113

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Teresa Scalzo Department of Defense

Office of the Secretary

4000 Defense Pentagon

Washington , DC 20301-1155 

Phone: 703 696-8977 

Department of Defense (DOD) 

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Regulations.gov Thursday, July 7, 2011 Unified Agenda
Office of the Secretary ( OS ) RIN: 0790-AI37

 View Related Documents

Title: Sexual Assault Prevention and Response (SAPR) Program (DoDD 6495.01)

Abstract: This part to establishes comprehensive DoD policy and assigns responsibilities for the SAPR Program on prevention,

response, and oversight to sexual assault. It is DoD policy to establish a culture free of sexual assault by providing an

environment of prevention, education and training, response capability, victim support, reporting procedures, and accountability

that enhances the safety and well being of all persons covered by this part.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 103 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 10 USC 113

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Teresa Scalzo Department of Defense

Office of the Secretary

4000 Defense Pentagon

Washington , DC 20301-1155 

Phone: 703 696-8977 

Department of Defense (DOD) 

Office of the Secretary ( OS ) RIN: 0790-AI39

 View Related Documents

Title: Family Advocacy Program (FAP) (DoDI 6400.01)

Abstract: This part establishes policy and responsibilities for addressing child abuse and domestic abuse through the Family

Advocacy Program. It is DoD policy to promote public awareness about abuse, ensure restricted reporting of victims of abuse to

advocates, and provide assessment, rehabilitation and treatment, including comprehensive abuser intervention, to persons

alleged to have committed child abuse or domestic abuse consistent with published supporting FAP guidance.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 59 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 10 USC 1787; 10 USC 1794; 10 USC 1058(b); 42 USC 13031; PL 103-337; ...

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 07/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: David W. Lloyd Department of Defense

Office of the Secretary

Room 5A726 4000 Defense Pentagon

Washington , DC 20301 

Phone: 703 602-4991 

FAX: 703 602-4977

E-Mail: david.lloyd@osd.mil

Department of Defense (DOD) 

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Regulations.gov Thursday, July 7, 2011 Unified Agenda
Office of the Secretary ( OS ) RIN: 0790-AI40

 View Related Documents

Title: Family Advocacy Command Assistance Team (FACAT) (DoDI 6400.03)

Abstract: This part updates DoD policy and responsibilities and prescribes procedures for the implementation and use of the

Family Advocacy Command Assistance Team (FACAT) in accordance with 10 U.S.C. 1794. A FACAT is a multidisciplinary team

composed of specially trained and experienced individuals who are on-call to provide advice and assistance on cases of child

sexual abuse that involve DoD-sanctioned activities.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 60 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 10 USC 1794; 42 USC 13031

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 07/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: David W. Lloyd Department of Defense

Office of the Secretary

Room 5A726 4000 Defense Pentagon

Washington , DC 20301 

Phone: 703 602-4991 

FAX: 703 602-4977

E-Mail: david.lloyd@osd.mil

Department of Defense (DOD) 

Office of the Secretary ( OS ) RIN: 0790-AI41

 View Related Documents

Title: Defense Industrial Personnel Security Clearance Review Program (DoDI 5220.06)

Abstract: This part updates policies and responsibilities of the Defense Industrial Personnel Security Clearance Review

Program and implements Executive Order 10865, as amended. It also designates the General Counsel of the Department of

Defense as the representative of the Secretary of Defense for oversight of the personnel security programs of the Department of

Defense.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 155 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: Not Yet Determined

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Peregrine Russell-Hunter Department of Defense

Office of the Secretary

5000 Defense Pentagon

Washington , DC 20301 

Phone: 703 696-4751 

Department of Defense (DOD) 

75

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Office of the Secretary ( OS ) RIN: 0790-AI45

 View Related Documents

Title: Recoupment of Nonrecurring Costs (NCs) on Sales of U.S. Items (DoDI 2140.02)

Abstract: This rule updates policy, responsibilities, and procedures to conform with section 21(e)(1)(B) of Public Law 90-629

and section 9701 of title 31, United States Code for calculating and assessing NCs recoupment charges on sales of items

developed for or by the Department of Defense to non-U.S. Government customers.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 165 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 90-629; 31 USC 9701

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/00/2011 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: No

Energy Affected: No

Agency Contact: Kathryn Gillis Department of Defense

Office of the Secretary

1155 Defense Pentagon

Washington , DC 20301 

Phone: 703 697-6875 

Department of Defense (DOD) 

Office of the Secretary ( OS ) RIN: 0790-AI46

 View Related Documents

Title: Financial Institutions on DoD Installations (DoDI 1000.11)

Abstract: This rule updates policies and responsibilities for financial institutions that serve DoD personnel on DoD installations

worldwide. It prescribes consistent arrangements for the provision of services by financial institutions among the DoD

Components and requires that financial institutions operating on DoD installations provide, and are provided, support consistent

with the policies stated herein.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 230 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 12 USC ch 14

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 07/00/2011 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Michael Weber Department of Defense

Office of the Secretary

1155 Defense Pentagon

Washington , DC 20301 

Phone: 703 602-0391 

Department of Defense (DOD) 

Office of the Secretary ( OS ) RIN: 0790-AI47

 View Related Documents

76

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Title: Financial Institutions on DoD Installations (DoD 7000.14-R, VOL 5, Chapter 34)

Abstract: This rule prescribes guidance governing the establishment, support, operation and termination of banks and credit

unions operating on DoD installations worldwide, to include Military Banking Facilities (MBFs). In addition, this rule provides

guidance intended to ensure that arrangements for the provision of services by financial institutions are consistent among DoD

Components, and that financial institutions operating on DoD installations provide, and are provided, consistent support.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 231 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: Not Yet Determined

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 07/00/2011 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Michael Weber Department of Defense

Office of the Secretary

1155 Defense Pentagon

Washington , DC 20301 

Phone: 703 602-0391 

Department of Defense (DOD) 

Office of the Secretary ( OS ) RIN: 0790-AI49

 View Related Documents

Title: Child Abuse and Domestic Abuse Incident Reporting System (DoD 6400.01-M-V2, -V3, & -V4)

Abstract: This rule implements policy, assigns responsibilities, and provides procedures for addressing child abuse and

domestic abuse in military communities. It prescribes procedures for completion and submission of information about reports of

child abuse and domestic abuse incidents.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 61 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: Not Yet Determined

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 08/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Related RINs: Previously Reported as 0790-AI50; Previously

Reported as 0790-AI51

Agency Contact: David W. Lloyd Department of Defense

Office of the Secretary

Room 5A726 4000 Defense Pentagon

Washington , DC 20301 

Phone: 703 602-4991 

FAX: 703 602-4977

E-Mail: david.lloyd@osd.mil

Department of Defense (DOD) 

Office of the Secretary ( OS ) RIN: 0790-AI53

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Regulations.gov Thursday, July 7, 2011 Unified Agenda
 View Related Documents

Title: Procedural Guidance for Industrial Personnel Security Clearance Review Program (DoDI 5220.aa)

Abstract: This rule establishes detailed procedural guidance for evaluating whether to grant access to classified information. It

is DoD policy that all proceedings provided for by this part shall be conducted in a fair and impartial manner, in compliance with

Executive Order 10865 and 32 CFR part 155, and in a manner that gives all applicants for a security clearance notice and an

opportunity to be heard, consistent with the need to preserve the integrity of classified information and to protect the national

interest.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 160 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 18 USC 1001; EO 10865

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/00/2011 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Peregrine Russell-Hunter Department of Defense

Office of the Secretary

5000 Defense Pentagon

Washington , DC 20301 

Phone: 703 696-4751 

Department of Defense (DOD) 

Office of the Secretary ( OS ) RIN: 0790-AI57

 View Related Documents

Title: Junior Reserve Officers' Training Corps (JROTC) Program (DoDI 1205.13)

Abstract: This rule updates the policy, responsibilities, and procedures for the organization and administration of the Junior

Reserve Officers'Training Corps (JROTC) program under 10 U.S.C. chapter 102. It is DoD policy to fund the JROTC program,

which is intended to instill in students of American secondary educational institutions the following: (a) the value of citizenship,

(b) service to the United States, (c) personal responsibility, and (d) a sense of accomplishment.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 102 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 10 USC ch 102

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 08/00/2011 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: No

Energy Affected: No

Agency Contact: Lt. Col. Rose Jourdan Department of Defense

Office of the Secretary

4000 Defense Pentagon

Washington , DC 20301 

Phone: 703 697-5529 

Department of Defense (DOD) 

Office of the Secretary ( OS ) RIN: 0790-AI63

 View Related Documents

78

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Title: Alternative Dispute Resolution

Abstract: This rule 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.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 83 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 571 to 584; EO 12988

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Christine Kopocis Department of Defense

Office of the Secretary

1160 Defense Pentagon

Washington , DC 20301 

Phone: 703 696-1809 

Department of Defense (DOD) 

Office of the Secretary ( OS ) RIN: 0790-AI64

 View Related Documents

Title: DoD Unclassified Controlled Nuclear Information (UCNI)

Abstract: This rule updates policies and responsibilities for controlling Department of Defense Unclassified Controlled Nuclear

Information (UCNI) in accordance with the provisions of title 10, United States Code (U.S.C.) 128, which is the statutory basis

for controlling unclassified information on the physical protection of DoD special nuclear material (SNM), SNM equipment, and

SNM facilities. Such information is referred to as DoD UCNI to distinguish it from a similar Department of Energy (DoE)

program. This revision streamlines and reflects current practices within the Department of Defense.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 223 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 10 USC 128; 5 USC 552(b)(3)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Linda B. Jones Department of Defense

Office of the Secretary

5000 Defense Pentagon

Washington , DC 20301-5000 

Phone: 757 229-3866 

E-Mail: linda.jones.ctr@osd.mil

Department of Defense (DOD) 

Office of the Secretary ( OS ) RIN: 0790-AI65

 View Related Documents

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Title: DoD Commercial Air Transportation Quality and Safety Review Program (4500.53)

Abstract: This rule updates policies and responsibilities for the DoD Commercial Air Transportation Quality and Safety Review

Program under 10, United States Code (U.S.C.) 2640. It updates the system of management, analysis, inspection, review, and

evaluation of the safety and quality practices of commercial air carriers that provide air transportation services to the

Department of Defense.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 72 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 10 USC 2640

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Frank Galluzzo Department of Defense

Office of the Secretary

Defense Pentagon

Washington , DC 20301 

Phone: 704 601-4461 

Department of Defense (DOD) 

Office of the Secretary ( OS ) RIN: 0790-AI68

 View Related Documents

Title: Deoxyribonucleic Acid (DNA) Family Reference Sample (FRS) Collection (2310.ll)

Abstract: This rule establishes policy, assigns responsibilities, and prescribes procedures for Deoxyribonucleic Acid Family

Reference Sample collection activities related to the Department's efforts to account for persons unaccounted for from United

States' past conflicts.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 52 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 10 USC 1501 to 1513

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Vince Baker Department of Defense

Office of the Secretary

2600 Defense Pentagon

Washington , DC 20301 

Phone: 703 699-1221 

Department of Defense (DOD) 

Office of the Secretary ( OS ) RIN: 0790-AI05

 View Related Documents

Title: Transporter Proof of Delivery

Abstract: This rule will augment the receipt and acceptance process and facilitate Defense Logistics Agency (DLA) maintaining

accountability of all DLA order fulfillments. Transporter Proof of Delivery Documents are delivery tickets or receipts provided by

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Regulations.gov Thursday, July 7, 2011 Unified Agenda
the deliverer of DLA provided supplies. These commercial tickets, e.g., FEDEX or UPS delivery receipts, are presented to the

customer for receipt signature upon receipt of the delivered goods. These delivery tickets are then forwarded to the vendor of

the delivered goods. The vendor then forwards these signed delivery tickets via the wide-area-workflow (WAWF) system, to

DLA Financial Liaison Officers (FLO), where the material acceptance is made.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR 5432 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 CFR 1315

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 05/19/2008 73 FR 28788 

NPRM Comment Period End 07/18/2008 

Final Action 06/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Charlene Baez Department of Defense

Office of the Secretary

1155 Defense Pentagon

Washington , DC 20301 

Phone: 703 767-1315 

E-Mail: charlene.baez@dla.mil

Department of Defense (DOD) 

Office of the Secretary ( OS ) RIN: 0790-AI19

 View Related Documents

Title: Service Academies (DoD Instruction 1322)

Abstract: The Department is revising and updating policy guidance and oversight of the Military Service Academies. This rule

implements 10 U.S.C. 403, 603, and 903 for the establishment and operation of the United States Military Academy, the United

States Naval Academy, and the United States Air Force Academy.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 217 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 10 USC 301

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 10/18/2007 72 FR 59053 

NPRM Comment Period End 12/17/2007 

Final Action 08/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Lt. Col. Rose Jourdan Department of Defense

Office of the Secretary

4000 Defense Pentagon

Washington , DC 20301 

Phone: 703 697-5529 

Department of Defense (DOD) 

Office of the Secretary ( OS ) RIN: 0790-AI24

 View Related Documents

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Title: DoD Freedom of Information Act (FOIA) Program Regulation (DoD 5400.07-R)

Abstract: This rule provides guidance on the implementation of the Freedom of Information Act, as amended by the Electronic

Freedom of Information Act Amendments of 1996. The amendments will ensure appropriate agency disclosure of information

and offer consistency with the goals of section 552 of title 5, United States Code.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 286 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 552

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/19/2007 72 FR 71847 

NPRM Comment Period End 02/19/2008 

Final Action 06/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: James Hogan Department of Defense

Office of the Secretary

1155 Defense Pentagon

Washington , DC 20301-1115 

Phone: 703 696-4995 

FAX: 703 696-4506

E-Mail: james.hogan@whs.mil

Department of Defense (DOD) 

Office of the Secretary ( OS ) RIN: 0790-AI28

 View Related Documents

Title: Information Assurance Scholarship Program (IASP) (DoD Instruction 8145.aa)

Abstract: This part implements policy, responsibilities, and procedures for executing an information assurance scholarship and

grant program, known as the DoD Information Assurance Scholarship Program (IASP). The IASP shall be used to attract new

entrants to the DoD Information Assurance workforce and to retain current IA/IT personnel necessary to support the DoD's

diverse warfighting, business, intelligence, and enterprise information infrastructure requirements.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 240 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 10 USC 2200; 10 USC 7045

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 03/01/2010 75 FR 9142 

NPRM Comment Period End 04/30/2010 

Final Action 06/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Lois Gruendl Department of Defense

Office of the Secretary

6000 Defense Pentagon

Washington , DC 20301-6000 

Phone: 703 604-1489 Extension: 145 

Agency Contact: Ned Kieloch Department of Defense

Office of the Secretary

6000 Defense Pentagon

Washington , DC 20301 

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Phone: 703 604-1489 

Department of Defense (DOD) 

Office of the Secretary ( OS ) RIN: 0790-AI29

 View Related Documents

Title: Office of the Secretary of Defense and Joint Staff Freedom of Information Act Program

Abstract: Establishes Office of the Secretary of Defense (OSD) policy, assigns responsibilities, and prescribes procedures for

the effective administration of the FOIA Program in OSD and the Joint Staff.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 288 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 552

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 10/09/2008 73 FR 59579 

NPRM Comment Period End 12/08/2008 

Final Action 06/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: James Hogan Department of Defense

Office of the Secretary

1155 Defense Pentagon

Washington , DC 20301-1115 

Phone: 703 696-4995 

FAX: 703 696-4506

E-Mail: james.hogan@whs.mil

Department of Defense (DOD) 

Office of the Secretary ( OS ) RIN: 0790-AI30

 View Related Documents

Title: Defense Contract Management Agency (DCMA) Privacy Program

Abstract: This part provides policies and procedures for the Defense Contract Management Agency's (DCMA) implementation

of a Privacy Program under the Privacy Act of 1974, as amended. It is DCMA policy that Individuals have a fundamental right to

privacy and the expectation that this Agency, including contractors, will safeguard Personally Identifiable Information (PII) it

maintains to the maximum extent practicable. This part reinforces that policy and ensures that DCMA shall balance the right of

the individual to be protected against unwarranted invasions of personal privacy against agency need when setting any

requirement to collect, maintain, use, and disseminate PII, ensuring that such activities are relevant and necessary to achieve a

purpose required by statute, Executive Order or regulation.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 325 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 552a

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 10/09/2008 73 FR 59582 

NPRM Comment Period End 12/08/2008 

Final Action 06/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

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Regulations.gov Thursday, July 7, 2011 Unified Agenda
Energy Affected: No

Agency Contact: Debbie Gendreau Department of Defense

Office of the Secretary

Suite 300 6350 Walker Lane

Alexandria , VA 22310 

Phone: 703 428-1487 

FAX: 703 428-3579

E-Mail: debbie.gendreau@dcma.mil

Department of Defense (DOD) 

Office of the Secretary ( OS ) RIN: 0790-AI33

 View Related Documents

Title: Reduction of Use of Social Security Numbers (SSN) in the Department of Defense (DoD)

Abstract: The Social Security Number (SSN) has been used as a means to efficiently identify and authenticate individuals.

Expanded use of the SSN has increased efficiency, enabling DoD information systems and processes to interoperate and

transfer information with a greatly reduced chance of errors. However, the threat of identity theft has rendered this wide-spread

use unacceptable, resulting in the requirement that all Federal agencies evaluate how the SSN is used and eliminate its

unnecessary use. This part identifies the acceptable uses of the SSN, describes how authorized uses shall be documented,

presents alternatives to using the SSN, and explains the role Privacy Act training plays in protecting privacy information within

DoD. Any uses of the SSN not provided for in this guidance are considered to be unnecessary and shall be eliminated. Use of

the SSN includes the SSN in any form, including, but not limited to, truncated (last four digits), masked, partially masked,

encrypted, or disguised SSNs.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 157 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 301

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 03/03/2010 75 FR 9548 

NPRM Comment Period End 05/03/2010 

Final Action 06/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Undetermined

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Patricia Lynn Toppings Department of Defense

Office of the Secretary

Washington Headquarters Service Suite 11000 1777 North Kent Street

Rosslyn , VA 22209 

Phone: 703 696-5284 

FAX: 703 696-1498

E-Mail: patricia.toppings@whs.mil

Department of Defense (DOD) 

Office of the Secretary ( OS ) RIN: 0790-AI38

 View Related Documents

Title: Private Security Contractors Operating in Contingency Operations (DoDI 3020.pp)

Abstract: Section 862 of the 2008 National Defense Authorization Act, Public Law 110-181 and Public Law 110-417 require

the Secretary of Defense, in coordination with the Secretary of State, to establish regulations with respect to private security

contractors operating in a designated area of combat operations. This part prescribes the selection, accountability, training,

equipping, and conduct of personnel performing private security functions under a covered contract during contingency

operations. It also prescribes incident reporting, use of and accountability for equipment, rules for the use of force, and a

process for the discipline or removal, as appropriate, of private security contractors.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

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Regulations.gov Thursday, July 7, 2011 Unified Agenda
CFR Citation: 32 CFR 159 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 110-181; PL 110-417

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule Effective 07/17/2009 

Interim Final Rule 07/17/2009 74 FR 34690 

Interim Final Rule Comment Period End 08/31/2009 

Final Action 06/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Kerry Powell Department of Defense

Office of the Secretary

3500 Defense Pentagon

Washington , DC 20201-3500 

Phone: 703 614-1944 

FAX: 703 697-4942

E-Mail: kerry.powell@osd.mil

Department of Defense (DOD) 

Office of the Secretary ( OS ) RIN: 0790-AI42

 View Related Documents

Title: Department of Defense Personnel Security Program (DoDI 5200.02)

Abstract: This part updates policies and responsibilities for the Department of Defense (DoD) Personnel Security Program in

accordance with the provisions of current U.S. Code, Public Laws, and Executive orders.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 156 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: Not Yet Determined

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 02/02/2011 76 FR 5729 

NPRM Comment Period End 04/04/2011 

Final Action 08/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Stacey Jefferson Department of Defense

Office of the Secretary

5000 Defense Pentagon

Washington , DC 20301 

Phone: 703 604-1236 

FAX: 703 604-1230

E-Mail: stacey.jefferson.ctr@osd.mil

Department of Defense (DOD) 

Office of the Secretary ( OS ) RIN: 0790-AI43

 View Related Documents

Title: Post 9-11 GI Bill

Abstract: This rule establishes policy, assigns responsibilities, and prescribes procedures for carrying out the Post 9/11 GI Bill.

It establishes policy for the use of supplemental educational assistance "kickers" for members with critical skills or specialties, or

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Regulations.gov Thursday, July 7, 2011 Unified Agenda
for members serving additional service; for authorizing the transferability of education benefits; and for the DoD Education

Benefits Fund Board of Actuaries.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 65 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 38 USC ch 333

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule Effective 06/25/2009 

Interim Final Rule 06/25/2009 74 FR 30212 

Interim Final Rule Comment Period End 07/27/2009 

Final Action 08/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Robert E. Clark Department of Defense

Office of the Secretary

4000 Defense Pentagon

Washington , DC 20301 

Phone: 703 697-9267 

FAX: 703 614-9272

E-Mail: bob.clark@osd.mil

Department of Defense (DOD) 

Office of the Secretary ( OS ) RIN: 0790-AI48

 View Related Documents

Title: Program Management for the Preparation and Execution of Acquisitions for Contingency Operations (DoDI 3020.41)

Abstract: In accordance with Public Law 110-181 and Public Law 110-417, DoD is revising policy and assigning

responsibilities for program management of operational contract support (OCS) in contingency operations and integration of

DoD contractor personnel into military contingency operations outside the United States. An interim final rule is required to

procedurally close gaps and ensure the correct planning, oversight and management of DoD contractors supporting contingency

operations, by updating the existing outdated policy. The existing policies are causing significant confusion, as they do not reflect

current practices and legislative mandates. The apparent mismatch between local Geographic Command guidance and the

DoD-wide policies and the Defense Federal Acquisition Regulations Supplement is confusing for those in the field--in particular

policy with regard to accountability and visibility requirements. Since the Presidential decision to expand the number of troops in

Afghanistan and the subsequent increase of troops and contractors in theater, this issue has become so significant that DoD

needs to revise the DoD-wide policies as a matter to urgency.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 158 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 110-181

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 06/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Kerry Powell Department of Defense

Office of the Secretary

3500 Defense Pentagon

Washington , DC 20201-3500 

Phone: 703 614-1944 

FAX: 703 697-4942

E-Mail: kerry.powell@osd.mil

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Regulations.gov Thursday, July 7, 2011 Unified Agenda
Department of Defense (DOD) 

Office of the Secretary ( OS ) RIN: 0790-AI50

 View Related Documents

Title: Voluntary Education Programs

Abstract: This rule implements policy, assigns responsibilities, and prescribes procedures for the operation of voluntary

education programs within DoD. Included are: Procedures for Service members participating in education programs; guidelines

for establishing, maintaining, and operating voluntary education programs, including but not limited to, instructor-led courses

offered on-installation and off-installation, as well as via distance learning; procedures for obtaining on-base voluntary education

programs and services; minimum criteria for selecting institutions to deliver higher education programs and services on military

installations; the establishment of a DoD Voluntary Education Partnership Memorandum of Understanding between DoD and

educational institutions receiving tuition assistance payments; and procedures for other education programs for Service

members and their adult family members.

Priority: Economically Significant Agenda Stage of Rulemaking: Final Rule

Major: Yes Unfunded Mandates: No

CFR Citation: 32 CFR 68 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 10 USC 2005; 10 USC 2007

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 08/06/2010 75 FR 47504 

NPRM Comment Period End 10/05/2010 

Final Action 06/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Kerrie Tucker Department of Defense

Office of the Secretary

Defense Pentagon

Washington , DC 20301 

Phone: 703 602-4949 Extension: 117 

Department of Defense (DOD) 

Office of the Secretary ( OS ) RIN: 0790-AI51

 View Related Documents

Title: DoD Freedom of Information Act (FOIA) Program; Amendment (DoD Directive 5400.07)

Abstract: The Department of Defense is proposing to update current policies and procedures to reflect the DoD FOIA Program

as prescribed by Executive Order 13392. The changes will ensure appropriate agency disclosure of information and offer

consistency with the goals of section 552 of title 5, United States Code.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 285 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 552

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 09/30/2010 75 FR 60397 

NPRM Comment Period End 11/29/2010 

Final Action 06/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

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Regulations.gov Thursday, July 7, 2011 Unified Agenda
Agency Contact: James Hogan Department of Defense

Office of the Secretary

1155 Defense Pentagon

Washington , DC 20301-1115 

Phone: 703 696-4995 

FAX: 703 696-4506

E-Mail: james.hogan@whs.mil

Department of Defense (DOD) 

Office of the Secretary ( OS ) RIN: 0790-AI54

 View Related Documents

Title: Defense Support of Civilian Law Enforcement Agencies (DoDI 3025.ff)

Abstract: This rule provides specific policy direction and assigns responsibilities with respect to DoD support provided to

Federal, State, and local civilian law enforcement efforts, including responses to civil disturbances. DoD shall cooperate with

civilian law enforcement officials consistent with the needs of national security and military readiness, while recognizing and

conforming to the legal limitations of direct military involvement in civilian law enforcement activities as prescribed in this part.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 182 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: Not Yet Determined

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/28/2010 75 FR 81547 

NPRM Comment Period End 02/28/2011 

Final Action 07/00/2011 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: Undetermined

Energy Affected: No

Agency Contact: Clark Lystra Department of Defense

Office of the Secretary

2600 Defense Pentagon

Washington , DC 20301 

Phone: 703 697-5821 

Department of Defense (DOD) 

Office of the Secretary ( OS ) RIN: 0790-AI55

 View Related Documents

Title: Defense Support of Special Events (DoDI 3025.gg)

Abstract: This rule provides procedures for DoD support of special events to international, Federal, State, and local civil

authorities and non-governmental organizations. It terminates the delegated authority for the Secretary of the Army to oversee

the management and coordination of DoD support to international and domestic special events and assigns those

responsibilities to the Assistant Secretary of Defense for Homeland Defense and Americas' Security Affairs.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 183 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 2 USC 1966; 2 USC 1970; 10 USC 372 to 374; 10 USC 377; 10 USC 2012; 10 USC 2553 to 2555; 10 USC

2564; 18 USC 3056; 31 USC 1535 and 1536; 32 USC 502; 32 USC 508; PL 94-524; sec 5802 of PL 104-208, as amended

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 11/26/2010 75 FR 72766 

NPRM Comment Period End 01/25/2011 

Final Action 07/00/2011 

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Regulations.gov Thursday, July 7, 2011 Unified Agenda
Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: No

Energy Affected: No

Agency Contact: Carol Corbin Department of Defense

Office of the Secretary

2600 Defense Pentagon

Washington , DC 20301 

Phone: 703 697-5906 

Department of Defense (DOD) 

Office of the Secretary ( OS ) RIN: 0790-AI60

 View Related Documents

Title: Defense Industrial Base (DIB) Cyber Security/Information Assurance (CS/IA) Activities

Abstract: In accordance with Executive Order 12829, this part establishes policy, assigns responsibilities, and delegates

authority for directing the conduct of Defense Industrial Base (DIB) Cyber Security/Information Assurance (CS/IA) activities to

protect unclassified DoD information that transits or resides on unclassified DIB information systems and networks.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: EO 12829

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 06/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Brian Fredericks Department of Defense

Office of the Secretary

1155 Defense Pentagon

Washington , DC 20301 

Phone: 703 604-5522 

E-Mail: brian.fredericks2@osd.mil

Department of Defense (DOD) 

Office of the Secretary ( OS ) RIN: 0790-AI61

 View Related Documents

Title: Identification (ID) Cards for Members of the Uniformed Services, Their Dependents, and Other Eligible Individuals

Abstract: The Department of Defense (DoD) proposes to establish policy, assign responsibilities, and provide procedures for

the issuing of distinct DoD ID cards as prescribed in 18 U.S.C. 499, 506, 509, 701, and 1001. The ID card shall be issued to

uniformed service members, their dependents, and other eligible individuals and will be used as proof of identity and DoD

affiliation.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 18 USC 499, 506, 509, 701, and 1001

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 08/06/2010 75 FR 47515 

NPRM Comment Period End 10/05/2010 

Final Action 06/00/2011 

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Regulations.gov Thursday, July 7, 2011 Unified Agenda
Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Christopher Fagan Department of Defense

Office of the Secretary

Suite 200 4040 Fairfax Drive

Arlington , VA 22203 

Phone: 703 696-0848 

E-Mail: christopher.fagan@osd.pentagon.mil

Department of Defense (DOD) 

Office of the Secretary ( OS ) RIN: 0790-AI62

 View Related Documents

Title: DoD Mandatory Declassification Review (MDR) Program

Abstract: This part assigns responsibilities and provides procedures for members of the public to request a declassification

review of information classified under the provisions of Executive Order 13526, as amended, or predecessor orders. Documents

requested under the provisions of the Freedom of Information Act (FOIA), section 552(b) of title 5, United States Code (U.S.C.)

and 32 Code of Federal Regulations (CFR) part 286 will be processed by the Department in accordance with title 32 CFR part

2001.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 222 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 552

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 09/27/2010 75 FR 59176 

NPRM Comment Period End 11/26/2010 

Final Action 06/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Robert Storer Department of Defense

Office of the Secretary

1155 Defense Pentagon

Washington , DC 20301-1155 

Phone: 703 696-2197 

Department of Defense (DOD) 

Office of the Secretary ( OS ) RIN: 0790-AI66

 View Related Documents

Title: Pilot Program for the Temporary Exchange of Information Technology Personnel

Abstract: The Department of Defense (DoD) is issuing regulations to implement provisions contained in the section 1110 of the

National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2010 (Pub. L.111-84), October 28, 2009. This law authorizes

the temporary detail of employees in the field of information technology management from the DoD to private sector

organizations. It also authorizes DoD Components to accept private sector employees detailed under this program. This

program is envisioned to promote the interchange of DoD and private sector workers to enhance skills and competencies.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 241 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 111-84

Legal Deadline: None

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Regulations.gov Thursday, July 7, 2011 Unified Agenda
Timetable:

Action Date FR Cite

Interim Final Rule Effective 12/14/2010 

Interim Final Rule 12/14/2010 75 FR 77753 

Interim Final Rule Comment Period End 02/14/2011 

Final Action 06/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Sandra Smith Department of Defense

Office of the Secretary

6000 Defense Pentagon

Washington , DC 20301 

Phone: 703 699-0122 

Department of Defense (DOD) 

Office of the Secretary ( OS ) RIN: 0790-AI67

 View Related Documents

Title: Revitalizing Base Closure Communities and Addressing Impacts of Realignment; Amendment

Abstract: Economic Development Conveyances were created in amendments to the Base Closure and Realignment law in

1993, creating a new tool for communities experiencing economic dislocation from the closing of a major employer in the

community. Congress recognized that the existing authority under the Federal Property and Administrative Services Act of 1949

(as amended and otherwise known as the Real Property Act) was not structured to deal with the unique challenges of assisting

community economic recovery and job creation of such large installations, many with decaying or obsolete infrastructure and

other redevelopment challenges. Section 2715 of Public Law 111-84 changed the authority of the Department of Defense to

convey property to a local redevelopment authority (LRA) for purposes of job generation on a military installation closed or

realigned under a base closure law, known as an Economic Development Conveyance (EDC). Under this revised authority, the

Department is no longer required to seek to obtain fair market value for an EDC: An EDC may be for consideration at or below

the estimated fair market value, including for no consideration. The law also now explicitly provides authority for the Department

to be flexible regarding the form of consideration, including the authority to accept consideration in the form of revenue sharing

or so-called "back-end" funding. (i.e., "The Secretary may accept, as consideration, a share of the revenues that the

redevelopment authority receives from third-party buyers or lessees from sales and long-term leases of the conveyed property,

consideration in kind (including goods and services), real property and improvements, or such other consideration as the

Secretary considers appropriate.") The revised language also provides that the Department's determination of the consideration

may account for the economic conditions of the local affected community and the estimated costs to redevelop the property.

This rule provides guidance to implement recent changes to the law and makes other improvements that encourage expedited

property transfers for job creation that allow for the Department to obtain a share of the revenues obtained.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 174 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 10 USC 113; 10 USC 2687 note

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/17/2010 75 FR 78946 

NPRM Comment Period End 02/15/2011 

Final Action 06/00/2011 

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Federalism: No

Energy Affected: No

Agency Contact: Robert Uhrich Department of Defense

Office of the Secretary

Defense Pentagon

Washington , DC 20301 

Phone: 703 571-9081 

Department of Defense (DOD) 

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Office of the Secretary ( OS ) RIN: 0790-AG76

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Title: Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals, and

Other Nonprofit Organizations

Abstract: This rulemaking is the Department of Defense portion of a multiple-agency action. The agencies are amending their

rules implementing Office of Management and Budget (OMB) Circular A-110 "Uniform Administrative Requirements for Grants

and Agreements With Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations." The amendments to the

rules incorporate updated language in Circular A-110 requiring Federal awarding agencies to ensure that all data produced

under awards subject to the Circular are made available to the public through the procedures established under the Freedom of

Information Act (FOIA). OMB updated the Circular language in this way in October 1999, in response to a provision in Public

Law 105-277. With this rule amendment to 32 CFR parts 22 and 32, the Department of Defense therefore will maintain policies

on access to data produced under awards subject to Circular A-110 that are consistent with the policies of other executive

departments and agencies.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 22; 32 CFR 32 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 301; 10 USC 113

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Action 00/00/0000 

Interim Final Rule 03/16/2000 65 FR 14405 

Interim Final Rule Effective 04/17/2000 

Interim Final Rule Comment Period End 05/15/2000 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Mark Herbst Department of Defense

Office of the Secretary

3030 Defense Pentagon

Washington , DC 20301 

Phone: 703 588-1377 

E-Mail: mark.herbst@osd.mil

Department of Defense (DOD) 

Office of the Secretary ( OS ) RIN: 0790-AI04

 View Related Documents

Title: DLA Procedures for Eligible Purchasers of Munitions List/Commerce Control List Items

Abstract: The Defense Logistics Agency (DLA) is proposing new procedures for determining the eligibility of applicants seeking

to obtain excess and surplus United States Munitions List (USML) and Commerce Control List (CCL) items from DLA. The

purpose of these new procedures is to provide greater safeguards to protect national security interests before releasing such

property into commerce. Applicants who do not meet the standards established herein will not be eligible to receive USML or

CCL property.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 161 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 40 USC 101(3)

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Action 00/00/0000 

NPRM 10/25/2006 71 FR 62407 

NPRM Comment Period End 12/26/2006 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

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Regulations.gov Thursday, July 7, 2011 Unified Agenda
Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Mark Vincent Department of Defense

Office of the Secretary

1155 Defense Pentagon

Washington , DC 20301 

Phone: 703 767-2507 

E-Mail: mark.d.vincent@dla.mil.

Department of Defense (DOD) 

Office of the Secretary ( OS ) RIN: 0790-AI34

 View Related Documents

Title: Defense Support of Civil Authorities (DoD Directive 3025.dd)

Abstract: This rule establishes policy and assigns responsibilities for Defense Support of Civil Authorities (DSCA), supplements

regulations regarding military support for civilian law enforcement, and sets forth policy guidance for the execution and oversight

of DSCA when requested by civil authorities and approved by the appropriate DoD authority, or as directed by the President,

within the United States, including the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam,

American Samoa, the Commonwealth of the Northern Mariana Islands, and any territory or possession of the United States or

any political subdivision thereof.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 185 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 50 USC 2251, as amended; EO 12148; 3 CFR 1979 Comp, p 412

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/04/2008 73 FR 73896 

NPRM Comment Period End 02/02/2009 

Final Action 01/13/2011 76 FR 2246 

Final Action Effective 02/14/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Richard Chavez Department of Defense

Office of the Secretary

2600 Defense Pentagon

Washington , DC 20301 

Phone: 703 697-5415 

E-Mail: richard.chavez@osd.mil

Department of Defense (DOD) 

Office of the Secretary ( OS ) RIN: 0790-AI52

 View Related Documents

Title: Health Care Eligibility Under the Secretarial Designee Program and Related Special Authorities (DoDI 6025.qq)

Abstract: This rule establishes policy and assigns responsibilities under for health care eligibility under the Secretarial

Designee Program. It implements the requirement that the United States receive reimbursement for inpatient health care

provided in the United States to foreign military or diplomatic personnel, except in certain cases covered by Reciprocal Health

Care Agreements (RHCAs) between the Department of Defense and a foreign country.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 32 CFR 108 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 10 USC 1074(c)

Legal Deadline: None

93

Regulations.gov Thursday, July 7, 2011 Unified Agenda
Timetable:

Action Date FR Cite

NPRM 04/09/2010 75 FR 18138 

NPRM Comment Period End 06/08/2010 

Final Action 11/26/2010 75 FR 72682 

Final Action Effective 12/27/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Michael Skidmore Department of Defense

Office of the Secretary

4000 Defense Pentagon

Washington , DC 20301 

Phone: 703 614-4157 

94

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