1146 Federal Register / Vol. 79, No. 4 / Tuesday, January 7, 2014 / Unified Agenda 

DEPARTMENT OF DEFENSE 

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

33 CFR Ch. II 

36 CFR Ch. III 

48 CFR Ch. II 

Improving Government Regulations; 

Unified Agenda of Federal Regulatory 

and Deregulatory Actions 

AGENCY: Department of Defense (DoD). 

ACTION: Semiannual regulatory agenda. 

SUMMARY: The Department of Defense 

(DoD) is publishing this semiannual 

agenda of regulatory documents, 

including those that are procurementrelated, for public information and 

comments under Executive Order 12866 

‘‘Regulatory Planning and Review.’’ 

This agenda incorporates the objective 

and criteria, when applicable, of the 

regulatory reform program under the 

Executive Order and other regulatory 

guidance. It contains DoD issuances 

initiated by DoD components that may 

have economic and environmental 

impact on State, local, or tribal interests 

under the criteria of Executive Order 

12866. Although most DoD issuances 

listed in the agenda are of limited public 

impact, their nature may be of public 

interest and, therefore, are published to 

provide notice of rulemaking and an 

opportunity for public participation in 

the internal DoD rulemaking process. 

Members of the public may submit 

comments on individual proposed and 

interim final rulemakings at 

www.regulations.gov during the 

comment period that follows 

publication in the Federal Register. 

This agenda updates the report 

published on July 3, 2013, and includes 

regulations expected to be issued and 

under review over the next 12 months. 

The next agenda is scheduled to be 

published in the spring of 2014. In 

addition to this agenda, DoD 

components also publish rulemaking 

notices pertaining to their specific 

statutory administration requirements as 

required. 

Starting with the fall 2007 edition, the 

Internet became the basic means for 

disseminating the Unified Agenda. The 

complete Unified Agenda will be 

available online at www.reginfo.gov, in 

a format that offers users the ability to 

obtain information from the Agenda 

database. 

Because publication in the Federal 

Register is mandated for the regulatory 

flexibility agendas required by the 

Regulatory Flexibility Act (5 U.S.C. 

602), the Department of Defense’s 

printed agenda entries include only: 

(1) Rules that are in the Agency’s 

regulatory flexibility agenda, in 

accordance with the Regulatory 

Flexibility Act, because they are likely 

to have a significant economic impact 

on a substantial number of small 

entities; and 

(2) any rules that the Agency has 

identified for periodic review under 

section 610 of the Regulatory Flexibility 

Act. 

Printing of these entries is limited to 

fields that contain information required 

by the Regulatory Flexibility Act’s 

agenda requirements. Additional 

information on these entries is in the 

Unified Agenda available online. 

FOR FURTHER INFORMATION CONTACT: For 

information concerning the overall DoD 

regulatory improvement program and 

for general semiannual agenda 

information, contact Ms. Patricia 

Toppings, telephone 571–372–0485, or 

write to Executive Services Directorate, 

Washington Headquarters Services, 

1155 Defense Pentagon, Washington, DC 

20301–1155, or email: 

patricia.l.toppings.civ@mail.mil. 

For questions of a legal nature 

concerning the agenda and its statutory 

requirements or obligations, write to 

Office of the General Counsel, 1600 

Defense Pentagon, Washington, DC 

20301–1600, or call 703–697–2714. 

For general information on Office of 

the Secretary regulations, other than 

those which are procurement-related, 

contact Ms. Morgan Park, telephone 

571–372–0489, or write to Executive 

Services Directorate, Washington 

Headquarters Services, 1155 Defense 

Pentagon, Washington, DC 20301–1155, 

or email: morgan.e.park.civ@mail.mil. 

For general information on Office of 

the Secretary agenda items, which are 

procurement-related, contact Mr. 

Manuel Quinones, telephone 571–372– 

6088, or write to Defense Acquisition 

Regulations Directorate, 4800 Mark 

Center Drive, Suite15D07–2, 

Alexandria, VA 22350, or email: 

manuel.quinones@osd.mil. 

For general information on 

Department of the Army regulations, 

contact Ms. Brenda Bowen, telephone 

703–428–6173, or write to the U.S. 

Army Records Management and 

Declassification Agency, ATTN: AAHS– 

RDR–C, Casey Building, Room 102, 

7701 Telegraph Road, Alexandria, 

Virginia 22315–3860, or email: 

brenda.s.bowen.civ@mail.mil. 

For general information on the U.S. 

Army Corps of Engineers regulations, 

contact Mr. Chip Smith, telephone 703– 

693–3644, or write to Office of the 

Deputy Assistant Secretary of the Army 

(Policy and Legislation), 108 Army 

Pentagon, Room 2E569, Washington, DC 

20310–0108, or email: chip.smith@

hqda.army.mil. 

For general information on 

Department of the Navy regulations, 

contact LCDR Catherine Chiappetta, 

telephone 703–614–7408, or write to 

Department of the Navy, Office of the 

Judge Advocate General, Administrative 

Law Division (Code 13), Washington 

Navy Yard, 1322 Patterson Avenue SE., 

Suite 3000, Washington, DC 20374– 

5066, or email: catherine.chiappetta@

navy.mil. 

For general information on 

Department of the Air Force regulations, 

contact Bao-Anh Trinh, telephone 703– 

695–6608/6605, or write to Department 

of the Air Force, SAF/A6PP, 1800 Air 

Force Pentagon, Washington, DC 20330– 

1800, or email: bao-anh.trinh@

pentagon.af.mil. 

For specific agenda items, contact the 

appropriate individual indicated in each 

DoD component report. 

SUPPLEMENTARY INFORMATION: This 

edition of the Unified Agenda of Federal 

Regulatory and Deregulatory Actions is 

composed of the regulatory status 

reports, including procurement-related 

regulatory status reports, from the Office 

of the Secretary of Defense (OSD) and 

the Departments of the Army and Navy. 

Included also is the regulatory status 

report from the U.S. Army Corps of 

Engineers, whose civil works functions 

fall under the reporting requirements of 

Executive Order 12866 and involve 

water resource projects and regulation 

of activities in waters of the United 

States. 

DoD issuances range from DoD 

directives (reflecting departmental 

policy) to implementing instructions 

and regulations (largely internal and 

used to implement directives). The OSD 

agenda section contains the primary 

directives under which DoD 

components promulgate their 

implementing regulations. 

In addition, this agenda, although 

published under the reporting 

requirements of Executive Order 12866, 

continues to be the DoD single-source 

reporting vehicle, which identifies 

issuances that are currently applicable 

under the various regulatory reform 

programs in progress. Therefore, DoD 

components will identify those rules 

which come under the criteria of the: 

a. Regulatory Flexibility Act; 

b. Paperwork Reduction Act of 1995; 

c. Unfunded Mandates Reform Act of 

1995. 

Those DoD issuances, which are 

directly applicable under these statutes, 


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Federal Register / Vol. 79, No. 4 / Tuesday, January 7, 2014 / Unified Agenda 1147 

will be identified in the agenda and 

their action status indicated. Generally, 

the regulatory status reports in this 

agenda will contain five sections: (1) 

Prerule stage; (2) proposed rule stage; (3) 

final rule stage; (4) completed actions; 

and (5) long-term actions. Where certain 

regulatory actions indicate that small 

entities are affected, the effect on these 

entities may not necessarily have 

significant economic impact on a 

substantial number of these entities as 

defined in the Regulatory Flexibility Act 

(5 U.S.C. 601(6)). 

Although not a regulatory agency, 

DoD will continue to participate in 

regulatory initiatives designed to reduce 

economic costs and unnecessary 

burdens upon the public. Comments 

and recommendations are invited on the 

rules reported and should be addressed 

to the DoD component representatives 

identified in the regulatory status 

reports. Although sensitive to the needs 

of the public, as well as regulatory 

reform, DoD reserves the right to 

exercise the exemptions and flexibility 

permitted in its rulemaking process in 

order to proceed with its overall 

defense-oriented mission. The 

publishing of this agenda does not 

waive the applicability of the military 

affairs exemption in section 553 of title 

5 U.S.C. and section 3 of Executive 

Order 12866. 

Dated: September 4, 2013. 

Michael L. Rhodes, 

Director, Administration and Management. 

DEFENSE ACQUISITION REGULATIONS COUNCIL—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

262 .................... Safeguarding Unclassified Controlled Technical Information (DFARS Case 2011–D039) (Reg Plan Seq 

No. 33).

0750–AG47 

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

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

DEFENSE ACQUISITION REGULATIONS COUNCIL—COMPLETED ACTIONS

Sequence No. Title Regulation 

Identifier No. 

264 .................... Release of Fundamental Research Information (DFARS Case 2012–D054) ................................................. 0750–AH92 

OFFICE OF ASSISTANT SECRETARY FOR HEALTH AFFAIRS—COMPLETED ACTIONS

Sequence No. Title Regulation 

Identifier No. 

265 .................... TRICARE; Reimbursement of Sole Community Hospitals .............................................................................. 0720–AB41 

DEPARTMENT OF DEFENSE (DOD) 

Defense Acquisition Regulations 

Council (DARC) 

Final Rule Stage 

262. Safeguarding Unclassified 

Controlled Technical Information 

(DFARS Case 2011–D039) 

Regulatory Plan: This entry is Seq. 

No. 33 in part II of this issue of the 

Federal Register. 

RIN: 0750–AG47 

263. Ownership of Offeror (DFARS 

Case 2011–D044) 

Legal Authority: 41 U.S.C. 1303 

Abstract: DoD is amending the 

Defense Federal Acquisition Regulation 

Supplement (DFARS) to add a 

solicitation provision to require offerors 

to identify their highest-level owner, 

immediate owner, and entity with 

controlling interest in the offeror. The 

Commercial And Government Entity 

(CAGE) code and legal name of that 

business provide the ability to identify 

owners of offerors. DoD does not 

anticipate this rule will have a 

significant impact on small business. 

Timetable: 

Action Date FR Cite 

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

NPRM Comment 

Period End.

09/24/12 

Final Action ......... 12/00/13 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Manuel Quinones, 

Department of Defense, Defense 

Acquisition Regulations Council, 4800 

Mark Center Drive, Suite 15D07–2, 

Alexandria, VA 22350, Phone: 571 372– 

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

RIN: 0750–AH58 

DEPARTMENT OF DEFENSE (DOD) 

Defense Acquisition Regulations 

Council (DARC) 

Completed Actions 

264. Release of Fundamental Research 

Information (DFARS Case 2012–D054) 

Legal Authority: 41 U.S.C. 1303 

Abstract: DoD is issuing a final rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to provide guidance relating to 

the release of fundamental research 

information. This rule was previously 

published as part of the proposed rule 

2011–D039, Safeguarding Unclassified 

DoD Information. This was broken out 

as a separate rule because the changes 

in this DFARS clause deal with the 

release of information on fundamental 

research projects and not safeguarding. 

This rule was initiated to implement 

guidance provided by the Under 

Secretary of Defense for Acquisition, 

Technology and Logistics (AT&L) in a 

memorandum dated May 24, 2010. The 

memorandum provided additional 

clarifying guidance to ensure that DoD 

does not restrict disclosure of the results 

of fundamental research, as defined by 

the National Security Decision Directive 

(NSDD) 189, unless such research efforts 

are classified for reasons of national 

security or otherwise restricted by 

applicable Federal statutes, regulations, 

or executive orders. The final rule is not 

expected to have a significant impact on 


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1148 Federal Register / Vol. 79, No. 4 / Tuesday, January 7, 2014 / Unified Agenda 

small entities, because the rule aims to 

implement policy guidance that is 

already being followed within DoD 

regarding restrictions on the disclosure 

of fundamental research. 

Timetable: 

Action Date FR Cite 

Final Action ......... 08/08/13 78 FR 48331 

Final Action Effective.08/08/13 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Manuel Quinones, 

Department of Defense, Defense 

Acquisition Regulations Council, 4800 

Mark Center Drive, Suite 15D07–2, 

Alexandria, VA 22350, Phone: 571 372– 

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

RIN: 0750–AH92 

DEPARTMENT OF DEFENSE (DOD) 

Office of Assistant Secretary for Health 

Affairs (DODOASHA) 

Completed Actions 

265. TRICARE; Reimbursement of Sole 

Community Hospitals 

Legal Authority: 5 U.S.C. 301; 10 

U.S.C. ch 55 

Abstract: This proposed rule would 

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. 

Timetable: 

Action Date FR Cite 

NPRM .................. 07/05/11 76 FR 39043 

NPRM Comment 

Period End.

09/06/11 

Final Action ......... 08/08/13 78 FR 48303 

Final Action Effective.10/07/13 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Marty Maxey, 

Department of Defense, Office of 

Assistant Secretary for Health Affairs, 

1200 Defense Pentagon, Washington, DC 

20301, Phone: 303 676–3627. 

RIN: 0720–AB41 

[FR Doc. 2013–29699 Filed 1–6–14; 8:45 am] 

BILLING CODE 5001–06–P 


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Vol. 79 Tuesday, 

No. 4 January 7, 2014 

Part VI 

Department of Education 

Semiannual Regulatory Agenda 


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