```

[Federal Register Volume 77, Number 29 (Monday, February 13, 2012)]
[Unknown Section]
[Pages 7930-7937]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-1642]

[[Page 7929]]

Vol. 77

Monday,

No. 29

February 13, 2012

Part V

Department of Defense

-----------------------------------------------------------------------

Semiannual Regulatory Agenda

Federal Register / Vol. 77 , No. 29 / Monday, February 13, 2012 / 
Unified Agenda

[[Page 7930]]

-----------------------------------------------------------------------

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 July 7, 2011, 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 2012. 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 571 372-0493, or 
write to Executive Services Directorate, Washington Headquarters 
Services, 1155 Defense Pentagon, Washington, DC 20301-1155, or email: 
robert.cushing@whs.mil.
    For questions of a legal nature concerning the agenda and its 
statutory requirements or obligations, write to Office of the General 
Counsel, 1600 Defense Pentagon, Washington, DC 20301-1600, or call 703 
697-2714.
    For general information on Office of the Secretary regulations, 
other than those which are procurement-related, contact Ms. Patricia 
Toppings, telephone 571 372-0485, or write to Executive Services 
Directorate, Washington Headquarters Services, 1155 Defense Pentagon, 
Washington, DC 20301-1155, or email: patricia.toppings@whs.mil.
    For 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.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 LT Lisa Senay, telephone 703 614-5360, 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: lisa.senay@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.
    Those DoD issuances, which are directly applicable under these 
statutes,

[[Page 7931]]

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) long-term actions; and (5) completed 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: August 16, 2011.
Michael L. Rhodes,
Director, Administration and Management.

      Defense Acquisition Regulations Council--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
293.......................  Reporting of Government-           0750-AG83
                             Furnished Property (DFARS
                             Case 2012-D001).
294.......................  Updates to Wide Area               0750-AH40
                             WorkFlow (WAWF) (DFARS
                             Case 2011-D027).
------------------------------------------------------------------------

        Defense Acquisition Regulations Council--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
295.......................  Business Systems--                 0750-AG58
                             Definition and
                             Administration (DFARS
                             Case 2009-D038).
296.......................  Responsibility and                 0750-AG94
                             Liability for Government
                             Property (DFARS Case 2010-
                             D018).
297.......................  Government Support                 0750-AG95
                             Contractor Access to
                             Technical Data (DFARS
                             Case 2009-D031).
298.......................  Representation Relating to         0750-AG99
                             Compensation of Former
                             DoD Officials (DFARS Case
                             2010-D020).
299.......................  Accelerated Payments to            0750-AH19
                             Small Business (DFARS
                             Case 2011-D008).
300.......................  Fire-Resistant Fiber for           0750-AH22
                             Production of Military
                             Uniforms (DFARS Case 2011-
                             D021).
301.......................  Pilot Program on                   0750-AH27
                             Acquisition of Military
                             Purpose Nondevelopmental
                             Items (DFARS Case 2011-
                             D034).
302.......................  Contractors Performing             0750-AH28
                             Private Security
                             Functions (DFARS Case
                             2011-D023).
303.......................  Management of                      0750-AH30
                             Manufacturing Risk in
                             Major Defense Acquisition
                             Programs (DFARS Case 2011-
                             D031).
304.......................  Utilization of Domestic            0750-AH43
                             Photovoltaic Devices
                             (DFARS Case 2011-D046).
------------------------------------------------------------------------

       Defense Acquisition Regulations Council--Completed Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
305.......................  Warranty Tracking of               0750-AG74
                             Serialized Items (DFARS
                             Case 2009-D018).
306.......................  Prohibition on                     0750-AG88
                             Interrogation of
                             Detainees by Contractor
                             Personnel (DFARS Case
                             2010-D027).
307.......................  Construction and Architect-        0750-AG91
                             Engineer Services
                             Performance Evaluation
                             (DFARS Case 2010-D024).
308.......................  Electronic Ordering                0750-AH20
                             Procedures (DFARS Case
                             2009-D037).
309.......................  Inclusion of Option                0750-AH23
                             Amounts in Limitations on
                             Authority of the
                             Department of Defense to
                             Carry Out Certain
                             Prototype Projects (DFARS
                             Case 2011-D024).
310.......................  Award-Fee Reductions for           0750-AH24
                             Health and Safety Issues
                             (DFARS Case 2009-D039).
311.......................  Material Inspection and            0750-AH33
                             Receiving Report (DFARS
                             Case 2009-D023).
312.......................  Extension of Restrictions          0750-AH34
                             on the Use of Mandatory
                             Arbitration Agreements
                             (DFARS Case 2011-D035).
------------------------------------------------------------------------

   Office of Assistant Secretary for Health Affairs--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
313.......................  TRICARE; Reimbursement of          0720-AB41
                             Sole Community Hospitals.
------------------------------------------------------------------------

[[Page 7932]]

DEPARTMENT OF DEFENSE (DOD)

Defense Acquisition Regulations Council (DARC)

Proposed Rule Stage

293. Reporting of Government--Furnished Property (DFARS Case 2012-D001)

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

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   12/22/10  75 FR 80426
NPRM Comment Period Extended........   02/18/11  76 FR 9527
Public Meeting......................   03/18/11  76 FR 11190
NPRM Comment Period End.............   04/08/11  .......................
Second NPRM.........................   10/19/11  76 FR 64885
Second NPRM Comment Period End......   12/19/11  .......................
Final Action........................   03/00/12  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Ynette R. Shelkin, Editor, Defense Acquisition 
Regulations System, Department of Defense, Defense Acquisition 
Regulations Council, OUSD/AT&L DPAP/DARS, 3060 Defense Pentagon, Room 
3B855, Washington, DC 20301-3060, Phone: 703 602-8384, Email: 
ynette.shelkin@osd.mil.
    RIN: 0750-AG83

294.  Updates to Wide Area Workflow (WAWF) (DFARS Case 2011-
D027)

    Legal Authority: 41 U.S.C. 1303
    Abstract: DoD proposes to amend the Defense Federal Acquisition 
Regulation Supplement (DFARS) to update policy and procedures on 
electronic submission of payment requests and receiving reports through 
Wide Area WorkFlow (WAWF) and TRICARE Encounter Data System (TEDS). 
WAWF is the accepted DoD system for generating invoices and receiving 
reports. TEDS is an accepted system for processing payment requests for 
rendered TRICARE health care services.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   12/00/11  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Mary Overstreet, Department of Defense, Defense 
Acquisition Regulations Council, 3060 Defense Pentagon, Washington, DC 
20301, Phone: 703 602-0311, Email: mary.overstreet@osd.mil.
    RIN: 0750-AH40

DEPARTMENT OF DEFENSE (DOD)

Defense Acquisition Regulations Council (DARC)

Final Rule Stage

295. Business Systems--Definition and Administration (DFARS Case 2009-
D038)

    Legal Authority: 41 U.S.C. 1303
    Abstract: DoD is adopting as final, with changes, an interim rule 
amending the Defense Federal Acquisition Regulation Supplement (DFARS) 
to improve the effectiveness of DoD oversight of contractor business 
systems. Section 893 of the National Defense Authorization Act for 
Fiscal Year 2011 established statutory requirements for the improvement 
of contractor business systems to ensure that such systems provide 
timely, reliable information for the management of DoD programs. In 
accordance with section 893, DoD is issuing a rule to improve the 
effectiveness of DCMA/DCAA oversight and clarify the definition and 
administration of contractor business systems.
    The rule addresses comments received under the interim rule for 
this case, as well as statutory requirements of section 893 of the 
National Defense Authorization Act for Fiscal Year 2011. DoD published 
an interim rule with request for comments on May 18, 2011 (76 FR 
28856).
    The rule will apply to solicitations and contracts that are subject 
to the Cost Accounting Standards (CAS) under 41 U.S.C. chapter 15, as 
implemented in regulations found at 48 CFR 9903.201-1 (see the FAR 
Appendix). Since contracts and subcontracts with small businesses are 
exempt from CAS requirements, DoD estimates that this rule will have no 
impact on small businesses.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   01/15/10  75 FR 2457
NPRM Comment Period End.............   03/16/10  .......................
Second NPRM.........................   12/03/10  75 FR 75549
Second NPRM Comment Period Extended.   12/09/10  75 FR 76692
Second NPRM Comment Period End......   01/10/11  .......................
Interim Final Rule..................   05/18/11  76 FR 28855
Interim Final Rule Effective........   05/18/11  .......................
Interim Final Rule Comment Period      07/18/11  .......................
 End.
Final Action........................   04/00/12  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Ynette R. Shelkin, Editor, Defense Acquisition 
Regulations System, Department of Defense, Defense Acquisition 
Regulations Council, OUSD/AT&L DPAP/DARS, 3060 Defense Pentagon, Room 
3B855, Washington, DC 20301-3060, Phone: 703 602-8384, Email: 
ynette.shelkin@osd.mil.
    RIN: 0750-AG58

296. Responsibility and Liability for Government Property (DFARS Case 
2010-D018)

    Legal Authority: 41 U.S.C. 1303
    Abstract: This rule amends the Defense Federal Acquisition 
Regulation Supplement (DFARS) to extend the Government self-insurance 
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

[[Page 7933]]

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.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   04/19/11  76 FR 21852
NPRM Comment Period End.............   06/20/11  .......................
Final Action........................   12/00/11  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Ynette R. Shelkin, Editor, Defense Acquisition 
Regulations System, Department of Defense, Defense Acquisition 
Regulations Council, OUSD/AT&L DPAP/DARS, 3060 Defense Pentagon, Room 
3B855, Washington, DC 20301-3060, Phone: 703 602-8384, Email: 
ynette.shelkin@osd.mil.
    RIN: 0750-AG94

297. Government Support Contractor Access to Technical Data (DFARS Case 
2009-D031)

    Legal Authority: Pub. L. 111-84
    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.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Interim Final Rule..................   03/02/11  76 FR 11363
Interim Final Rule Effective Date...   03/02/11  .......................
Interim Final Rule Comment Period      05/02/11  .......................
 End.
Final Action........................   01/00/12  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Ynette R. Shelkin, Editor, Defense Acquisition 
Regulations System, Department of Defense, Defense Acquisition 
Regulations Council, OUSD/AT&L DPAP/DARS, 3060 Defense Pentagon, Room 
3B855, Washington, DC 20301-3060, Phone: 703 602-8384, Email: 
ynette.shelkin@osd.mil.
    RIN: 0750-AG95

298. Representation Relating to Compensation of Former DOD Officials 
(DFARS Case 2010-D020)

    Legal Authority: 41 U.S.C. 1303; 18 U.S.C. 207; 41 U.S.C. 423; Pub. 
L. 110-181
    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 post-government 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.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   06/06/11  76 FR 32846
NPRM Comment Period End.............   08/05/11  .......................
Final Action........................   02/00/12  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.

[[Page 7934]]

    Agency Contact: Ynette R. Shelkin, Editor, Defense Acquisition 
Regulations System, Department of Defense, Defense Acquisition 
Regulations Council, OUSD/AT&L DPAP/DARS, 3060 Defense Pentagon, Room 
3B855, Washington, DC 20301-3060, Phone: 703 602-8384, Email: 
ynette.shelkin@osd.mil.
    RIN: 0750-AG99

299. Accelerated Payments to Small Business (DFARS Case 2011-D008)

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

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Interim Final Rule..................   04/27/11  76 FR 23505
Interim Final Rule Effective........   04/27/11  .......................
Interim Final Rule Comment Period      06/27/11  .......................
 End.
Final Action........................   12/00/11  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Mary Overstreet, Department of Defense, Defense 
Acquisition Regulations Council, 3060 Defense Pentagon, Washington, DC 
20301, Phone: 703 602-0311, Email: mary.overstreet@osd.mil.
    RIN: 0750-AH19

300.  Fire-Resistant Fiber for Production of Military Uniforms 
(DFARS Case 2011-D021)

    Legal Authority: Pub. L. 111-383
    Abstract: Implements section 821 of the National Defense 
Authorization Act for Fiscal Year 2011 (Pub. L. 111-383). Section 821 
prohibits specification of the use of fire-resistant rayon fiber in 
solicitations issued before January 1, 2015.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Interim Final Rule..................   06/06/11  76 FR 32843
Interim Final Rule Effective........   06/06/11  .......................
Interim Final Rule Comment Period      08/05/11  .......................
 End.
Final Action........................   02/00/12  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Ynette R. Shelkin, Editor, Defense Acquisition 
Regulations System, Department of Defense, Defense Acquisition 
Regulations Council, OUSD/AT&L DPAP/DARS, 3060 Defense Pentagon, Room 
3B855, Washington, DC 20301-3060, Phone: 703 602-8384, Email: 
ynette.shelkin@osd.mil.
    RIN: 0750-AH22

301.  Pilot Program on Acquisition of Military Purpose 
Nondevelopmental Items (DFARS Case 2011-D034)

    Legal Authority: Pub. L. 111-383
    Abstract: Implements section 866 of the National Defense 
Authorization Act for Fiscal Year 2011 (Pub. L. 111-383). Section 866 
authorized the Secretary of Defense to establish a pilot program to 
assess the feasibility and advisability of acquiring military purpose 
nondevelopmental items. The authority for this pilot program expires on 
January 6, 2016. Under this pilot program, DoD may enter into contracts 
with nontraditional defense contractors for the purpose of: (1) 
Enabling DoD to acquire items that otherwise might have been available 
to DoD; (2) assisting DoD in the rapid acquisition and fielding of 
capabilities needed to meet urgent operational needs; and (3) 
protecting the interests of the United States in paying fair and 
reasonable prices for the item or items acquired.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Interim Final Rule..................   06/29/11  76 FR 38048
Interim Final Rule Effective........   06/29/11  .......................
Interim Final Rule Comment Period      08/29/11  .......................
 End.
Final Action........................   03/00/12  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Mary Overstreet, Department of Defense, Defense 
Acquisition Regulations Council, 3060 Defense Pentagon, Washington, DC 
20301, Phone: 703 602-0311, Email: mary.overstreet@osd.mil.
    RIN: 0750-AH27

302.  Contractors Performing Private Security Functions (DFARS 
Case 2011-D023)

    Legal Authority: 41 U.S.C. 1303; Pub. L. 110-181; Pub. L. 110-417; 
Pub. L. 111-383
    Abstract: This interim rule amends the Defense Federal Acquisition 
Regulation Supplement (DFARS) to implement section 862 of the National 
Defense Authorization Act (NDAA) for Fiscal Year (FY) 2008, as amended 
by section 853 of the NDAA for FY 2009 and sections 831 and 832 of the 
NDAA for FY 2011. Section 862, as amended, establishes minimum 
processes and requirements for the selection, accountability, training, 
equipping, and conduct of personnel performing private security 
functions. The DFARS is being revised to implement the statute. This 
interim rule implements the legislation by establishing (1) regulations 
addressing the selection, training, equipping, and conduct of personnel 
performing private security functions in areas of contingency 
operations, complex contingency operations, or other military 
operations or exercises that are designated by the combatant commander, 
(2) a contract clause, and (3) remedies. DoD does not expect this 
interim rule to have a significant economic impact on a substantial 
number of small entities within the meaning of the Regulatory 
Flexibility Act, 5 U.S.C. 601, et seq., because the statute impacts 
only private security contractors performing outside the United States. 
Nevertheless, an initial regulatory flexibility analysis has been 
performed. Additionally, DoD invites comments from small business 
concerns and other interested parties on the expected impact of this 
rule on small entities.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Interim Final Rule..................   08/19/11  76 FR 52133
Interim Final Rule Effective........   08/19/11  .......................
Interim Final Rule Comment Period      10/18/11  .......................
 End.
Final Action........................   03/00/12  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Ynette R. Shelkin, Editor, Defense Acquisition 
Regulations System, Department of Defense, Defense Acquisition 
Regulations Council, 3060 Defense Pentagon, Washington, DC

[[Page 7935]]

20301, Phone: 703 602-8384, Email: ynette.shelkin@osd.mil.
    RIN: 0750-AH28

303.  Management of Manufacturing Risk in Major Defense 
Acquisition Programs (DFARS Case 2011-D031)

    Legal Authority: Pub. L. 111-383
    Abstract: DoD is issuing an interim rule to implement section 812 
of the National Defense Authorization Act for Fiscal Year 2011. Section 
812(b)(5), instructs DoD to issue guidance that, at a minimum, shall 
require appropriate consideration of the manufacturing readiness and 
manufacturing-readiness processes of potential contractors and 
subcontractors as a part of the source selection process for major 
defense acquisition programs. The interim rule amends the Defense 
Federal Acquisition Regulation Supplement (DFARS) subpart 215.3, Source 
Selection by adding paragraph (iv) to state that the manufacturing 
readiness and manufacturing-readiness processes of potential 
contractors and subcontractors shall be considered as a part of the 
source selection process for major defense acquisition programs.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Interim Final Rule..................   06/29/11  76 FR 38050
Interim Final Rule Effective........   06/29/11  .......................
Interim Final Rule Comment Period      08/29/11  .......................
 End.
Final Action........................   02/00/12  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Mary Overstreet, Department of Defense, Defense 
Acquisition Regulations Council, 3060 Defense Pentagon, Washington, DC 
20301, Phone: 703 602-0311, Email: mary.overstreet@osd.mil.
    RIN: 0750-AH30

304.  Utilization of Domestic Photovoltaic Devices (DFARS Case 
2011-D046)

    Legal Authority: Pub. L. 111-383; 41 U.S.C. 1905; 41 U.S.C. 1906; 
41 U.S.C. 1707
    Abstract: This interim rule amends the Defense Federal Acquisition 
Regulation Supplement to implement section 846 of the National Defense 
Authorization Act for Fiscal Year 2011. The section provides that 
photovoltaic devices to be utilized in performance of any covered 
contract shall comply with the Buy American statute, subject to the 
exceptions provided in the Trade Agreements Act of 1979 or otherwise 
provided by law. The rule amends DFARS subpart 225.70 by adding a new 
section 225.7017, Utilization of domestic photovoltaic devices, as well 
as an associated provision and clause in DFARS part 252. DoD has not 
made a determination to apply the requirement of section 846 of the 
National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2011 to 
contracts at or below the simplified acquisition threshold (SAT), but 
has determined to apply the rule to contracts for the acquisition of 
commercial items. The objective of the rule is to promote utilization 
of domestic photovoltaic devices under an energy savings contract, a 
utility service contract, or a private housing contract, if such 
contract does not include DoD purchase of photovoltaic devices as end 
products, but will nevertheless result in DoD ownership of photovoltaic 
devices. Prime contractors for this type of contract would generally be 
large businesses, based on the capital costs involved in these 
projects. However, many developers tend to subcontract out the majority 
of work to smaller companies. We do not currently have data available 
on whether any of the manufacturers of photovoltaic devices are small 
entities. DoD expects that this interim rule may have a significant 
economic impact on a substantial number of small entities.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Interim Final Rule..................   12/00/11  .......................
Final Action........................   03/00/12  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Ynette R. Shelkin, Editor, Defense Acquisition 
Regulations System, Department of Defense, Defense Acquisition 
Regulations Council, 3060 Defense Pentagon, Washington, DC 20301, 
Phone: 703 602-8384, Email: ynette.shelkin@osd.mil.
    RIN: 0750-AH43

DEPARTMENT OF DEFENSE (DOD)

Defense Acquisition Regulations Council (DARC)

Completed Actions

305. Warranty Tracking of Serialized Items (DFARS Case 2009-D018)

    Legal Authority: 41 U.S.C. 401
    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.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   08/30/10  75 FR 52917
NPRM Comment Period End.............   10/29/10  .......................
Final Action........................   06/08/11  76 FR 33166
Final Action Effective..............   06/08/11  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Ynette R. Shelkin, Editor, Defense Acquisition 
Regulations System, Department of Defense, Defense Acquisition 
Regulations Council, OUSD/AT&L DPAP/DARS, 3060 Defense Pentagon, Room 
3B855, Washington, DC 20301-3060, Phone: 703 602-8384, Email: 
ynette.shelkin@osd.mil.
    RIN: 0750-AG74

306. Prohibition on Interrogation of Detainees by Contractor Personnel 
(DFARS Case 2010-D027)

    Legal Authority: 41 U.S.C. 1303; Pub. L. 111-84
    Abstract: This final 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 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

[[Page 7936]]

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.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Interim Final Rule..................   11/03/10  75 FR 67632
Interim Final Rule Effective........   11/03/10  .......................
Interim Final Rule Comment Period      01/03/11  .......................
 End.
Final Action........................   07/25/11  76 FR 44282
Final Action Effective..............   07/25/11  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Ynette R. Shelkin, Editor, Defense Acquisition 
Regulations System, Department of Defense, Defense Acquisition 
Regulations Council, OUSD/AT&L DPAP/DARS, 3060 Defense Pentagon, Room 
3B855, Washington, DC 20301-3060, Phone: 703 602-8384, Email: 
ynette.shelkin@osd.mil.
    RIN: 0750-AG88

307. Construction and Architect-Engineer Services Performance 
Evaluation (DFARS Case 2010-D024)

    Legal Authority: 41 U.S.C. 1303
    Abstract: This rule amended 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 was updated to delete the outdated procedures and 
references to the obsolete DoD forms. The clarifications require no 
additional effort by contractors as the changes simply updated 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 was merely 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.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   04/19/11  76 FR 21851
NPRM Comment Period End.............   06/20/11  .......................
Final Action........................   09/20/11  76 FR 58155
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Mary Overstreet, Department of Defense, Defense 
Acquisition Regulations Council, 3060 Defense Pentagon, Washington, DC 
20301, Phone: 703 602-0311, Email: mary.overstreet@osd.mil.
    RIN: 0750-AG91

308. Electronic Ordering Procedures (DFARS Case 2009-D037)

    Legal Authority: 41 U.S.C. 1303; Pub. L. 107-347
    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 Web site 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.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Direct Final Rule...................   05/05/11  76 FR 25566
Final Action Effective..............   05/05/11  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Ynette R. Shelkin, Editor, Defense Acquisition 
Regulations System, Department of Defense, Defense Acquisition 
Regulations Council, OUSD/AT&L DPAP/DARS, 3060 Defense Pentagon, Room 
3B855, Washington, DC 20301-3060, Phone: 703 602-8384, Email: 
ynette.shelkin@osd.mil.
    RIN: 0750-AH20

309.  Inclusion of Option Amounts in Limitations on Authority 
of the Department of Defense To Carry Out Certain Prototype Projects 
(DFARS Case 2011-D024)

    Legal Authority: Pub. L. 111-383
    Abstract: This rule amends the Defense Federal Acquisition 
Regulation Supplement (DFARS) to implement section 826 of the National 
Defense Authorization Act for Fiscal Year 2011. Section 826 amended the 
DoD pilot program for transition to follow-on contracting after use of 
other transaction authority.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Direct Final Rule...................   06/08/11  76 FR 33170
Final Action Effective..............   06/08/11  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Mary Overstreet, Department of Defense, Defense 
Acquisition Regulations Council, 3060 Defense Pentagon, Washington, DC 
20301, Phone: 703 602-0311, Email: mary.overstreet@osd.mil.
    RIN: 0750-AH23

310.  Award-Fee Reductions for Health and Safety Issues (DFARS 
Case 2009-D039)

    Legal Authority: Pub. L. 111-84; Pub. L. 109-364
    Abstract: DoD issued an interim rule on November 12, 2011, amending 
the Defense FAR Supplement to implement section 823 of the National 
Defense Authorization Act for Fiscal Year 2010 and section 834 of the 
National Defense Authorization Act for Fiscal Year 2011.

[[Page 7937]]

Section 823 requires that all covered contracts for the procurement of 
goods or services using award fees be reviewed by the contracting 
officer during the evaluation of the contractor performance for the 
relevant award fee period, to determine if actions of gross negligence 
or reckless disregard by the contractor or its subcontractors caused 
harm or death to Government personnel, both civilian or military. 
Section 834 of the National Defense Authorization Act for Fiscal Year 
2011, added an additional disposition, for a finding of fault by the 
Secretary of Defense in an administrative proceeding, where a reduction 
or denial of award fee is applicable. The case was closed as agreed to 
by the DAR Council on June 2, 2011, incorporated into DFARS Case 2011-
D033, and renamed Award Fee Reduction or Denial for Health or Safety 
Issues, RIN 0750-AH37.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Interim Final Rule..................   11/12/10  75 FR 69360
Interim Final Rule Effective........   11/12/10  .......................
Interim Final Rule Comment Period      01/11/11  .......................
 End.
Merged With 0750-AH37...............   06/02/11  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Ynette R. Shelkin, Editor, Defense Acquisition 
Regulations System, Department of Defense, Defense Acquisition 
Regulations Council, OUSD/AT&L DPAP/DARS, 3060 Defense Pentagon, Room 
3B855, Washington, DC 20301-3060, Phone: 703 602-8384, Email: 
ynette.shelkin@osd.mil.
    RIN: 0750-AH24

311.  Material Inspection and Receiving Report (DFARS Case 
2009-D023)

    Legal Authority: 41 U.S.C. 1303
    Abstract: DoD issued a final rule with changes to implement updates 
to the Defense FAR Supplement (DFARS), appendix F, Material Inspection 
and Receiving Report, that incorporate procedures for using the 
electronic Wide Area Workflow (WAWF) Receiving Report required for use 
in most contracts in lieu of the DD Form 250, Material Inspection and 
Receiving Report, which is now used mostly on an exception basis. DoD 
published a proposed rule in the Federal Register (75 FR 56961) on 
September 17, 2010, to amend DFARS appendix F to provide new coverage 
on the use, preparation, and distribution of the electronic WAWF 
receiving report which is the primary method for documenting acceptance 
and distribution of shipments. The rule also addressed WAWF capability 
to provide Item Unique Identification (IUID), and Radio Frequency 
Identification (RFID). The rule was revised to reflect comments 
received. A final regulatory flexibility analysis has been prepared. 
The final rule affects all DoD contractors who are not exempt from 
using WAWF, however, the exact number of small entities is unknown. Any 
impact on small business is expected to be beneficial from providing 
detailed preparation and distribution guidance for use of WAWF.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   09/17/10  75 FR 56961
NPRM Comment Period End.............   11/16/10  .......................
Final Action........................   09/20/11  76 FR 58122
Final Action Effective..............   09/20/11  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Mary Overstreet, Department of Defense, Defense 
Acquisition Regulations Council, 3060 Defense Pentagon, Washington, DC 
20301, Phone: 703 602-0311, Email: mary.overstreet@osd.mil.
    RIN: 0750-AH33

312.  Extension of Restrictions on the Use of Mandatory 
Arbitration Agreements (DFARS 2011-D035)

    Legal Authority: Pub. L. 112-10
    Abstract: This rule amends the Defense Federal Acquisition 
Regulation Supplements (DFARS)to implement section 8102 of the DoD 
Appropriations Act for Fiscal Year 2011 (Pub. L. 112-10) to restrict 
the use of mandatory arbitration agreements when awarding contracts 
that exceed $1 million when using Fiscal Year 2011 funds appropriated 
or otherwise made available by the DoD Appropriations Act. Section 8102 
of Public Law 112-10 prohibits the use of Fiscal Year 2011 funds for 
any contract (including task or delivery orders and bilateral 
modifications adding new work) in excess of $1 million, if the 
contractor restricts its employees to arbitration for claims under 
title VII of the Civil Rights Act of 1964, or tort related to or 
arising out of sexual assault or harassment, including assault and 
battery, intentional infliction of emotional distress, false 
imprisonment, or negligent hiring, supervision, or retention. This rule 
does not apply to the acquisition of commercial items. Section 8102(b) 
requires the contractor to certify compliance by subcontractors. The 
Secretary of Defense to waive applicability to a particular contractor 
or subcontractor, if determined necessary to avoid harm to national 
security.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Direct Final Rule...................   06/29/11  76 FR 38047
Final Action Effective..............   06/29/11  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Mary Overstreet, Department of Defense, Defense 
Acquisition Regulations Council, 3060 Defense Pentagon, Washington, DC 
20301, Phone: 703 602-0311, Email: mary.overstreet@osd.mil.
    RIN: 0750-AH34

DEPARTMENT OF DEFENSE (DOD)

Office of Assistant Secretary for Health Affairs (DODOASHA)

Final Rule Stage

313. TRICARE; Reimbursement of Sole Community Hospitals

    Legal Authority: 5 U.S.C. 301; 10 U.S.C. ch 55
    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.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   07/05/11  76 FR 39043
NPRM Comment Period End.............   09/06/11  .......................
Final Action........................   12/00/11  .......................
------------------------------------------------------------------------

    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. 2012-1642 Filed 2-10-12; 8:45 am]
BILLING CODE 5001-06-P
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