Department of Defense Retrospective Review Plan ReportSeptember 10, 2012page 1Agency/SubagencyRIN/OMBControlNumberTitle OfInitiative/Rule/ICRBrief DescriptionActual orTargetCompletionDateAnticipated savings in costs&/or burdens, & anticipatedchanges in benefitsProgress updatesand anticipatedaccomplishmentsNotesDoD/COE0710-AA712012NationwidePermitsReissuanceSection 404(e) of the CleanWater Act authorizes USACE todevelop general permits,including nationwide permits(NWPs), for minor activities inwaters of the U.S. for a period offive years. Accordingly, everyfive years, USACE undergoes areauthorization process for theNWP Program and includes apublic notice and provides anopportunity for public hearing.Comments for the NWPProgram are submitted duringthe reauthorization process.Therefore, USACE periodicallyreviews this significant rule. Wealso solicit comments onadditional ways in which theNWP reauthorization processmay be improved.Published 21Feb 12, andthen everyfive yearsafter that.Nationwide permits (NWPs) helprelieve regulatory burdens onapplicants who need to obtain DApermits; an expedited form ofauthorization, as long as theproject proponent meets all termsand conditions of the NWPs. Thecosts for obtaining coverage underan NWP are low compared to thestandard permit. Theadministrative costs for USACErange from $1,800 to $3,300 foran NWP and $4,400 to $22,300for a standard permit; and thecosts for the applicant range fromless than $100 to upwards of$22,000 for an NWP and upwardsof $60,000 for a standard permit,depending on the complexity ofthe submittal.Published 21 Feb12 and took effecton 19 Mar 12.DoD/COE0710-AA60NationwidePermitProgramThe Corps proposes to revise itsNationwide Permit Programregulations at 33 CFR Part 330to address changes in regulatoryprocedures and policy that haveoccurred since those regulationswere last revised in 1991. TheCorps proposes to revise theregulation to increase the preconstruction notification reviewperiod to 45 days, to beconsistent with the current1stor 2ndquarter ofFY2013The effort will reduce burdens onpermitees by clarifying that onlyone NWP verification is neededevery five years. Also providessimplicity and clarity to theregulated public.Proposed rulepublished in 2004.Final rulecompleting reviewprocess within theDepartment.Department of Defense Retrospective Review Plan ReportSeptember 10, 2012page 2nationwide permits. The Corpsalso proposes to amend theregulation to allow districtengineers to issue verificationletters that can have the sameexpiration date as the nationwidepermit.DoD/COEDefining theTerm“Waters ofthe UnitedStates”The rule is expected to establishcategories of waters andwetlands that are jurisdictionalby rule; other categories ofwaters and wetlands will requirea case-specific analysis andfinding of Clean Water Actjurisdiction. By declaring certaincategories of waters andwetlands to be jurisdictional byrule, there will be more certaintyas to which activities requireDepartment of Army permits.There will also be reduceddelays for activities affectingthose categories of waters andwetlands, since it will no longerbe necessary to provide detailedcase-specific documentation todetermine Clean Water Actjurisdiction.Ongoingeffort; this isa joint rulewith EPA.EPA is thelead agencyfor the effortand, as such,will decidewhen tosubmit toOMB.The rule will provide greaterclarity to the regulated publicregarding which waters arejurisdictional. Implementation ofthe revised definition may costbetween $4.8 and 11.2 million.Costs may be incurred fromadditional workload efforts forevaluating an increase injurisdictional waters, any neededdatabase changes, developing andproviding training to field staff,and outreach to the regulatedpublic and consultant communityTBD. Proposedrule currently beingdrafted by EPA andthe Corps.DoD/COERegulationsReviewIn accordance with the E.O., theUSACE plan solicted commentson its Regulations to make theRegulatory Program moreeffective and less burdensome.The USACE RegulatoryProgram’s regulations are foundat 33 CFR Parts 320–332 and334. The current RegulationsFederalRegisternoticesolicitingcommentspublished onNovember 16,2011 withclosing dateThe comments received inresponse to retrospective reviewmay identify improvements to theregulations to reduce the burdenon the regulated public and makethe regulations easier to utilize.Federal Registernotice solicitingcomments closedon 17 January2012. Commentsundergoing review.By Fall 2012,Publish FederalRegister NoticeDepartment of Defense Retrospective Review Plan ReportSeptember 10, 2012page 3were published in the FederalRegister on November 13, 1986(51 FR 41206). TheseRegulationsdescribe the fundamentalprocedures, policies, authorities,and guidelines ofthe U.S. ArmyCorps of Engineer’s RegulatoryProgram. Since the 1986Regulations were issued, partsof these Regulations have beenmodified and these are to beincorporated into one codifiedset of Regulations.of January 17,2012.Prioritiesidentified inFall 2012.Implementation will beongoing.summarizingcomments receivedand identifyingpriorities.Implementation andstatus updates ofidentified prioritieswill be ongoing.DoD/COE0710-AA66CivilMonetaryPenaltyInflationAdjustmentThis rule will fulfill therequirements of the FederalCivil Penalties InflationAdjustment Act of 1990, asamended, which requiresagencies to periodically adjusttheir civil penalties to accountfor inflation to maintain theirdeterrent effects.1stor 2ndquarter ofFY2013Improving compliance withpermit conditions and betterenvironmental protection, bymaintaining the deterrent effectsof those civil penalties.Delegation ofsignature authorityfrom Secretary ofDefense onSeptember 2011.DoD RPO approvalon 6 January 2012.Direct final rulecompleting reviewprocess within theDepartment.DoD/DARS0750-AH11Only OneOfferDFARS Case2011-D013This rule amends the DefenseFederal Acquisition RegulationSupplement to addressacquisitions in which only oneoffer is received. The ruleaffects only those small entitiesthat respond to a Federalcompetitive solicitation and noother offer is received.6/29/2012Some savings should accrue to theGovernment in achieving betterprices.There is no significant economicimpact on small entities. Theimpact of this rule on smallbusiness is expected to bepredominantly positive, byallowing more opportunity forcompetition.Final rule publishedon 6/29/2012 (77FR 39126) with animmediate effectivedate.Department of Defense Retrospective Review Plan ReportSeptember 10, 2012page 4DoD/DARS0750-AG62Patents, Data,andCopyrights.DFARS Case2010-D001This rule revises the DefenseFederal Acquisition RegulationSupplement (DFARS) part 227to update and streamline theregulations relating to patents,data, and copyrights. Becausethe rule updates and clarifiesDFARS text, but makes nosignificant change to DoDpolicy regarding patents, data,and copyrights, any economicimpact is expected to beminimal.1stor 2ndquarter ofFY2013None.Public commentperiod closed11/26/2010; publiccomments underreview forconsideration indrafting the finalreport and rule.This caseentailssignificanteffort torewriteDFARSPart 227.DoD/OSD0790-AI77Provision OfEarlyInterventionAnd SpecialEducationServices ToEligible DoDDependentsThis rule provides earlyintervention services to infantsand toddlers with disabilities(birth through 2 years, inclusive)and their families, and specialeducation and related services.It provides a free, appropriatepublic education includingspecial education and relatedservices for children withdisabilities enrolled in the DoDschool systems, as specified intheir Individualized EducationalPrograms.2ndquarter ofFY2013Undetermined at this time.Revised rule hasstarted thecoordinationprocess within theDepartmentDoD/OSD0790-AI84NationalDefenseScience AndEngineeringGraduate(NDSEG)FellowshipsThis rule establishes guidelinesfor the award of NationalDefense Science andEngineering Graduate (NDSEG)Fellowships, as required by 10U.S.C. 2191.2ndor 3rdquarter ofFY2013Undetermined at this timeRevised rule hasstarted thecoordinationprocess within theDepartment.Department of Defense Retrospective Review Plan ReportSeptember 10, 2012page 5DoD/OSD0790-AI88Shelter ForTheHomelessProgramThis rule establishes DoD policyfor the Department of DefenseShelter for the HomelessProgram. The Secretary of aMilitary Department, ordesignee, may make militaryinstallations under his or herjurisdiction available for thefurnishing of shelter to personswithout adequate shelter if he orshe, or designee, determines thatsuch shelter will not interferewith military preparedness orongoing military functions.1stquarter ofFY 2013Undetermined at this time.A direct final rulewill publish in the1stquarter of FY2013.DoD/OSD0790-AI75PresentationOf DoDRelatedScientificAndTechnicalPapers AtMeetingsThis rule amplifies policy andprovides guidance forconsideration of nationalsecurity concerns in thedissemination of scientific andtechnical information in thepossession or under the controlof the Department of Defense atconferences and meetings.2ndor 3rdquarter ofFY2013Undetermined at this time.Revised rule hasstarted thecoordinationprocess within theDepartment.DoD/OSD0790-AI73WithholdingOfUnclassifiedTechnicalData FromPublicDisclosureThis rule establishes policy andprescribes procedures for thedissemination and withholdingof technical data. In accordancewith 10 U.S.C. 140c, theSecretary of Defense maywithhold from public disclosure,notwithstanding any otherprovision of law, any technicaldata with military or spaceapplication in the possession of,or under the control of, theDepartment of Defense.2ndquarter ofFY2013Undetermined at this time.Revised rule hasstarted thecoordinationprocess within theDepartment.Department of Defense Retrospective Review Plan ReportSeptember 10, 2012page 6DoD/OSDEnforcementof StateTraffic Lawson DoDInstallationsThis rule establishes policies forthe enforcement, on DoDmilitary installations, of thosestate vehicular and pedestriantraffic laws that cannot beassimilated under Title 18,U.S.C., section 13.3rdor 4thquarter ofFY2013Undetermined at this time.Revised rule hasstarted thecoordinationprocess within theDepartment.DoD/OSD0790-AI54DefenseSupport ofCivilian LawEnforcementAgenciesThis rule provides specificpolicy direction and assignsresponsibilities with respect toDoD support provided toFederal, State, and local civilianlaw enforcement agencies,including responses to civildisturbances.The primary restriction on DoDparticipation in civilian lawenforcement activities is thePosse Comitatus Act. Inaccordance with that Act, thisrule describes in detail theassistance that DoD may andmay not provide civilian lawenforcement agencies.1stor 2ndquarter ofFY2013This rule does not have asignificant effect on the economy.However, the Department ofDefense may provide support tocivilian law enforcement entitieson either a reimbursable or nonreimbursable basis depending onthe authority under which thesupport is provided. The benefitto the elements of the Departmentof Defense providing such supportmay include a benefit that issubstantially equivalent to thatderived from military operationsor training. Additionally, therecipient civilian law enforcementagencies benefit from theDepartment of Defense’ssubstantial capabilities whenthose capabilities are not neededfor Department of Defensemissions.Proposed rulepublished12/28/2010 (75 FR81547). The finalrule is currentlyunder review atOMB andundergoinginteragencycoordination.DoD/OSD0790-AI55DefenseSupport toSpecialEventsThis rule establishes proceduresand assigns responsibilities forSpecial Events, sets forthprocedural guidance for theexecution of Special Eventssupport when requested by civilauthorities or qualifying entitiesand approved by the appropriate4/17/2012The various statutory authoritiesfor DoD support of SpecialEvents provide that some supportmay be provided on areimbursable and other supportmay be provided on a nonreimbursable basis. The costs toDoD in a given year will dependFinal published on4/17/12 (77 FR22671) with aneffective date ofMay 17, 2012.Department of Defense Retrospective Review Plan ReportSeptember 10, 2012page 7DoD authority, or as directed bythe President, within the UnitedStates.on the types of events supportedbecause not all events occur on anannual basis (e.g., PresidentialInaugurations).The Economy Act (31 U.S.C. §§1535-1536) normally provides theauthority for the provision andreimbursement of support fromone Federal agency to another forgoods and services. Under theprovision of the Act, requestingagencies are expected to providefull reimbursement to assistingagencies.The benefits depend on the typesof support DoD is authorized toprovide. If logistics, communications, planning, and safetysupport are provided, this supportresults in better coordinated,better organized, and safer events.DoD/OSD0790-AI86DefenseLogisticsAgencyPrivacyProgramIn August, DLA published aproposed rule to amend itsprivacy program regulation dueto reorganization of the privacyoffice under the DLA GeneralCounsel. Responsibilities wereupdated to reflect thereorganization and the adoptionof current DoD-wide privacyguidance that includes collectingpersonal information, access byindividuals, publicationrequirements, reports,inspections, matching programprocedures, and enforcementactions.1stor 2ndquarter ofFY2013This regulatory action imposes nomonetary costs to the Agency orpublic.Proposed rulepublished 8/6/2012(77 FR 46653).Comment periodends 10/5/2012.Department of Defense Retrospective Review Plan ReportSeptember 10, 2012page 8Paperwork Reduction Act – Burden Reduction InitiativeAgencySubagencyTitleDescription of initiativeHours ofPaperwork/ReportingEliminatedEstimatedEffective Date ofChangeNotesDoD Air Force0701-0078: PersonalInterview – USAFHealth ProfessionsApplicant;0701-0079: PersonalInterview Record,Financial Status ofApplicant, Requestfor Evaluation &Information;0701-0080: Air ForceOfficer TrainingSchool (OTS)Accession Forms;0701-0096:Application forAppointment asReserve of the AirForce WithoutComponent; &0701-0134: Requestfor Approval ofForeign GovernmentEmployment of AirForce MembersThe Air Force Education andTraining Command (AETC)Information Collection ReportManager and Air Force PersonnelCenter Forms Manager areworking to reduce andconsolidate accession andrecruiting forms. AETC'smission begins with the Air ForceRecruiting Service (AFRS).Recruiters in more than 1,000offices worldwide recruit theyoung men and women needed asboth enlisted airmen andcommissioned officers to meetthe demands of the U.S. AirForce. Current forms will belinked to the Air Force RecruitingSystem and pre-populated frominformation stored within thesystem. The pre-population offorms will reduce the burden onapplicants. Applicants will nolonger have to provideinformation on multiple forms butwill be asked to certify that prepopulated information is correct.73,381 hoursburden reductionfor applicants.6/30/2013$490,206.00 incost savings to applicants dueto forms automation and thepre-population of information120,240 individuals benefit.