Department of Defense Retrospective Review Plan Report 

 September 10, 2012 

page 1

Agency

/ 

Subagency 

RIN/ 

OMB 

Control 

Number 

Title Of 

Initiative/ 

Rule/ICR 

Brief Description 

Actual or 

Target 

Completion 

Date 

Anticipated savings in costs 

&/or burdens, & anticipated 

changes in benefits 

P

a

DoD/ 

COE 

0710-

AA71 

2012 

Nationwide 

Permits 

Reissuance 

Section 404(e) of the Clean Water Act authorizes USACE to develop general permits, including nationwide permits (NWPs), for minor activities in waters of the U.S. for a period of five years. Accordingly, every five years, USACE undergoes a reauthorization process for the NWP Program and includes a public notice and provides an opportunity for public hearing. Comments for the NWP Program are submitted during the reauthorization process. Therefore, USACE periodically reviews this significant rule. We also solicit comments on additional ways in which the NWP reauthorization process may be improved. 

Published 21 

Feb 12, and 

then every 

five years 

after that. 

Nationwide permits (NWPs) help relieve regulatory burdens on applicants who need to obtain DA permits; an expedited form of authorization, as long as the project proponent meets all terms and conditions of the NWPs. The costs for obtaining coverage under an NWP are low compared to the standard permit. The administrative costs for USACE range from $1,800 to $3,300 for an NWP and $4,400 to $22,300 for a standard permit; and the costs for the applicant range from less than $100 to upwards of $22,000 for an NWP and upwards of $60,000 for a standard permit, depending on the complexity of the submittal. 

DoD/ 

COE 

0710-

AA60 

Nationwide 

Permit 

Program 

The Corps proposes 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 proposes to revise the regulation to increase the preconstruction notification review period to 45 days, to be consistent with the current 

1st or 2nd

quarter of 

FY2013 

The effort will reduce burdens on permitees by clarifying that only one NWP verification is needed every five years. Also provides simplicity and clarity to the regulated public. 

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c

p
Department of Defense Retrospective Review Plan Report 

 September 10, 2012 

page 2

nationwide permits. The Corps also proposes to amend the regulation to allow district engineers to issue verification letters that can have the same expiration date as the nationwide permit. 

DoD/ 

COE 

Defining the 

Term 

“Waters of 

the United 

States” 

The rule is expected to establish categories of waters and wetlands that are jurisdictional by rule; other categories of waters and wetlands will require a case-specific analysis and finding of Clean Water Act jurisdiction. By declaring certain categories of waters and wetlands to be jurisdictional by rule, there will be more certainty as to which activities require Department of Army permits. There will also be reduced delays for activities affecting those categories of waters and wetlands, since it will no longer be necessary to provide detailed case-specific documentation to determine Clean Water Act jurisdiction. 

Ongoing 

effort; this is 

a joint rule 

with EPA. 

EPA is the 

lead agency 

for the effort and, as such, 

will decide 

when to 

submit to 

OMB. 

The rule will provide greater 

clarity to the regulated public 

regarding which waters are 

jurisdictional. Implementation of 

the revised definition may cost 

between $4.8 and 11.2 million. 

Costs may be incurred from 

additional workload efforts for 

evaluating an increase in 

jurisdictional waters, any needed 

database changes, developing and 

providing training to field staff, 

and outreach to the regulated 

public and consultant community

r

d

DoD/ 

COE 

Regulations Review 

In accordance with the E.O., the USACE plan solicted comments on its Regulations to make the Regulatory Program more effective and less burdensome. The USACE Regulatory Program’s regulations are found at 33 CFR Parts 320–332 and 334. The current Regulations 

Federal 

Register 

notice 

soliciting 

comments 

published on 

November 16, 

2011 with 

closing date 

The comments received in 

response to retrospective review 

may identify improvements to the 

regulations to reduce the burden 

on the regulated public and make 

the regulations easier to utilize. 

u
Department of Defense Retrospective Review Plan Report 

 September 10, 2012 

page 3

were published in the Federal Register on November 13, 1986 (51 FR 41206). These Regulations describe the fundamental procedures, policies, authorities, and guidelines ofthe U.S. Army Corps of Engineer’s Regulatory Program. Since the 1986 Regulations were issued, parts of these Regulations have been modified and these are to be incorporated into one codified set of Regulations. 

of January 17, 

2012. 

Priorities 

identified in 

Fall 2012. 

Implementation will be 

ongoing. 

c

Im

i

DoD/ 

COE 

0710-

AA66 

Civil Monetary Penalty Inflation Adjustment 

This rule will fulfill the requirements of the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended, which requires agencies to periodically adjust their civil penalties to account for inflation to maintain their deterrent effects. 

1st or 2nd

quarter of 

FY2013 

Improving compliance with 

permit conditions and better 

environmental protection, by 

maintaining the deterrent effects 

of those civil penalties. 

s

D

o

c

p

DoD/ 

DARS 

0750-

AH11 

Only One Offer DFARS Case 2011-D013 

This rule amends the Defense Federal Acquisition Regulation Supplement to address acquisitions in which only one offer is received. The rule affects only those small entities that respond to a Federal competitive solicitation and no other offer is received. 

6/29/2012 

Some savings should accrue to the Government in achieving better prices. There is no significant economic impact on small entities. The impact of this rule on small business is expected to be predominantly positive, by allowing more opportunity for competition. 

FoFimd
Department of Defense Retrospective Review Plan Report 

 September 10, 2012 

page 4

DoD/ 

DARS 

0750-

AG62 

Patents, Data, and Copyrights. DFARS Case 2010-D001 

This rule revises the Defense Federal Acquisition Regulation Supplement (DFARS) part 227 to update and streamline the regulations relating to patents, data, and copyrights. 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.

1st or 2nd

quarter of FY2013 

None. 

Pp1crecdre

DoD/ 

 OSD 

0790-

AI77 

Provision Of Early Intervention And Special Education Services To Eligible DoD Dependents 

This rule provides early intervention services to infants and toddlers with disabilities (birth through 2 years, inclusive) and their families, and special education and related services. It provides a free, appropriate public education including special education and related services for children with disabilities enrolled in the DoD school systems, as specified in their Individualized Educational Programs. 

2nd quarter of 

FY2013 Undetermined at this time. 

RstcpD

DoD/ 

OSD 

0790-

AI84 

National Defense Science And Engineering Graduate (NDSEG) Fellowships 

This rule establishes guidelines for the award of National Defense Science and Engineering Graduate (NDSEG) Fellowships, as required by 10 U.S.C. 2191. 

2nd or 3rd

quarter of FY2013 

Undetermined at this time 

RstcpD
Department of Defense Retrospective Review Plan Report 

 September 10, 2012 

page 5

DoD/ 

OSD 

0790-

AI88 

Shelter For The Homeless Program 

This rule establishes DoD policy for the Department of Defense Shelter for the Homeless Program. The Secretary of a Military Department, or designee, may make military installations under his or her jurisdiction available for the furnishing of shelter to persons without adequate shelter if he or she, or designee, determines that such shelter will not interfere with military preparedness or ongoing military functions. 

1st quarter of 

FY 2013 Undetermined at this time. 

A w1

2

DoD/ 

OSD 

0790-

AI75 

Presentation Of DoDRelated Scientific And Technical Papers At Meetings 

This rule amplifies policy and provides guidance for consideration of national security concerns in the dissemination of scientific and technical information in the possession or under the control of the Department of Defense at conferences and meetings. 

2nd or 3rd

quarter of FY2013 

Undetermined at this time. 

RstcpD

DoD/ 

OSD 

0790-

AI73 

Withholding Of Unclassified Technical Data From Public Disclosure 

This rule establishes policy and prescribes procedures for the dissemination and withholding of technical data. In accordance with 10 U.S.C. 140c, the Secretary of Defense may withhold from public disclosure, notwithstanding any other provision of law, any technical data with military or space application in the possession of, or under the control of, the Department of Defense. 

2nd quarter of 

FY2013 Undetermined at this time. 

RstcpD
Department of Defense Retrospective Review Plan Report 

 September 10, 2012 

page 6

DoD/ 

OSD 

Enforcement of State Traffic Laws on DoD Installations 

This rule establishes policies for the enforcement, on DoD military installations, of those state vehicular and pedestrian traffic laws that cannot be assimilated under Title 18, U.S.C., section 13. 

3rd or 4th

quarter of FY2013 

Undetermined at this time. 

RstcpD

DoD/ 

OSD 

0790-

AI54 

Defense Support of Civilian Law Enforcement Agencies 

This rule provides specific policy direction and assigns responsibilities with respect to DoD support provided to Federal, State, and local civilian law enforcement agencies, including responses to civil disturbances. The primary restriction on DoD participation in civilian law enforcement activities is the Posse Comitatus Act. In accordance with that Act, this rule describes in detail the assistance that DoD may and may not provide civilian law enforcement agencies. 

1st or 2nd

quarter of FY2013 

This rule does not have a significant effect on the economy. However, the Department of Defense may provide support to civilian law enforcement entities on either a reimbursable or nonreimbursable basis depending on the authority under which the support is provided. The benefit to the elements of the Department of Defense providing such support may include a benefit that is substantially equivalent to that derived from military operations or training. Additionally, the recipient civilian law enforcement agencies benefit from the Department of Defense’s substantial capabilities when those capabilities are not needed for Department of Defense missions. 

Pp18ruuOuinc

DoD/ 

OSD 

0790-

AI55 

Defense Support to Special Events 

This rule establishes procedures and assigns responsibilities for Special Events, sets forth procedural guidance for the execution of Special Events support when requested by civil authorities or qualifying entities and approved by the appropriate 

4/17/2012 

The various statutory authorities for DoD support of Special Events provide that some support may be provided on a reimbursable and other support may be provided on a nonreimbursable basis. The costs to DoD in a given year will depend 

F42eM
Department of Defense Retrospective Review Plan Report 

 September 10, 2012 

page 7

DoD authority, or as directed by the President, within the United States. 

on the types of events supported because not all events occur on an annual basis (e.g., Presidential Inaugurations). The Economy Act (31 U.S.C. §§ 1535-1536) normally provides the authority for the provision and reimbursement of support from one Federal agency to another for goods and services. Under the provision of the Act, requesting agencies are expected to provide full reimbursement to assisting agencies. The benefits depend on the types of support DoD is authorized to provide. If logistics, communications, planning, and safety support are provided, this support results in better coordinated, better organized, and safer events. 

DoD/ 

OSD 

0790-

AI86 

Defense Logistics Agency Privacy Program 

In August, DLA published a proposed rule to amend its privacy program regulation due to reorganization of the privacy office under the DLA General Counsel. Responsibilities were updated to reflect the reorganization and the adoption of current DoD-wide privacy guidance that includes collecting personal information, access by individuals, publication requirements, reports, inspections, matching program procedures, and enforcement actions. 

1st or 2nd

quarter of FY2013 

This regulatory action imposes no monetary costs to the Agency or public. 

Pp(7Ce
Department of Defense Retrospective Review Plan Report 

 September 10, 2012 

page 8

Paperwork Reduction Act – Burden Reduction Initiative 

Agency Subagency Title Description of initiative 

Hours of Paperwork/ Reporting Eliminated

Estimated Effective Date of Change

N

DoD Air Force 

0701-0078: Personal Interview – USAF Health Professions Applicant; 0701-0079: Personal Interview Record, Financial Status of Applicant, Request for Evaluation & Information; 0701-

0080: Air Force Officer Training School (OTS) Accession Forms; 0701-0096: Application for Appointment as Reserve of the Air Force Without Component; & 0701-0134: Request for Approval of Foreign Government Employment of Air Force Members 

The Air Force Education and Training Command (AETC) Information Collection Report Manager and Air Force Personnel Center Forms Manager are working to reduce and consolidate accession and recruiting forms. AETC's mission begins with the Air Force Recruiting Service (AFRS). Recruiters in more than 1,000 offices worldwide recruit the young men and women needed as both enlisted airmen and commissioned officers to meet the demands of the U.S. Air Force. Current forms will be linked to the Air Force Recruiting System and pre-populated from information stored within the system. The pre-population of forms will reduce the burden on applicants. Applicants will no longer have to provide information on multiple forms but will be asked to certify that prepopulated information is correct. 

73,381 hours burden reduction for applicants. 6/30/2013 

$4coto pr12