Department of Defense Retrospective Review Plan ReportMay 14, 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 NWP Programare submitted during thereauthorization 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 coverageunder an NWP are low comparedto the standard permit. Theadministrative costs for USACErange from $1,800 to $3,275 foran NWP and $4,400 to $22,240for a standard permit; and thecosts for the applicant range from$13,100 to $22,079 for an NWPand $31,400 to $57,180 for astandard permit.Published 21 Feb12 and took effecton 19 Mar 12.DoD/COE0710-AA60NationwidePermitProgramThe Corps proposes to revise itsNationwide Permit Programregulations at 33 CFR part 330 toaddress 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 currentEnd of 2012.The effort will reduce burdens onpermitees by clarifying that onlyone NWP verification is neededevery five years. Also providessimplicity and clarity to theregulated public.Rule revisioncomplete. OMBclearance received29 Feb 12.RequiresASA(CW)signature onFederal RegisterNotice.Department of Defense Retrospective Review Plan ReportMay 14, 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 and wetlandsthat are jurisdictional by rule;other categories of waters andwetlands will require a casespecific analysis and finding ofClean Water Act jurisdiction. Bydeclaring certain categories ofwaters and wetlands to bejurisdictional by rule, there willbe more certainty as to whichactivities require Department ofArmy permits. There will also bereduced delays for activitiesaffecting those categories ofwaters and wetlands, since it willno longer be necessary to providedetailed case-specificdocumentation to determineClean Water Act jurisdiction.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. CurrentlyunderAdministrationreview.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 Regulationswere published in the FederalFederalRegistersolicitingcommentspublished onNovember 16,2011 withclosing dateof January 17,2012.The comments received inresponse to retrospective reviewmay identify improvements to theRegulations to reduce the burdenon the regulated public and makethem easier to utilize.Federal Registersolicitingcomments closedon 17 January2012. Commentsundergoing review.By Summer 2012,Publish FederalRegister NoticesummarizingDepartment of Defense Retrospective Review Plan ReportMay 14, 2012page 3Register on November 13, 1986(51 FR 41206). TheseRegulationsdescribe the fundamentalprocedures, policies, authorities,and guidelines ofthe U.S. Army Corps ofEngineer’s Regulatory Program.Since the 1986Regulations were issued, parts ofthese Regulations have beenmodified and these are to beincorporated into one codified setof Regulations.Prioritiesidentified inSummer2012.Implementation will beongoing.comments receivedand identifyingpriorities.Implementationand status updatesof identifiedpriorities will beongoing.DoD/DARS0750-AH11Only OneOfferDFARSCase 2011-D013This rule amends the DefenseFederal Acquisition RegulationSupplement to addressacquisitions in which only oneoffer is received. If less than 30days was allowed for receipt ofproposals, the contracting officermust re-solicit for an additional30 days. If the solicitationallowed at least 30 days forreceipt of proposals, then thecontracting officer must conductnegotiations. Both of theserequirements can be waived bythe head of the contractingactivity, without power of redelegation. This rule wasinitiated to implement theinitiative on promoting realcompetition that was presentedby the Under Secretary ofDefense for Acquisition,Technology & Logistics in aJune 2012.Some savings should accrue tothe Government in achievingbetter prices.Public commentperiod closed10/07/2011; publiccomments beingreviewed forconsideration indrafting the finalreport and rule.4/17/2012at OIRADepartment of Defense Retrospective Review Plan ReportMay 14, 2012page 4memorandum dated November 3,2010. In support of this initiative,DoD is proposing to amendDFARS subparts 215.3 and215.4. The rule affects only thosesmall entities that respond to aFederal competitive solicitationand no other offer is received.Any impact of this rule on smallbusiness is expected to bepredominantly positive, byallowing more opportunity forcompetition.DoD/DARS0750-AG62Patents,Data, andCopyrights.DFARSCase 2010-D001This rule revises the DefenseFederal Acquisition RegulationSupplement (DFARS) part 227 toupdate and streamline theregulations relating to patents,data, and copyrights. This is afollow-on case to DFARS Case2003-D049, Patents, Data, andCopyrights. The rule removestext and clauses that are obsoleteor unnecessary; relocates andintegrates the coverage forcomputer software and computersoftware documentation with thecoverage for technical data toeliminate redundant coverage forthese subjects while retaining thenecessary distinctions; eliminatesor combines the clausesassociated with technical dataand computer software,consistent with the revised andstreamlined regulatory coverage;relocates, reorganizes, andAugust 2012. None.Public commentperiod closed11/26/2010; publiccomments underreview forconsideration indrafting the finalreport and rule.This caseentailssignificanteffort torewriteDFARSPart 227.Department of Defense Retrospective Review Plan ReportMay 14, 2012page 5clarifies the coverage for rights inworks; and relocates to theDFARS companion resource,Procedures, Guidance, andInformation (PGI), text that is notregulatory in nature and does notimpact the public. Because therule updates and clarifies DFARStext, but makes no significantchange to DoD policy regardingpatents, data, and copyrights, anyeconomic impact is expected tobe minimal.DoD/OSD0790-AI77Provision OfEarlyInterventionAnd SpecialEducationServices ToEligibleDoDDependentsThis part implements policy,assigns responsibilities, andprescribes procedures for the:(1) Provision of earlyintervention services (EIS) toinfants and toddlers withdisabilities (birth through 2years, inclusive) and theirfamilies, and special educationand related services (hereafterreferred to as “special services”)to children with disabilities (ages3 through 21 years, inclusive)entitled to receive specialservices from the Department ofDefense.(2) Implementation of acomprehensive, multidisciplinaryprogram of EIS for infants andtoddlers (birth through 2 years,inclusive) with disabilities, andtheir families.(3) Provision of a free,appropriate public educationEnd of 2012. Undetermined at this time.Revised rule hasstarted thecoordinationprocess within theDepartmentDepartment of Defense Retrospective Review Plan ReportMay 14, 2012page 6(FAPE) including specialeducation and related services forchildren with disabilities enrolledin the DoD school systems, asspecified in their IndividualizedEducational Programs (IEP).(4) Monitoring of DoD programsproviding EIS, special education,and related services forcompliance with this part.(5) Establishment of a DoDAdvisory Panel (DoD-AP) onEarly Intervention, SpecialEducation, and Related Servicesand a DoD CoordinatingCommittee (DoD-CC) on EarlyIntervention, Special Education,and Related Services.DoD/OSD0790-AI84NationalDefenseScience AndEngineeringGraduate(NDSEG)FellowshipsThis part establishes guidelinesfor the award of NationalDefense Science and EngineeringGraduate (NDSEG) Fellowships,as required by 10 U.S.C. 2191.End of 2012. Undetermined at this timeRevised rule hasstarted thecoordinationprocess within theDepartment.DoD/OSD0790-AI88Shelter ForTheHomelessProgramThis part implements 10 U.S.C.2546 by establishing Departmentof Defense policy for theDepartment of Defense Shelterfor the Homeless Program. TheSecretary of a MilitaryDepartment, or designee, maymake military installations underhis or her jurisdiction availablefor the furnishing of shelter topersons without adequate shelterin accordance with 10 U.S.C.A direct finalrule isexpected topublish in thelast quarter ofFY 2012.Undetermined at this time.Amendment rulehas started thecoordinationprocess within theDepartment.Department of Defense Retrospective Review Plan ReportMay 14, 2012page 72546 and this part if he or she, ordesignee, determines that suchshelter will not interfere withmilitary preparedness or ongoingmilitary functions.DoD/OSD0790-AI75PresentationOf DoDRelatedScientificAndTechnicalPapers AtMeetingsThis part amplifies policy,assigns responsibilities,prescribes procedures, andprovides guidance forconsideration of national securityconcerns in the dissemination ofscientific and technicalinformation in the possession orunder the control of theDepartment of Defense atconferences and meetings. Itsupports current policiesregarding classified meetings andrequirements for review ofscientific and technical papers;provides guidance for reviewingand presenting papers containingexport controlled DoD technicaldata; establishes procedures forcontaining DoD advice onindependently produced scientificand technical papers; andprovides criteria for identifyingfundamental research activitiesperformed under contract or grantthat are excluded from reviewrequirements.End of 2012. Undetermined at this time.Revised rule hasstarted thecoordinationprocess within theDepartment.DoD/OSD0790-AI73WithholdingOfUnclassifiedTechnicalData FromThis part establishes policy,prescribes procedures, andassigns responsibilities for thedissemination and withholding oftechnical data. In accordanceEnd of 2012. Undetermined at this time.Revised rule hasstarted thecoordinationprocess within theDepartment.Department of Defense Retrospective Review Plan ReportMay 14, 2012page 8PublicDisclosurewith 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, if suchdata may not be exportedlawfully without an approval,authorization, or license underE.O. 12470 or the Arms ExportControl Act. However, technicaldata may not be withheld underthis section if regulationspromulgated under either theOrder or Act authorize the exportof such data pursuant to ageneral, unrestricted license orexemption in such regulations.DoD/OSDEnforcement of StateTrafficLaws onDoDInstallationsThis part establishes policies forthe enforcement, on DoDmilitary installations, of thosestate vehicular and pedestriantraffic laws that cannot beassimilated under Title 18,U.S.C., section 13.Early 2013. Undetermined at this time.Revised rule hasstarted thecoordinationprocess within theDepartment.