# Vol. 79 Friday,

No. 114 June 13, 2014

Part V



# Department of Defense

Semiannual Regulatory Agenda


### 34040 Federal Register / Vol. 79, No. 114 / Friday, June 13, 2014 / Unified Agenda

**DEPARTMENT OF DEFENSE**

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

**33 CFR Ch. II**

**36 CFR Ch. III**

**48 CFR Ch. II**

**Improving Government Regulations; Unified Agenda of Federal Regulatory**  **and Deregulatory Actions**

**AGENCY :**  Department of Defense (DoD).

**ACTION :**  Semiannual regulatory agenda.

**SUMMARY :**  The Department of Defense (DoD) is publishing this semiannual agenda of regulatory documents,including those that are procurementrelated, for public information and comments under Executive Order 12866 ‘‘Regulatory Planning and Review.’’ This agenda incorporates the objective and criteria, when applicable, of the regulatory reform program under the Executive Order and other regulatory guidance. It contains DoD issuances initiated by DoD components that may have economic and environmental impact on State, local, or tribal interests under the criteria of Executive Order 12866. Although most DoD issuances listed in the agenda are of limited public impact, their nature may be of public interest and, therefore, are published to provide notice of rulemaking and an opportunity for public participation in the internal DoD rulemaking process. Members of the public may submit comments on individual proposed and interim final rulemakings at www.regulations.gov during the comment period that follows publication in the Federal Register

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This agenda updates the report published on January 7, 2014, 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 fall of 2014. In addition to this agenda, DoD components also publish rulemaking notices pertaining to their specific statutory administration requirements as required.

Starting with the fall 2007 edition, the Internet became the basic means for disseminating the Unified Agenda. The complete Unified Agenda will be available online at www.reginfo.gov, in a format that offers users the ability to obtain information from the Agenda database.

Because publication in the Federal Register is mandated for the regulatory flexibility agendas required by the Regulatory Flexibility Act (5 U.S.C. 602), the Department of Defense’s printed agenda entries include only:

(1) Rules that are in the Agency’s regulatory flexibility agenda, in accordance with the Regulatory Flexibility Act, because they are likely to have a significant economic impact on a substantial number of small entities; and

(2) any rules that the Agency has identified for periodic review under section 610 of the Regulatory Flexibility Act.

Printing of these entries is limited to fields that contain information required by the Regulatory Flexibility Act’s agenda requirements. Additional information on these entries is in the Unified Agenda available online.

**FOR FURTHER INFORMATION CONTACT :**  For information concerning the overall DoD regulatory improvement program and for general semiannual agenda information, contact Ms. Patricia Toppings, telephone 571–372–0485, or write to Executive Services Directorate, Washington Headquarters Services, 1155 Defense Pentagon, Washington, DC 20301–1155, or email: patricia.l.toppings.civ@mail.mil

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For questions of a legal nature concerning the agenda and its statutory requirements or obligations, write to Office of the General Counsel, 1600 Defense Pentagon, Washington, DC 20301–1600, or call 703–697–2714.

For general information on Office of the Secretary regulations, other than those which are procurement-related, contact Ms. Morgan Park, telephone 571–372–0489, or write to Executive Services Directorate, Washington Headquarters Services, 1155 Defense Pentagon, Washington, DC 20301–1155, or email: morgan.e.park.civ@mail.mil

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For general information on Office of the Secretary agenda items, which are procurement-related, contact Mr. Manuel Quinones, telephone 571–372– 6088 or write to Defense Acquisition Regulations Directorate, 4800 Mark Center Drive, Suite15D07–2, Alexandria, VA 22350, or email: manuel.quinones.civ@mail.mil

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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

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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: charles.r.smith567.civ@mail.mil

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For general information on Department of the Navy regulations, contact CDR Noreen Hagerty-Ford, telephone 703–614–7408, or write to Department of the Navy, Office of the Judge Advocate General, Administrative Law Division (Code 13), Washington Navy Yard, 1322 Patterson Avenue SE., Suite 3000, Washington, DC 20374– 5066, or email: Noreen.hagerty-ford@ navy.mil

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For general information on Department of the Air Force regulations, contact Bao-Anh Trinh, telephone 703– 695–6608, or write to Department of the Air Force, SAF/A6PP, 1800 Air Force Pentagon, Washington, DC 20330–1800, or email: bao-anh.trinh@ pentagon.af.mil

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For specific agenda items, contact the appropriate individual indicated in each DoD component report.

**SUPPLEMENTARY INFORMATION :**  This edition of the Unified Agenda of Federal Regulatory and Deregulatory Actions is composed of the regulatory status reports, including procurement-related regulatory status reports, from the Office of the Secretary of Defense (OSD) and the Departments of the Army and Navy. Included also is the regulatory status report from the U.S. Army Corps of Engineers, whose civil works functions fall under the reporting requirements of Executive Order 12866 and involve water resource projects and regulation of activities in waters of the United States.

DoD issuances range from DoD directives (reflecting departmental policy) to implementing instructions and regulations (largely internal and used to implement directives). The OSD agenda section contains the primary directives under which DoD components promulgate their implementing regulations.

In addition, this agenda, although published under the reporting requirements of Executive Order 12866, continues to be the DoD single-source reporting vehicle, which identifies issuances that are currently applicable under the various regulatory reform programs in progress. Therefore, DoD components will identify those rules which come under the criteria of the:

a. Regulatory Flexibility Act; b. Paperwork Reduction Act of 1995; c. Unfunded Mandates Reform Act of
1995.

Those DoD issuances, which are directly applicable under these statutes,


### 34041 Federal Register / Vol. 79, No. 114 / Friday, June 13, 2014 / Unified Agenda

will be identified in the agenda and their action status indicated. Generally, the regulatory status reports in this agenda will contain five sections: (1) Prerule stage; (2) proposed rule stage; (3) final rule stage; (4) completed actions; and (5) long-term actions. Where certain regulatory actions indicate that small entities are affected, the effect on these entities may not necessarily have significant economic impact on a substantial number of these entities as defined in the Regulatory Flexibility Act (5 U.S.C. 601(6)).

Although not a regulatory agency, DoD will continue to participate in regulatory initiatives designed to reduce economic costs and unnecessary burdens upon the public. Comments and recommendations are invited on the rules reported and should be addressed to the DoD component representatives identified in the regulatory status reports. Although sensitive to the needs of the public, as well as regulatory reform, DoD reserves the right to exercise the exemptions and flexibility permitted in its rulemaking process in order to proceed with its overall defense-oriented mission. The publishing of this agenda does not waive the applicability of the military affairs exemption in section 553 of title 5 U.S.C. and section 3 of Executive Order 12866.

Dated: February 25, 2014. Michael L. Rhodes, Director, Administration and Management.



### D EFENSE 

### ACQUISITION 

### R EGULATIONS 

### C OUNCIL

### —C OMPLETED 

### ACTIONS

Sequence No. Title Regulation Identifier No.

109 .................... Safeguarding Unclassified Controlled Technical Information (DFARS Case 2011–D039) ....................... ...... 0750–AG47

**DEPARTMENT OF DEFENSE (DOD)** Defense Acquisition Regulations Council (DARC) Completed Actions 109. Safeguarding Unclassified Controlled Technical Information (DFARS Case 2011–D039)

Legal Authority: 41 U.S.C. 1303; Pub. L. 112–239

Abstract: DoD issued an interim rule to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to add a DFARS subpart and associated contract clauses to address requirements for the safeguarding of unclassified information within contractor information systems as specified in Executive Order 13556, Controlled Unclassified Information. DoD published an advance notice of proposed rulemaking (ANPR), and notice of public meeting in the Federal Register at 75 FR 9563 on March 3, 2010, to provide the public an opportunity for input into the initial rulemaking process. A proposed DFARS rule was published in the Federal Register at 76 FR 38089 on June 29, 2011, to implement adequate security measures to safeguard unclassified DoD information within contractor information systems from unauthorized access and disclosure, and to prescribe reporting to DoD with regard to certain cyber intrusion events that affect DoD information resident on or transiting through contractor unclassified information systems. After comments were received on the proposed rule it was decided that the scope of the rule would be modified to reduce the information covered. This rule addresses safeguarding requirements that cover only unclassified controlled technical information, and reporting the compromise of unclassified controlled technical information. DoD anticipates this rule may have a significant economic impact on a substantial number of small entities.

Timetable:

Action Date FR Cite

ANPRM ............... 03/03/10 75 FR 9563 ANPRM Comment

Period End. 05/03/10 Action Date FR Cite

NPRM .................. 06/29/11 76 FR 38089 NPRM Comment

Period End. 08/29/11

NPRM Comment

Period Extended. 12/16/11 76 FR 55297

NPRM Comment

Period Extended. 10/28/11 76 FR 66889

NPRM Comment

Period End. 12/16/11

Final Action ......... 11/18/13 78 FR 69273Final Action Effective. 11/18/13

Regulatory Flexibility Analysis Required: Yes.

Agency Contact: Manuel Quinones, Department of Defense, Defense Acquisition Regulations Council, 4800 Mark Center Drive, Suite 15, D07–2, Alexandria, VA 22350, Phone: 571 372– 6088, Email: manuel.quinones.civ@ mail.mil.

RIN: 0750–AG47

[FR Doc. 2014–13116 Filed 6–12–14; 8:45 am]

**BILLING CODE 5001–06–P**