Department of Defense Retrospective Review Plan Report

January 14, 2013

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

Progress updates and 

anticipated 

accomplishments

Notes

DoD/

Navy

0703-

AA87

United States 

Navy Regulations 

and Official 

Records

The rule is primarily for the 

purpose of updating the CFR 

part to reflect changes within the 

Office of the Secretary of the 

Navy and other administrative 

edits. The changes to several 

sub-parts are primarily for 

informational purposes.

3

rd quarter of 

FY2013

The public will benefit from 

updated information that reflects 

changes within the Department.

DoD / 

Navy

0703-

AA90

Permit 

Application 

Procedures for 

Archaeological 

Research and 

Enforcement 

Procedures of the 

Sunken Military 

Craft

Act on Sunken 

Military Craft 

Under the 

Jurisdiction of 

the Department 

of the Navy

This rule serves as a revision of 

the current 32 CFR part 767 and 

incorporates existing regulations 

together with the expanded 

authority provided to the 

Secretary of the Navy by the 

Sunken Military Craft Act 

(SMCA) (Pub. L. 108-375,

10 U.S.C. 113 Note and 118 

Stat. 2094-2098) in regards to 

permitting intrusive activities on 

sunken military craft. The

proposed rule replaces the 

current regulations and 

establishes a single permitting 

process for members of the 

public wishing to engage in 

intrusive and authorized 

activities on Department of Navy 

sunken and terrestrial military 

craft. The rule also incorporates 

provisions for a special-use 

permit to be issued in the case of 

minimally intrusive operations

such as sample collection or 

2

nd quarter of 

FY2013

The proposed revision to the rule 

substantiates existing legislation 

and stated public policy and does 

not carry a significant burden of 

cost to the public. Rather, the 

rule enables the public controlled 

intrusive access to sites

otherwise prohibited from 

disturbance, bringing to light 

new knowledge about the 

nation's maritime heritage, and

honoring the service of our lost 

sailors.
Department of Defense Retrospective Review Plan Report

January 14, 2013

page 2

remotely-operated vehicle 

documentation of historic sites. 

The final major provision of the

rule affects violations of the 

SMCA or of the permitting 

program and outlines penalties 

and enforcement procedures.

DoD/

Navy

0703-

AA91

Unofficial Use of 

the Seal, 

Emblem, Names, 

or Initials of the 

Marine Corps

The U.S. Marine Corps (USMC) 

currently operates a Trademark 

Licensing Office (TMLO) under 

authority found at 10 USC 2260, 

which was enacted in 2004. 

However, a regulation 

promulgated in 1986 (32 CFR 

765.14) remains in force. This 

regulation needs to be revised in 

order to reconcile it with the 

recent statutory authority, 

delegations, and the conduct and 

activities of the TMLO.

3rd quarter of 

FY2013

The public will benefit from the 

regulation being updated to 

reconcile recent changes in law 

and activities of the TMLO. 

DoD/ 

Navy

0703-

AA92

Professional 

Conduct of 

Attorneys 

Practicing Under 

the Cognizance 

and Supervision 

of the Judge 

Advocate 

General

The Department of the Navy 

(DoN) is revising its Rules of 

Professional Conduct and 

procedures for receiving, 

processing, and taking action on 

complaints of professional 

misconduct made against 

attorneys practicing under the 

supervision of the Judge 

Advocate General of the Navy 

(JAG), whether arising from 

professional legal activities in 

DoN proceedings and matters, or 

arising from other, non-U.S. 

Government related professional 

legal activities or personal 

misconduct that suggests the 

2

nd quarter of 

FY2013

This rule serves as an update to 

the current 32 CFR Part 776 and 

replaces current regulations. 

The revision generally aligns 

with the American Bar 

Association Model Rules of 

Professional Conduct. 

Significant updates were made to 

Sec. 776.25 of this part 

(Confidentiality), clarifying 

when an attorney shall reveal 

confidential information and 

when such disclosure is 

discretionary. The update to this 

part also allows covered 

attorneys to make reasonable 

disclosures necessary to ensure 

Proposed rule is 

completing the DoD 

coordination process
Department of Defense Retrospective Review Plan Report

January 14, 2013

page 3

attorney is ethically, 

professionally, or morally 

unqualified to perform legal 

services within the DoN; to 

prescribe limitations on and 

procedures for processing 

requests to engage in the outside 

practice of law by those DoN 

attorneys practicing under the 

supervision of the JAG; and to 

ensure quality legal services at 

all proceedings under the 

cognizance and supervision of 

the JAG. The revision comports 

with current policy reflected in 

JAG Instruction 5803.1 (Series), 

Professional Conduct of 

Attorneys Practicing Under the 

Cognizance and Supervision of 

the Judge Advocate General.

compliance with the Rules of 

Professional Conduct. Sec. 

776.26 of this part (Conflicts, 

generally) was revised to require 

that a client give informed 

consent, in writing, when 

waiving a potential or actual 

conflict of interest. Sec. 776.42 

of this part (Candor and 

Obligations Toward the 

Tribunal) is revised to clearly 

articulate a covered attorney’s 

responsibility for false evidence 

presented by a client, witness, or 

the attorney. Procedural 

revisions to this part include the 

addition of the Chief Judge of 

the Navy as the designated Rules 

Counsel for professional 

responsibility matters involving 

military judges, and the removal 

of the requirement to route 

professional responsibility 

complaints concerning Marine 

judge advocates through the 

General Court-Martial 

Convening Authority.

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 

Published 21 

Feb 2012, 

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 

Published 21 Feb 

2012 and took effect 

on 19 Mar 2012
Department of Defense Retrospective Review Plan Report

January 14, 2013

page 4

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.

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 

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. 

3

rd 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.

Proposed rule 

published in 2004 

and final rule 

complete. OMB 

clearance received 

29 Feb 2012. Final 

rule prepared for 

signature by 

ASA(CW).

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 

 TBD.

The rule will provide greater 

clarity to the regulated public 

regarding which waters are 

jurisdictional. Costs may be 

incurred by the Corps from 

additional workload efforts for 

evaluating an increase in 

jurisdictional waters, any needed 

TBD. Proposed rule 

currently being 

drafted by EPA and 

the Corps.
Department of Defense Retrospective Review Plan Report

January 14, 2013

page 5

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.

database changes, developing 

and providing training to field 

staff, and outreach to the 

regulated public and consultant 

community. 

DoD/ 

COE

Regulations 

Review

In accordance with the E.O., the 

USACE plan solicited 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 

were published in the Federal 

Register on November 13, 1986 

(51 FR 41206). These 

Regulations describe the 

fundamental procedures, 

policies, authorities, and 

guidelines of the 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.

Federal 

Register 

notice 

soliciting 

comments 

published on 

16 November 

2011 with 

closing date 

of 17 January 

2012. 

Priorities 

identified in 

Fall 2013. 

Implementation will be 

ongoing. 

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.

Federal Register 

notice soliciting 

comments closed on 

17 January 2012. 

Comments 

undergoing review. 

By end of FY 2013, 

Publish Federal 

Register Notice 

summarizing 

comments received 

and identifying 

priorities. 

Implementation and 

status updates of 

identified priorities 

will be ongoing.

DoD/ 0710- Civil Monetary This rule will fulfill the 2

nd quarter of Improving compliance with Delegation of 
Department of Defense Retrospective Review Plan Report

January 14, 2013

page 6

COE AA66 Penalty Inflation 

Adjustment

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.

FY2013 permit conditions and better 

environmental protection, by 

maintaining the deterrent effects 

of those civil penalties.

signature authority 

from Secretary of 

Defense on 

September 2011. 

Direct final rule 

prepared for 

ASA(CW) 

signature.

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. 

29 June 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.

Final rule published 

on 29 June 2012 (77

FR 39126) with an 

immediate effective 

date.

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.

3

rd or 4th

quarter of 

FY2013

None.

Public comment 

period closed 26 

November 2010; 

public comments 

under review for 

consideration in 

drafting the final 

report and rule.

This case 

entails 

significant 

effort to 

rewrite 

DFARS 

Part 227.

DoD/

DARS

0750-

AH70

Defense Trade 

Cooperation 

Treaty with the 

United Kingdom. 

DFARS Case

This rule amends the Defense 

Federal Acquisition Regulation 

Supplement (DFARS) Part 225 

to implement requirements of the 

Defense Trade Cooperation 

2

nd or 3rd

 

quarter of 

FY2013

This rule significantly 

streamlines and reduces 

paperwork requirements between 

the United States and the United 

Kingdom under the system set 

Interim rule 

published on 22 

May 2012. Public 

comment period 

ended on 23 July 
Department of Defense Retrospective Review Plan Report

January 14, 2013

page 7

2012-D034 Treaty with the United Kingdom 

(the Treaty) and the Security 

Cooperation Act of 2010 

regarding export control 

regulations between the United 

States and the United Kingdom. 

The rule streamlines the export 

control regulations between the 

United States and the United 

Kingdom under specified 

circumstances.

forth in the Defense Trade 

Cooperation Treaty by no longer 

requiring individual export 

control licenses within the 

Approved Community. Small 

businesses that are exporters will 

benefit from being able to use 

the streamlined treaty process to 

make exports that are associated 

with responding to DoD 

solicitations and performance of 

DoD contracts.

2012; public 

comments are under 

review in drafting 

the final report and 

rule.

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.

2

nd quarter of 

FY2013 Undetermined at this time.

Revised rule is 

nearing the end of 

the coordination 

process within the 

Department

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.

3

rd quarter of 

FY2013 Undetermined at this time

Revised rule has 

started the 

coordination process 

within the 

Department.

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 

2

nd quarter of 

FY 2013 Undetermined at this time.

A direct final rule 

will publish in the 

2

nd quarter of FY 

2013.
Department of Defense Retrospective Review Plan Report

January 14, 2013

page 8

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.

DoD/

OSD

0790-

AI75

Presentation Of 

DoD-Related 

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. 

3

rd quarter of 

FY2013 Undetermined at this time.

Revised rule has 

started the 

coordination process 

within the 

Department.

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.

3

rd quarter of 

FY2013 Undetermined at this time.

Revised rule has 

started the 

coordination process 

within the 

Department.
Department of Defense Retrospective Review Plan Report

January 14, 2013

page 9

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. 

4

th quarter of 

FY2013 Undetermined at this time. 

Revised rule has 

started the 

coordination process 

within the 

Department.

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.

2

nd 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.

Proposed rule 

published 28 

December 2010 (75 

FR 81547). The 

final rule is currently 

under review at 

OMB and 

undergoing 

interagency 

coordination. 
Department of Defense Retrospective Review Plan Report

January 14, 2013

page 10

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. 

3

rd or 4th

quarter of 

FY2013

This regulatory action imposes 

no monetary costs to the Agency 

or public.

Proposed rule 

published 6 August 

2012 (77 FR 46653). 

Comment period 

ended 5 October 

2012. Comments 

were reviewed and 

the final rule is 

being drafted.

Paperwork Reduction Act – Burden Reduction Initiative

Agency SubagencyTitle Description of initiative

Hours of 

Paperwork/ 

Reporting 

Eliminated

Estimated 

Effective 

Date of 

Change

Notes

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 pre-populated information is correct.

73,381 

hours 

burden 

reduction 

for 

applicants. 

30 June 

2013

$490,206.00 

in 

cost savings 

to applicants 

due to forms 

automation 

and the prepopulation 

of 

information 

120,240 

individuals

benefit.