### Department of Defense Retrospective Review Plan Report January 14

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page 1 **Agency/ Sub** 

**** **agency RIN/** 

**OM B**  **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**

**accom plishments**  **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 Ju risdiction 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 rul e 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 provis ions 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

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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 U SC 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 t

he 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 Supervisi on 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), wh ether 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

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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 s ervices 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 20 12, and then every five years after that. Nationwide permits (NWPs)

help relieve regulatory burdens on applicants who need to obtain DA permit s; 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 Publi shed 21 Feb 20 12 and took effect on 19 Mar 20 12

### Department of Defense Retrospective Review Plan Report January 14

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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 $1,80 0 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 regulati on to increase the pre

construction 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 20 12. 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. Propose d rule currently being drafted by EPA and the Corps.

### Department of Defense Retrospective Review Plan Report January 14

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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 w ere 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 20 11 with closing date of 17 January 2012. Priorities identified in Fall 2013. Implementa

tion 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

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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 4 th quarter of FY201 3 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 3 rd 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

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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

c ontrol 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

-

AI 77 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. Itprovides 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

-

AI 84 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

-

AI 88 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

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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

-

AI 75 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 Undet ermined at this time. Revised rule has started the coordination process within the Department.

DoD/ OSD 0790

-

AI 73 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 posse ssion 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

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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

-

AI 54 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 non

reimbursable 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 D epartment of Defense missions. Proposed rule published 28 December 201 0 (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

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page 10 DoD/ OSD 0790

-

AI 86 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

-wi de privacy guidance that includes collecting personal information, access by individuals, publication requirements, reports, inspections, matching program procedures, and enforcement actions. 3 rd or 4 th quarter of FY2013 This regulatory action imposes

no mone tary 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 Sub** 

****

**agency Title**  **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; & 0 701

- 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 consolidat e 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 pre

popul ation of information 120,240 individuals benefit.