Regulatory Agenda: Semiannual Regulatory Agenda

April 26, 2010 (Volume 75, Number 79)

Unified Agenda

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID: f:ua100405.wais

Page 21774-21776

Department of Defense

Part V

Semiannual Regulatory Agenda

Page 21774

DEPARTMENT OF DEFENSE (DOD)

DEPARTMENT OF DEFENSE 32 CFR Chs. I, V, VI, and VII 33 CFR Ch. II 36 CFR Ch. III 48 CFR Ch. 2

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 procurement- related, 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 negligible 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.

This agenda updates the report published on December 7, 2009, and includes regulations expected to be issued and under review over the next 12 months. The next agenda and regulatory plan are scheduled to be published in the fall of 2010. 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 Mr. Robert Cushing, telephone 703-696-5282, or write to Executive Services Directorate, Washington Headquarters

Services, 1155 Defense Pentagon, Washington, DC 20301-1155, or e-mail: robert.cushing@whs.mil.

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.

Patricia Toppings, telephone 703-696-5284, or write to Executive

Services Directorate, Washington Headquarters Services, 1155

Defense Pentagon, Washington, DC 20301-1155, or e-mail: patricia.toppings@whs.mil.

For general information on Office of the Secretary agenda items, which are procurement-related, contact Ms. Ynette Shelkin, telephone 703-602-8384, or write to Defense Acquisition Regulations

Directorate, 3060 Defense Pentagon, Room 3B855, Washington, DC 20301-3062, or e-mail: ynette.shelkin@osd.mil.

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, VA 22315-3860, or e-mail: brenda.bowen@conus.army.mil.

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 e-mail: chip.smith@hqda.army.mil.

For general information on Department of the Navy regulations, contact LCDR Ann Vallandingham, 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 e- mail: ann.vallandingham@navy.mil.

For general information on Department of the Air Force regulations, contact Bao-Anh Trinh, telephone 703-696-6515, or write to Department of the Air Force, SAF/XCPP, 1800 Air Force

Pentagon, Washington, DC 20330-1800, or e-mail: bao- anh.trinh@pentagon.af.mil.

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, Navy, and Air Force. 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.

Page 21775

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, 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: March 4, 2010.

Michael L. Rhodes,

Acting Director, Administration and Management.

Defense Acquisition Regulations Council--Proposed Rule Stage

Regulation

Sequence

Title

Identifier

Number

Number

116

Restriction on Ball and Roller Bearings............................................... 0750-AG57

Defense Acquisition Regulations Council--Final Rule Stage

Regulation

Sequence

Title

Identifier

Number

Number

117

Business Systems--Definition and Administration....................................... 0750-AG58

Department of Defense (DOD)

Proposed Rule Stage

Defense Acquisition Regulations Council (DARC)

116. RESTRICTION ON BALL AND ROLLER BEARINGS

     Legal Authority: 41 USC 421

     Abstract: Revises the domestic source restriction on acquisition of ball and roller bearings. The current DFARS restriction on ball and roller bearings requires that the bearings and the main bearing components be manufactured in the U.S. or Canada. This requirement was based on the restriction at 10 U.S.C. 2534(a)(5), which expired on

     October 1, 2005. The proposed revision interprets the annual defense appropriations act domestic source restriction on acquisition of ball and roller bearings in a manner similar to the domestic source restriction of the Buy American Act.

     Timetable:

     Action

     Date

     FR Cite

     NPRM

     06/00/10

     Regulatory Flexibility Analysis Required: Yes

     Agency Contact: Ynette Shelkin, Department of Defense, Defense

     Acquisition Regulations Council, 3060 Defense Pentagon, Washington, DC 20301

     Phone: 703 602-8384

     Email: ynette.shelkin@osd.mil

     RIN: 0750-AG57

     Department of Defense (DOD)

     Final Rule Stage

     Defense Acquisition Regulations Council (DARC)

117. BUSINESS SYSTEMS--DEFINITION AND ADMINISTRATION

     Legal Authority: 41 USC 421

     Abstract: Improves the effectiveness of DoD oversight of contractor business systems.

     Timetable:

     Action

     Date

     FR Cite

     NPRM

     01/15/10

     75 FR 2457

     Page 21776

     NPRM Comment Period End

     03/16/10

     Final Action

     10/00/10

     Regulatory Flexibility Analysis Required: Yes

     Agency Contact: Amy Williams, Department of Defense, Defense

     Acquisition Regulations Council, 3000 Defense Pentagon, Washington, DC 20301-3000

     Phone: 703 602-0328

     Email: amy.williams@osd.mil

     RIN: 0750-AG58

     FR Doc. 2010-8932 Filed 04-23-10; 8:45 am

     BILLING CODE 5001-06-S