Department of Defense 2022 – Federal Register Recent Federal Regulation Documents
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Proposed Collection; Comment Request
In compliance with the Paperwork Reduction Act of 1995, the Department of the Air Force announces a proposed public information collection and seeks public comment on the provisions thereof. Comments are invited on: whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; the accuracy of the agency's estimate of the burden of the proposed information collection; ways to enhance the quality, utility, and clarity of the information to be collected; and ways to minimize the burden of the information collection on respondents, including through the use of automated collection techniques or other forms of information technology.
Submission for OMB Review; Comment Request
The DoD has submitted to the Office of Management and Budget (OMB) for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act.
Submission for OMB Review; Comment Request
The DoD has submitted to the Office of Management and Budget (OMB) for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act.
Submission for OMB Review; Comment Request
The DoD has submitted to the Office of Management and Budget (OMB) for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act.
Proposed Collection; Comment Request
In compliance with the Paperwork Reduction Act of 1995, the Defense Logistics Agency announces a proposed public information collection and seeks public comment on the provisions thereof. Comments are invited on: whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; the accuracy of the agency's estimate of the burden of the proposed information collection; ways to enhance the quality, utility, and clarity of the information to be collected; and ways to minimize the burden of the information collection on respondents, including through the use of automated collection techniques or other forms of information technology.
Proposed Collection; Comment Request
In compliance with the Paperwork Reduction Act of 1995, the Department of the Air Force/A4C announces a proposed public information collection and seeks public comment on the provisions thereof. Comments are invited on: whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; the accuracy of the agency's estimate of the burden of the proposed information collection; ways to enhance the quality, utility, and clarity of the information to be collected; and ways to minimize the burden of the information collection on respondents, including through the use of automated collection techniques or other forms of information technology.
Submission for OMB Review; Comment Request
The DoD has submitted to the Office of Management and Budget (OMB) for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act.
Submission for OMB Review; Comment Request
The DoD has submitted to the Office of Management and Budget (OMB) for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act.
Submission for OMB Review; Comment Request
The DoD has submitted to the Office of Management and Budget (OMB) for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act.
Submission for OMB Review; Federal Acquisition Regulation Part 27 Requirements
Under the provisions of the Paperwork Reduction Act, the Regulatory Secretariat Division has submitted to the Office of Management and Budget (OMB) a request to review and approve an extension of a previously approved information collection requirement regarding Federal Acquisition Regulation (FAR) part 27 requirements.
Submission for OMB Review; Termination Settlement Proposal Forms (SFs 1435-1440)
Under the provisions of the Paperwork Reduction Act, the Regulatory Secretariat Division has submitted to the Office of Management and Budget (OMB) a request to review and approve an extension of a previously approved information collection requirement regarding termination settlement proposal forms (SFs 1435-1440).
Defense Federal Acquisition Regulation Supplement: Small Business Innovation Research Data Rights (DFARS Case 2019-D043); Correction
DoD is correcting proposed regulations published in the Federal Register on December 19, 2022, regarding Small Business Innovation Research Data Rights. The document heading carried an incorrect Regulation Identifier Number. This document reflects the correct Regulation Identifier Number.
Federal Acquisition Regulation: Disclosure of Greenhouse Gas Emissions and Climate-Related Financial Risk
DoD, GSA, and NASA issued a proposed rule on November 14, 2022, proposing to amend the Federal Acquisition Regulation (FAR) to implement a requirement to ensure certain Federal contractors disclose their greenhouse gas emissions and climate-related financial risk and set science-based targets to reduce their greenhouse gas emissions. The deadline for submitting comments is being extended from January 13, 2023, to February 13, 2023, to provide additional time for interested parties to provide comments on the proposed rule.
Privacy Act of 1974; System of Records
In accordance with the Privacy Act of 1974, the DoD is modifying and reissuing a current system of records originally titled, ``Military OneSource Case Management System (CMS),'' DPR 45, which is being renamed as ``Military OneSource Business Operations Information System''. This system of records was originally established by the USD(P&R) to collect and maintain records in the Military OneSource Case Management of individuals' eligibility for support as well as processing training registration, enrollment, requests, and self- motivated education/training for its Learning Management System. The Military OneSource is a call center and website providing comprehensive information on available benefits and services to Active Duty Military, Reserve and National Guard, eligible separated members and their family members. These benefits and services include financial counseling, educational assistance and benefits, relocation planning and preparation, quality of life programs, and family and community programs. In addition to formatting administrative changes, this modification changes the categories of individuals, categories of records, the system location, system manager, authorities, record source categories, policy and practices for storage, record access, contesting and notification procedures, as well as the routine uses within the SORN.
Information Collection; Examination of Records by Comptroller General and Contract Audit
In accordance with the Paperwork Reduction Act of 1995, and the Office of Management and Budget (OMB) regulations, DoD, GSA, and NASA invite the public to comment on an extension concerning examination of records by Comptroller General and contract audit. DoD, GSA, and NASA invite comments on: whether the proposed collection of information is necessary for the proper performance of the functions of Federal Government acquisitions, including whether the information will have practical utility; the accuracy of the estimate of the burden of the proposed information collection; ways to enhance the quality, utility, and clarity of the information to be collected; and ways to minimize the burden of the information collection on respondents, including the use of automated collection techniques or other forms of information technology. OMB has approved this information collection for use through May 31, 2023. DoD, GSA, and NASA propose that OMB extend its approval for use for three additional years beyond the current expiration date.
Information Collection; Reporting Purchases From Sources Outside the United States
In accordance with the Paperwork Reduction Act of 1995, and the Office of Management and Budget (OMB) regulations, DoD, GSA, and NASA invite the public to comment on an extension concerning reporting purchases from sources outside the United States. DoD, GSA, and NASA invite comments on: whether the proposed collection of information is necessary for the proper performance of the functions of Federal Government acquisitions, including whether the information will have practical utility; the accuracy of the estimate of the burden of the proposed information collection; ways to enhance the quality, utility, and clarity of the information to be collected; and ways to minimize the burden of the information collection on respondents, including the use of automated collection techniques or other forms of information technology. OMB has approved this information collection for use through May 31, 2023. DoD, GSA, and NASA propose that OMB extend its approval for use for three additional years beyond the current expiration date.
Defense Federal Acquisition Regulation Supplement: Small Business Innovation Research Data Rights (DFARS Case 2019-D043)
DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to implement the data-rights portions of the Small Business Innovation Research Program and Small Business Technology Transfer Program Policy Directives. DoD will hold a public meeting to hear the views of interested parties.
Privacy Act of 1974; System of Records
In accordance with the Privacy Act of 1974, the DoD is establishing a new Department-wide system of records titled, ``Enterprise Identity, Credential, and Access Management (ICAM) Records, DoD-0015.'' This system of records will support the management of individual identity information, support the provision of credentials to individuals and entities to provide them access to the DoD information services and data they require, and support a standardized DoD-wide process and protocol for individual system and data access across the enterprise to improve security and cost savings.
Notice of Availability of Record of Decision for the Pearl Harbor Naval Shipyard and Intermediate Maintenance Facility Dry Dock and Waterfront Production Facility Environmental Impact Statement
The United States (U.S.) Department of the Navy (Navy), after carefully weighing the strategic, operational, and environmental consequences of the proposed action, announces its decision to select Alternative 4 (Preferred Alternative) from the Final Environmental Impact Statement for Pearl Harbor Naval Shipyard and Intermediate Maintenance Facility Dry Dock and Waterfront Production Facility at Joint Base Pearl Harbor-Hickam, Oahu, Hawaii (herein, Final EIS). This alternative will support the Pearl Harbor Naval Shipyard and Intermediate Maintenance Facility's (PHNSY & IMF's) mission to repair, maintain, and modernize Navy fast-attack submarines and surface ships. Additionally, this alternative will allow the Navy to provide appropriate dry dock capability to meet submarine depot maintenance mission requirements no later than January 2028, as well as build and operate a properly sized and configured waterfront production facility (WPF) to enable efficient vessel maintenance.
Privacy Act of 1974; Implementation
The Department of Defense (DoD or Department) is giving concurrent notice of a new Department-wide system of records, ``Declared Public Health Emergency Exposure Records,'' DoD-0013, and this rulemaking, which exempts portions of this system of records from certain provisions of the Privacy Act of 1974, as amended, because of national security requirements. This rule is being published as a direct final rule as the Department does not expect to receive any adverse comments. If such comments are received, this direct final rule will be cancelled and a proposed rule for comments will be published.
Defense Federal Acquisition Regulation Supplement: Prohibition on Certain Procurements From the Xinjiang Uyghur Autonomous Region (DFARS Case 2022-D008)
DoD is issuing an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement a section of the National Defense Authorization Act of Fiscal Year 2022 that prohibits the use of funds to knowingly procure any products mined, produced, or manufactured wholly or in part by forced labor from the Xinjiang Uyghur Autonomous Region.
Defense Federal Acquisition Regulation Supplement: Update of Challenge Period for Validation of Asserted Restrictions on Technical Data and Computer Software (DFARS Case 2022-D016)
DoD is seeking information that will assist in the development of a revision to the Defense Federal Acquisition Regulation Supplement (DFARS) to implement a section of the National Defense Authorization Act for Fiscal Year 2012, which addresses the validation of proprietary data restrictions. In addition to the request for written comments on this advance notice of proposed rulemaking, DoD will hold a public meeting to hear the views of interested parties.
Defense Federal Acquisition Regulation Supplement: Payment Instructions (DFARS Case 2017-D036)
DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to provide payment instructions for certain contracts based on the type of item acquired and the type of payment.
Defense Federal Acquisition Regulation Supplement: United States-Mexico-Canada Agreement (DFARS Case 2020-D032)
DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement the United States-Mexico-Canada Agreement Implementation Act.
Defense Federal Acquisition Regulation Supplement: Reorganization of Defense Acquisition Statutes (DFARS Case 2022-D018)
DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement sections of the National Defense Authorization Act for Fiscal Year 2021 and sections of the National Defense Authorization Act for Fiscal Year 2022 related to the transfer and reorganization of the defense acquisition statutes.
Information Collection Requirement; Defense Federal Acquisition Regulation Supplement; Performance-Based Payments-Representation
In compliance with the Paperwork Reduction Act of 1995, DoD announces the proposed extension of a public information collection requirement and seeks public comment on the provisions thereof. DoD invites comments on: whether the proposed collection of information is necessary for the proper performance of the functions of DoD, including whether the information will have practical utility; the accuracy of the estimate of the burden of the proposed information collection; ways to enhance the quality, utility, and clarity of the information to be collected; and ways to minimize the burden of the information collection on respondents, including through the use of automated collection techniques or other forms of information technology. The Office of Management and Budget (OMB) has approved this information collection for use under Control Number 0750-0001 through April 30, 2023. DoD proposes that OMB approve an extension of the information collection requirement, to expire three years after the approval date.
Privacy Act of 1974; System of Records
In accordance with the Privacy Act of 1974, the DoD is establishing a new Department-wide system of records titled, ``Declared Public Health Emergency Exposure Records,'' DoD-0013. This system of records covers DoD's maintenance of records about individuals necessitated by a declared public health emergency (DPHE) by an appropriate official, including the Secretary of Health and Human Services pursuant to the Public Health Services Act, a DoD official, or other authorized state, local, or other governmental public health official pursuant to applicable law. These records are maintained to assist the DoD in establishing safe environments, identifying and protecting DoD-affiliated individuals at risk of transmission of or contracting the disease or agent at issue, and in supporting mission readiness. Additionally, the DoD is issuing a direct final rule, which is exempting this system of records from certain provisions of the Privacy Act, elsewhere in today's issue of the Federal Register.
Privacy Act of 1974; System of Records
In accordance with the Privacy Act of 1974, the DoD is modifying, renumbering, and renaming a Department-wide system of records titled DoD DPR-39, ``DoD Personnel Accountability and Assessment System.'' This system of records is being modified to support additional information systems being established within the DoD using the same categories of data for the same purposes. The system number is changing from DPR-39 to DoD-0012, to reflect its status as a DoD-wide system of records, and the name is changing from ``DoD Personnel Accountability and Assessment System'' to ``Defense Accountability and Assessment Records.'' The DoD is also modifying numerous sections of the notice, including the system location, system managers, authority for maintenance of the system, purpose of the system, individuals covered by the system, record source categories, routine uses, and notification procedures. This system of records covers DoD's maintenance of records about accountability for and status of DoD-affiliated individuals, including Military Service members, civilian employees, dependents and family members, contractors, and other DoD-affiliated personnel (including individuals in other uniformed services performing DoD-related assignments) in a natural or man-made disaster, public health emergency, similar crisis, or when directed by the Secretary of Defense. This system may also apply to DoD's maintenance of records about DoD-affiliated individuals that are necessary to respond to anomalous health incidents (AHIs), such as AHIs contemplated by two sections of the National Defense Authorization Act of Fiscal Year 2022, when such records are not covered by another system, such as EDHA 07, Military Health Information System (June 15, 2020). Additionally, DoD is issuing a direct final rule, which is exempting this system of records from certain provisions of the Privacy Act, elsewhere in today's issue of the Federal Register.
Privacy Act of 1974; Implementation
The Department of Defense (DoD or Department) is giving concurrent notice of a modified Department-wide system of records titled ``Defense Accountability and Assessment Records,'' DoD-0012, and this rulemaking, which exempts portions of this system of records from certain provisions of the Privacy Act of 1974, as amended, because of national security requirements. This rule is being published as a direct final rule because the Department does not expect to receive any adverse comments. If such comments are received, this direct final rule will be cancelled and a proposed rule for comments will be published.
Department of the Army Performance Review Board Membership
This document amends the previous notice published in the Federal Register on Friday, November 2, 2022. This notice respectively amends the total number of names from 87 to 89.
Federal Acquisition Regulation: 8(a) Program
DoD, GSA, and NASA are proposing to amend the Federal Acquisition Regulation (FAR) to implement regulatory changes made by the Small Business Administration (SBA) to update and clarify requirements associated with the 8(a) program.
Federal Acquisition Regulation: United States-Mexico-Canada Agreement; Correction
DoD, GSA, and NASA published a final rule amending the Federal Acquisition Regulation (FAR) to implement the United States-Mexico- Canada Agreement Implementation Act in the Federal Register of December 1, 2022. This document corrects an erroneous instruction in that rule.
Charter Renewal of Department of Defense Federal Advisory Committees-Department of Defense Medicare-Eligible Retiree Health Care Board of Actuaries
The DoD is publishing this notice to announce that it is renewing the charter for the Department of Defense Medicare-Eligible Retiree Health Care Board of Actuaries (``the Board'').
Defense Policy Board; Notice of Federal Advisory Committee Meeting
The DoD is publishing this notice to announce that the following Federal Advisory Committee meeting of the Defense Policy Board (DPB) will take place.
Proposed Collection; Comment Request
In compliance with the Paperwork Reduction Act of 1995, the United States Marine Corps announces a proposed public information collection and seeks public comment on the provisions thereof. Comments are invited on: whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; the accuracy of the agency's estimate of the burden of the proposed information collection; ways to enhance the quality, utility, and clarity of the information to be collected; and ways to minimize the burden of the information collection on respondents, including through the use of automated collection techniques or other forms of information technology.
Submission for OMB Review; Comment Request
The DoD has submitted to the Office of Management and Budget (OMB) for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act.
Submission for OMB Review; Comment Request
The DoD has submitted to the Office of Management and Budget (OMB) for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act.
Negotiation of a Reciprocal Defense Procurement Agreement With the Ministry of Defense of Austria
On behalf of the U.S. Government, DoD is contemplating negotiating and concluding a new Reciprocal Defense Procurement Agreement with the Ministry of Defense of Austria. DoD is requesting industry feedback regarding its experience in public defense procurements conducted by or on behalf of the Austrian Ministry of Defense or Armed Forces.
Committee Renewal of Department of Defense Federal Advisory Committees-Department of Defense Wage Committee
The DoD is publishing this notice to announce that it is renewing the Department of Defense Wage Committee (``the DoD Wage Committee'').
Charter Renewal of Department of Defense Federal Advisory Committee-Defense Advisory Committee for the Prevention of Sexual Misconduct
The DoD is publishing this notice to announce that it is renewing the charter for the Defense Advisory Committee for the Prevention of Sexual Misconduct (DAC-PSM).
Renewal of Department of Defense Federal Advisory Committees-Defense Health Board
The DoD is publishing this notice to announce that it is renewing the Defense Health Board (DHB).
Potomac River at the Naval Surface Warfare Center, Dahlgren Division, Dahlgren, Virginia; Danger Zone
The Corps of Engineers is proposing to amend its regulations for an existing danger zone in the waters of the Potomac River near Dahlgren, Virginia. The Naval Surface Warfare Center, Dahlgren Division (NSWCDD) operates research, development, testing, and evaluation ranges on the Potomac River using the danger zones as defined in the existing regulation. The NSWCDD range operations center controls Navy operations on the Potomac River Test Range. The purpose of this amendment is to expand the middle danger zone for ongoing infrared sensor testing for detection of airborne chemical or biological agent simulants, directed energy testing, and for operating manned or unmanned watercraft. This amendment will extend the legal authority to engage civilian watercraft for safe transit instructions in the Potomac River within the expanded middle danger zone.
Establishment of Three Danger Zones for the Naval Support Activity Annapolis, Annapolis, Maryland, in the Waters of Carr Creek and Whitehall Bay
The Corps of Engineers is proposing to establish three danger zones in the waters of Carr Creek and Whitehall Bay in the vicinity of the Naval Support Activity Annapolis. The establishment of the proposed danger zone in Carr Creek is necessary to enable safe operation of the United States Naval Academy firing range and to reflect the routine and periodic usage of the firing range for training sailors, midshipmen, and law enforcement personnel. The establishment of the two proposed danger zones in Whitehall Bay is necessary to enable the safe operation of the United States Naval Academy firing range and to reflect irregular and infrequent usage of the range for training sailors, midshipmen, and law enforcement personnel. The firing range faces Carr Creek and, during times of operation, may present a danger to vessels located in the areas of the proposed danger zones.
National Security Education Board (NSEB); Notice of Federal Advisory Committee Meeting
The DoD is publishing this notice to announce that the following Federal Advisory Committee meeting of the NSEB will take place.
Reserve Forces Policy Board (RFPB); Notice of Federal Advisory Committee Meeting
The DoD is publishing this notice to announce that the following Federal Advisory Committee meeting of the RFPB will take place.
Federal Acquisition Regulation: Effective Communication between Government and Industry
DoD, GSA, and NASA are issuing a final rule amending the Federal Acquisition Regulation (FAR) to implement a section of the National Defense Authorization Act for Fiscal Year 2016. This rule clarifies that agency acquisition personnel are permitted and encouraged to engage in responsible and constructive exchanges with industry, so long as those exchanges are consistent with existing law and regulation and do not promote an unfair competitive advantage to particular firms.
Federal Acquisition Regulation: Update to Title 10 Citations
DoD, GSA, and NASA are issuing a final rule amending the Federal Acquisition Regulation (FAR) to update statutory references to Title 10 of the United States Code.
Federal Acquisition Regulation; Federal Acquisition Circular 2023-01; Introduction
This document summarizes the Federal Acquisition Regulation (FAR) rules agreed to by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) in this Federal Acquisition Circular (FAC) 2023-01. A companion document, the Small Entity Compliance Guide (SECG), follows this FAC.
Federal Acquisition Regulation; Federal Acquisition Circular 2023-01; Small Entity Compliance Guide
This document is issued under the joint authority of DoD, GSA, and NASA. This Small Entity Compliance Guide has been prepared in accordance with section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996. It consists of a summary of the rules appearing in Federal Acquisition Circular (FAC) 2023-01, which amends the Federal Acquisition Regulation (FAR). Interested parties may obtain further information regarding these rules by referring to FAC 2023-01, which precedes this document.
Federal Acquisition Regulation; Technical Amendments
This document makes amendments to the Federal Acquisition Regulation (FAR) in order to make needed editorial changes.
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