Department of Defense 2023 – Federal Register Recent Federal Regulation Documents
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Meeting Notice-Military Justice Review Panel
The DoD is publishing this notice to announce that the Military Justice Review Panel will host an open meeting on January 16- 17, 2024.
Notice of Availability of Software and Documentation for Licensing
Pursuant to the provisions of section 801 of Public Law 113-66 (2014 National Defense Authorization Act); the Department of the Air Force announces the availability of WIFI Distinct Native Attribute (DNA) Fingerprinting Demonstration Code, V23, dated 15 Nov 2023, to include source code (MATLAB m-files), experimentally collected WIFI data (MATLAB mat-files), and operation checking (Ops Check) documentation software and related documentation for to illustrate some basic elements of Distinct Native Attribute (DNA) fingerprinting. DNA fingerprints are extracted from radio frequency device emissions and used to discriminate (uniquely identify) specific hardware devices using machine learning (ML) techniques. The demonstrated discriminability is akin to using human fingerprints and/or human DNA to discriminate (identify) individuals. The package includes a series of folders and code for performing end-to-end DNA fingerprinting. The folders are sequentially numbered and include some experimentally collected WiFi signals; some 1D and 2D fingerprint extraction/ generation code, and some machine learning code for performing the discrimination. All of the code includes header information indicating contributing researchers and appropriate references for signals and systems where the DNA fingerprinting has been demonstrated.
Defense Federal Acquisition Regulation Supplement: Modular Open Systems Approaches (DFARS Case 2021-D005); Extension of Comment Period
DoD published an advance notice of proposed rulemaking on November 17, 2023, seeking public input on a proposed revision to the Defense Federal Acquisition Regulation Supplement (DFARS) to implement certain elements of sections of the National Defense Authorization Acts for Fiscal Years 2012, 2017, and 2021, which establish contract requirements that enable modular open system approaches. The deadline for submitting comments is being extended to provide additional time for interested parties to provide comments.
Defense Federal Acquisition Regulation Supplement: Rights in Technical Data (DFARS Case 2019-D044); Extension of Comment Period
DoD published an advance notice of proposed rulemaking on November 17, 2023, seeking public input on a proposed revision to the Defense Federal Acquisition Regulation Supplement (DFARS) to implement sections of the National Defense Authorization Acts for Fiscal Years 2012 and 2017, which address deferred ordering of technical data, including in cases when the Government does not challenge a restrictive marking or asserted restriction in technical data. The deadline for submitting comments is being extended to provide additional time for interested parties to provide comments.
Defense Federal Acquisition Regulation Supplement: Inapplicability of Additional Defense-Unique Laws and Certain Non-Statutory DFARS Clauses to Commercial Item Contracts (DFARS Case 2018-D074); Extension of Comment Period
DoD published a proposed rule on November 17, 2023, proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to implement sections of the National Defense Authorization Acts for Fiscal Years 2018 and 2019 regarding applicability of certain solicitation provisions and contract clauses to contracts and subcontracts for commercial products, commercial services, and commercially available off-the-shelf items. The deadline for submitting comments is being extended to provide additional time for interested parties to provide comments.
Information Collection; Implementation of Federal Acquisition Supply Chain Security Act (FASCSA) Orders
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 Implementation of Federal Acquisition Supply Chain Security Act (FASCSA) Orders. 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 April 30, 2024. DoD, GSA, and NASA propose that OMB extend its approval for use for three additional years beyond the current expiration date.
Cybersecurity Maturity Model Certification (CMMC) Program Guidance
The Department of Defense announces the availability of eight guidance documents for the CMMC Program. These documents provide additional guidance for the CMMC model, assessments, scoring, and hashing.
Cybersecurity Maturity Model Certification (CMMC) Program
DoD is proposing to establish requirements for a comprehensive and scalable assessment mechanism to ensure defense contractors and subcontractors have, as part of the Cybersecurity Maturity Model Certification (CMMC) Program, implemented required security measures to expand application of existing security requirements for Federal Contract Information (FCI) and add new Controlled Unclassified Information (CUI) security requirements for certain priority programs. DoD currently requires covered defense contractors and subcontractors to implement the security protections set forth in the National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171 Rev 2 to provide adequate security for sensitive unclassified DoD information that is processed, stored, or transmitted on contractor information systems and to document their implementation status, including any plans of action for any NIST SP 800-171 Rev 2 requirement not yet implemented, in a System Security Plan (SSP). The CMMC Program provides the Department the mechanism needed to verify that a defense contractor or subcontractor has implemented the security requirements at each CMMC Level and is maintaining that status across the contract period of performance, as required.
Information Collection Requirement; Defense Federal Acquisition Regulation Supplement (DFARS); Inspection and Receiving Report
The Defense Acquisition Regulations System has submitted to OMB for clearance, the following proposed revision and extension of a collection of information under the provisions of the Paperwork Reduction Act.
Information Collection Requirement; Defense Federal Acquisition Regulation Supplement; Transportation
The Defense Acquisition Regulations System has submitted to OMB for clearance, the following proposed extension of a collection of information under the provisions of the Paperwork Reduction Act.
Defense Federal Acquisition Regulation Supplement: Data Requirements for Commercial Products for Major Weapon Systems (DFARS Case 2023-D010)
DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to implement a section of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 that clarifies the data to be provided for certain procurements related to major weapon systems.
Defense Federal Acquisition Regulation Supplement; Technical Amendments
DoD is amending the Defense Federal Acquisition Regulation Supplement (DFARS) to make needed editorial changes.
Defense Federal Acquisition Regulation Supplement: Consolidation of DoD Government Property Clauses (DFARS Case 2020-D029)
DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to consolidate existing contract clauses for the management and reporting of Government property into a single contract clause. The final rule also replaces references to legacy software applications used for reporting Government property within the DoD enterprise-wide eBusiness platform, and converts existing form-based processes into electronic processes within that platform.
Federal Acquisition Regulation; Federal Acquisition Circular 2024-02; 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 rule appearing in Federal Acquisition Circular (FAC) 2024-02, which amends the Federal Acquisition Regulation (FAR). Interested parties may obtain further information regarding this rule by referring to FAC 2024-02, which precedes this document.
Federal Acquisition Regulation: Use of Project Labor Agreements for Federal Construction Projects
DoD, GSA, and NASA are issuing a final rule amending the Federal Acquisition Regulation (FAR) to implement an Executive Order pertaining to project labor agreements in Federal construction projects.
Federal Acquisition Regulation; Federal Acquisition Circular 2024-02; Introduction
This document summarizes the Federal Acquisition Regulation (FAR) rule agreed to by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) in this Federal Acquisition Circular (FAC) 2024-02. A companion document, the Small Entity Compliance Guide (SECG), follows this FAC.
Information Collection Requirement; Defense Federal Acquisition Regulation Supplement; Part 215 Negotiation
The Defense Acquisition Regulations System has submitted to OMB for clearance, the following proposed extension of a collection of information under the provisions of the Paperwork Reduction Act.
Information Collection Requirement; Defense Federal Acquisition Regulation Supplement; Small Business Programs
The Defense Acquisition Regulations System has submitted to OMB for clearance, the following proposed extension of a collection of information under the provisions of the Paperwork Reduction Act.
Information Collection Requirement; Defense Federal Acquisition Regulation Supplement; Occupational Safety, Drug-Free Work Force and Related Clauses
The Defense Acquisition Regulations System has submitted to OMB for clearance, the following proposed extension of a collection of information under the provisions of the Paperwork Reduction Act.
Information Collection Requirement; Defense Federal Acquisition Regulation Supplement Part 251, Use of Government Sources by Contractors
The Defense Acquisition Regulations System has submitted to OMB for clearance the following proposed extension of a collection of information under the provisions of the Paperwork Reduction Act.
Notice of Intent To Grant an Exclusive Patent License
Pursuant to the Bayh-Dole Act and implementing regulations, the Department of the Air Force hereby gives notice of its intent to grant an exclusive patent license to ValorTrac Inc. having a place of business at 9213 Bolero Ave., Bakersfield, CA, 93312.
Proposed Collection; Comment Request
In compliance with the Paperwork Reduction Act of 1995, the Defense Health Agency (DHA) 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 Office of Local Defense Community Cooperation (OLDCC) 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 OUSD(A&S) 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 Defense Threat Reduction Agency (DTRA) 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 Army 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.
Proposed Collection; Comment Request
In compliance with the Paperwork Reduction Act of 1995, the United States Air Force (USAF) 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.
Notice of Intent To Grant an Exclusive License; Kapalya, Inc.
The National Security Agency hereby gives notice of its intent to grant Kapalya, Inc. a revocable, non-assignable, exclusive, license to practice the following Government-Owned invention as described and claimed United States Patent Serial Number (USPSN), 17/934,216, Security System for Hardening a Digital System Against Malware and Method of Operation.
Department of Defense Wage Committee (DoDWC); Notice of Federal Advisory Committee Meetings
The DoD is publishing this notice to announce that the following Federal advisory committee meetings of the DoDWC will take place.
Notice of Intent To Prepare an Environmental Impact Statement and Conduct Scoping Meeting for the Pier Wind Terminal Development Project at the Port of Long Beach, City of Long Beach and County of Los Angeles, California (SPL-2023-00720)
The purpose of this notice is to initiate the scoping process for preparation of a joint Environmental Impact Statement (EIS)/ Environmental Impact Report (EIR) for the Port of Long Beach (Port) Pier Wind Terminal Development Project.
Information Collection; Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data
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 certified cost or pricing data and data other than certified cost or pricing data. 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 March 31, 2024. DoD, GSA, and NASA propose that OMB extend its approval for use for three additional years beyond the current expiration date.
Submission for OMB Review; Comment Request
The USSOCOM 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; 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 Health Agency (DHA) 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 USACE 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 Defense Advisory Committee on Women in the Services (DACOWITS) 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 Under Secretary of Defense for Personnel and Readiness announces a proposed data 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; Correction
On November 1, 2023, the DoD published a notice in the Federal Register. Subsequent to publication of the notice, the information in the FOR FURTHER INFORMATION CONTACT section changed. This correction provides the updated information.
Notice of Intent To Prepare an Environmental Impact Statement for the Sparrows Point Container Terminal, Patapsco River, Baltimore County, Maryland
The U.S. Army Corps of Engineers, Baltimore District (Corps), has received an application for a Department of the Army (DA) permit (Corps number NAB-2023-61200) for the Sparrows Point Container Terminal project from Tradepoint TiL Terminal, LLC, a joint venture between Tradepoint Atlantic and Terminal Investments Limited to construct a new container terminal in the Port of Baltimore. The Corps, as the lead agency under the National Environmental Policy Act (NEPA), has determined the proposed project may significantly affect the quality of the human environment and intends to prepare an environmental impact statement (EIS). The Corps action will be to issue, issue with modifications, or deny a DA permit for the proposed project. The EIS will assess the potential social, economic, and environmental impacts of the proposed project. The Corps is requesting public/agency comments regarding the scope of the EIS and issues that should be evaluated in the document.
Notice of Intent To Prepare an Environmental Impact Statement for Department of the Air Force F-15 Beddown and Infrastructure Upgrades at Andersen Air Force Base, Guam
On April 20, 2021, the Department of the Air Force (DAF), and the U.S. Navy acting as a cooperating agency, issued a Notice of Intent to prepare an Environmental Impact Statement (EIS) for Infrastructure Upgrades at Andersen Air Force Base (AFB), Guam. The DAF and U.S. Navy are now reissuing this Notice of Intent to prepare an EIS for the proposed F-15 Beddown and Infrastructure Upgrades at Andersen AFB, Guam. In addition to the originally proposed infrastructure upgrades, the EIS will assess the potential social, economic, and environmental impacts associated with supporting the beddown of 12 Republic of Singapore Air Force (RSAF) F-15 fighter aircraft and constructing proposed infrastructure upgrades at Andersen AFB. The beddown of 12 RSAF F-15 fighter aircraft is in addition to what was previously proposed.
Notice of Intent To Prepare an Environmental Impact Statement/Overseas Environmental Impact Statement for Hawaii-California Training and Testing Activities
Pursuant to the National Environmental Policy Act (NEPA) of 1969, and regulations implemented by the Council on Environmental Quality, the Department of the Navy (DoN)(including both the U.S. Navy and the U.S. Marine Corps) in cooperation with the U.S. Coast Guard, U.S. Army, and U.S. Air Force, announces its intent to prepare the Hawaii-California Training and Testing (HCTT) Environmental Impact Statement (EIS)/Overseas EIS (OEIS). The HCTT EIS/OEIS will include an analysis of range sustainment and modernization activities, training activities; and research, development, testing, and evaluation activities (hereafter referred to as ``testing'') that will be conducted in the HCTT Study Area. When discussed together, training and testing are also referred to as ``military readiness activities.'' The DoN is initiating a 45-day public scoping process to receive comments on the scope of the EIS/OEIS including identification of potential alternatives and environmental concerns, information and analyses relevant to the Proposed Action, issues the public would like to see addressed in the EIS/OEIS, and the project's potential to affect historic properties pursuant to section 106 of the National Historic Preservation Act (NHPA) of 1966.
National Industrial Security Program Operating Manual (NISPOM); Amendment
DoD is proposing amendments to the National Industrial Security Program Operating Manual (NISPOM) based on public comments received on a final rule published on December 21, 2020. The proposed amendments address implementation guidance and costs for the Security Executive Agent Directive (SEAD) 3, clarifications on procedures for the protection and reproduction of classified information, controlled unclassified information (CUI), National Interest Determination (NID) requirements for cleared contractors operating under a Special Security Agreement for Foreign Ownership, Control or Influence, and eligibility determinations for personnel security clearance processes and requirements.
Supplemental Standards of Ethical Conduct for Employees of the Department of Defense; Correction
The Department of Defense is correcting a final rule that appeared in the Federal Register on February 28, 2023. The Department of Defense, with the concurrence of the U.S. Office of Government Ethics (OGE), finalized amendments to its Supplemental Standards of Ethical Conduct for Employees of the Department of Defense (DoD Supplemental Regulation). The amendments revised and updated the DoD Supplemental Regulation originally written in 1993, to supplement the OGE Standards of Ethical Conduct for Employees of the Executive Branch (OGE Standards). Amendments included changes in the following areas: designation of separate agency components for the purposes of gifts and teaching, speaking, and writing; additional exceptions for gifts from outside sources; additional limitations on gifts between DoD employees; and authority to waive any of the provisions of the DoD Supplemental Regulation.
Manual for Courts-Martial; Publication of Supplementary Materials
The JSC hereby announces the publication of the supplementary materials accompanying the MCM. These supplemental materials have been approved by the JSC and the General Counsel of the DoD and shall be applied in conjunction with the rule with which they are associated. The supplemental materials are separated into 5 ``TABs'' (alternatively called ``ANNEXES''), TABs A through E.
Reserve Forces Policy Board; Notice of Federal Advisory Committee Meeting AGENCY: Under Secretary of Defense for Personnel and Readiness (USD(P&R)), Department of Defense (DoD).
The DoD is publishing this notice to announce that the following Federal advisory committee meeting of the Reserve Forces Policy Board (RFPB) will take place. DATES: The RFPB will hold a meeting on Wednesday, December 6, 2023, from 8:30 a.m. to 2:30 p.m. The first portion of the meeting, from 8:30 a.m. to 11:45 a.m., will be closed to the public. The second portion of the meeting, from 11:50 a.m. to 2:30 p.m., will be open to the public.
Danger Zone; Marine Corps Base Hawaii, Kaneohe Bay, Island of Oahu, Hawaii
The U.S. Army Corps of Engineers is proposing to amend the regulations for the existing danger zone at the U.S. Marine Corps Ulupau Crater Weapons Training Range in the vicinity of Kaneohe Bay, Hawaii. The U.S. Marine Corps requested a change to the hours that weapons firing may occur. These regulations are necessary to protect the public from potentially hazardous conditions which may exist as a result from use of the areas by the U.S. Marine Corps.
Proposed Collection; Comment Request
In compliance with the Paperwork Reduction Act of 1995, the Department of the Air Force (AF) 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.
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