Department of Defense February 2023 – Federal Register Recent Federal Regulation Documents

The DoD, with the concurrence of the U.S. Office of Government Ethics (OGE), is finalizing amendments to its Supplemental Standards of Ethical Conduct for Employees of the Department of Defense (DoD Supplemental Regulation). The amendments revise and update 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 include 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.

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 examination of records by Comptroller General and contract audit.

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.

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 reporting purchases from sources outside the United States.

In compliance with the Paperwork Reduction Act of 1995, the Defense Finance and Accounting Services (DFAS), 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.

The U.S. Army Corps of Engineers (USACE), Wilmington District, Wilmington Regulatory Field Office has received a request for Department of the Army (DA) authorization, pursuant to Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbor Act, from the Town of North Topsail Beach to construct a terminal groin and its associated oceanfront fillet placement along approximately 2,000 linear feet of oceanfront shoreline. Additionally, the installation of the terminal groin will be conjunction with the existing May 27, 2011, DA authorization that permitted the Town to relocate the New River Inlet ebb tide channel, conduct maintenance events within the channel, and perform a phased beach nourishment along approximately 11 miles of oceanfront shoreline. The DA authorization for the maintenance operation expires on December 31, 2041. The main purpose of adding the terminal groin is to provide additional shoreline protection of the Town's infrastructure, specifically along the northeastern end of island.

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 license with a joint ownership agreement to Traverse Operations Solutions, an LLC duly organized, validly existing, and in good standing in the State of North Carolina having a place of business at 132 Dragoon Court, Raeford, NC 28376.

The Department of Defense (DoD or Department) is giving concurrent notice of a new Department-wide system of records titled ``Privacy and Civil Liberties Complaints and Correspondence Records,'' DoD-0017, and this rulemaking, which is exempting 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 significant adverse comments. If such comments are received, this direct final rule will be cancelled and a proposed rule for comments will be published.

This agenda announces the regulatory actions the Department of Defense (DoD) plans to take in the next 12 months and those regulatory actions completed since the publication of the spring 2022 Unified Agenda. It was developed under the guidelines of Executive Order 12866, ``Regulatory Planning and Review,'' and Executive Order 13563, ``Improving Regulation and Regulatory Review.'' This agenda includes regulatory actions that support the Administration's regulatory priorities, the Secretary of Defense's top priorities to defend the Nation, take care of our people, and succeed through teamwork, as well as those priorities of the National Defense Strategy. These actions include efforts to promote the country's economic resilience, including addressing COVID-related and other healthcare issues; support underserved communities and improve small business opportunities; promote competition in the American economy; promote diversity, equity, inclusion, and accessibility in the Federal workforce; support national security efforts, especially safeguarding Federal Government information and information technology systems; support the climate change emergency; and address military family matters. Members of the public may submit comments on individual proposed and interim final rulemakings at www.regulations.gov during the comment period that follows publication in the Federal Register. This agenda updates the report published on August 8, 2022, and includes regulations expected to be issued and under review over the next 12 months. The next agenda will publish in the spring of 2023. The complete Unified Agenda will be available online at www.reginfo.gov. In accordance with the Regulatory Flexibility Act (5 U.S.C. 602), which requires agencies to publish its regulatory flexibility agendas in the Federal Register, the Department of Defense's printed agenda entries in the Federal Register 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. Although 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.

In accordance with the National Environmental Policy Act of 1969 (NEPA), as amended, and pursuant to the Hawaii Revised Statutes (HRS) Chapter 343 (Hawaii Environmental Policy Act (HEPA)), the Pittsburgh District, U.S. Army Corps of Engineers (Corps) is preparing a draft General Reevaluation Report/Supplemental Environmental Impact Statement (GRR/SEIS) to evaluate the opportunities to reduce the risk to life, safety and economic damages from flooding throughout the Ala Wai Watershed in Oahu, Hawaii. The Ala Wai Canal Flood Risk Management Study was authorized under Section 209 of the Flood Control Act of 1962. The study was completed in 2017 and resulted in a recommendation that was subsequently authorized for construction under Section 1401 of the Water Resources Development Act of 2018 (Authorized Project). The purpose of the GRR/SEIS is to reevaluate the Authorized Project and either confirm the Authorized Project or make a new recommendation that will include modifications to the Authorized Project. The non-Federal sponsor for this study is the City and County of Honolulu.

In compliance with the Paperwork Reduction Act of 1995, the U.S. Army Corps of Engineers 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.

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.

The DoD is publishing this notice to announce that the following Federal Advisory Committee meeting of the National Security Education Board will take place.

The DoD is publishing this notice to announce that the following Federal Advisory Committee meeting of the DACOWITS will take place.

The DoD is publishing this notice to announce that the following Federal Advisory Committee meeting of the Defense Science Board (DSB) will take place.

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) 2023-02, which amends the Federal Acquisition Regulation (FAR). Interested parties may obtain further information regarding these rules by referring to FAC 2023-02, which precedes this document.

DoD, GSA, and NASA are issuing a final rule amending the Federal Acquisition Regulation (FAR) to implement several changes made to the Small Business Administration (SBA) regulations.

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) 2023-02. A companion document, the Small Entity Compliance Guide (SECG), follows this FAC.

The DoD is publishing the unclassified text of an arms sales notification.

The National Security Agency hereby gives notice of its intent to grant Ad Astra Integrity Measurement Systems, Inc. a revocable, non- assignable, exclusive, license to practice the following Government- Owned invention as described and claimed in United States Patent Number (USPN), 8,326,579, Method and system for program execution integrity measurement; and USPN, 7,904,278, Method and system for program execution integrity measurement.

DoD published a proposed rule on December 19, 2022, seeking public input on a proposed revision to the Defense Federal Acquisition Regulation Supplement (DFARS) to implement the intellectual property (e.g., data rights) portions of the Small Business Administration's Small Business Innovation Research Program and Small Business Technology Transfer Program Policy Directive. The deadline for submitting comments is being extended to provide additional time for interested parties to provide inputs. In addition, DoD is hosting a second public meeting to further obtain views of experts and interested parties in Government and the private sector regarding this proposed revision of the DFARS.

The DoD is publishing the unclassified text of an arms sales notification.

The DoD is publishing this notice to announce that it is amending the charter for the Education for Seapower Advisory Board (E4SAB).

In compliance with the Paperwork Reduction Act of 1995, the Department of the Navy 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.