Department of Defense November 17, 2023 – Federal Register Recent Federal Regulation Documents

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 announces its intent to prepare a supplement to the 2018 Atlantic Fleet Training and Testing (AFTT) Environmental Impact Statement (EIS)/Overseas Environmental Impact Statement (OEIS). New information includes an updated acoustic effects analysis, updated marine mammal density data, and evolving and emergent best available science. Proposed activities and study area are consistent with those analyzed in the 2018 AFTT EIS/OEIS.

DoD is seeking information that will assist in the development of a 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. In addition to the request for written comments on this proposed rule, DoD will hold a public meeting to hear the views of interested parties.

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 DoD'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 Office of Management and Budget (OMB) has approved this information collection for use under Control Number 0704-0525 through March 31, 2024. DoD proposes that OMB approve an extension of the information collection requirement, to expire three years after the approval date.

DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to implement two sections of the National Defense Authorization Act for Fiscal Year 2021, one section of the National Defense Authorization Act for Fiscal Year 2022, one section of the National Defense Authorization Act for Fiscal Year 2023, and one section of the Consolidated Appropriations Act, 2023. These statutes remove limitations and restrictions on certain components that are no longer required, add new limitations on other components, subject to exceptions.

DoD is withdrawing the proposed rule to amend the Defense Federal Acquisition Regulation Supplement (DFARS) for the case titled: Export-Controlled Items (DFARS Case 2018-D053). The decision not to proceed with a final rule has been made because of a change in the associated policy requirements for certain contractors to provide export authorizations. Accordingly, this proposed rule is withdrawn, and the DFARS case is closed.