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DOD/OS RIN: 0790-AK76 Publication ID: Fall 2020 
Title: Mission Compatibility Evaluation Process 

DOD is proposing to amend part 211 to discuss how DoD will handle certain types of applications for new energy projects it receives for review from the Federal Aviation Administration (FAA) and from other types of entities based on the NDAA for FY 2018 section. Changes include the addition of criteria for DoD review of the application for adverse impact, the provision of a notice of presumed risk to an applicant, and the provision of the notice of presumed risk to the chief executive officer of a state. It should be noted that while 10 U.S.C. 183a only requires providing a notice of presumed risk to the governors of the states, DoD has interpreted that to include the chief executive officers of the commonwealths, the District of Columbia, and the organized territories.

Agency: Department of Defense(DOD)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: Other 
CFR Citation: 32 CFR 211   
Legal Authority: 10 U.S.C. 183a    49 U.S.C. 44718   
Legal Deadline:  None
Action Date FR Cite
NPRM  02/00/2021 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Ronald E. Tickle
Executive Director Military Aviation & Installation Assurance SCH
Department of Defense
Office of the Secretary
4800 Mark Center Drive, Suite 16F18,
Alexandria, VA 22350
Phone:703 693-6707