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DOD/OS RIN: 0790-AK76 Publication ID: Spring 2022 
Title: Mission Compatibility Evaluation Process 

The Department of Defense (DoD) is proposing to amend 32 CFR 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 
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  05/00/2023 
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:
Steven Sample
Deputy Director, Office of the Under Secretary of Defense for Acquisition and Sustainment
Department of Defense
Office of the Secretary
3400 Defense Pentagon, Room 16-F-18,
Washington, DC 20301-3400
Phone:703 517-4504