[Federal Register Volume 87, Number 20 (Monday, January 31, 2022)]
[Proposed Rules]
[Pages 5214-5217]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27967]



[[Page 5213]]

Vol. 87

Monday,

No. 20

January 31, 2022

Part V





Department of Defense





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Semiannual Regulatory Agenda

  Federal Register / Vol. 87 , No. 20 / Monday, January 31, 2022 / UA: 
Reg Flex Agenda  

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DEPARTMENT OF DEFENSE

32 CFR Chs. I, V, VI, and VII

33 CFR Ch. II

36 CFR Ch. III

48 CFR Ch. II


Improving Government Regulations; Unified Agenda of Federal 
Regulatory and Deregulatory Actions

AGENCY: Department of Defense (DoD).

ACTION: Semiannual Regulatory Agenda.

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SUMMARY: 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 2021 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 or impact the Secretary of Defense's 
top priorities along with those of the National Defense Strategy to 
defend the Nation by taking care of our people, building a more lethal 
force, succeeding through teamwork, reforming business practices, and 
address the current worldwide pandemic. These include efforts to ensure 
TRICARE beneficiaries have access to the most up-to-date care required 
for the diagnosis and treatment of COVID-19. 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 July 30, 2021, and 
includes regulations expected to be issued and under review over the 
next 12 months. The next agenda will publish in the spring of 2022.
    The complete Unified Agenda will be available online at 
www.reginfo.gov.
    Because publication in the Federal Register is mandated for the 
regulatory flexibility agendas required by the Regulatory Flexibility 
Act (5 U.S.C. 602), the Department of Defense's printed agenda entries 
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.
    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.

FOR FURTHER INFORMATION CONTACT: For information concerning the overall 
DoD regulatory program and for general semiannual agenda information, 
contact Ms. Patricia Toppings, telephone 571-372-0485, or write to 
Office of the Assistant to the Secretary of Defense for Privacy, Civil 
Liberties, and Transparency, 1155 Defense Pentagon, Washington, DC 
20301-1155, or email: [email protected].
    For questions of a legal nature concerning the agenda and its 
statutory requirements or obligations, write to Office of the General 
Counsel, 1600 Defense Pentagon, Washington, DC 20301-1600, telephone 
703-693-9958, or email: [email protected].
    For general information on Office of the Secretary regulations, 
other than those which are procurement-related, contact Ms. Patricia 
Toppings, telephone 571-372-0485, or write to Office of the Assistant 
to the Secretary of Defense for Privacy, Civil Liberties, and 
Transparency, 1155 Defense Pentagon, Washington, DC 20301-1155, or 
email: [email protected].
    For general information on Office of the Secretary regulations 
which are procurement-related, contact Ms. Jennifer Johnson, telephone 
571-372-6100, or write to Office of the Under Secretary of Defense for 
Acquisition and Sustainment, Defense Pricing and Contracting, Defense 
Acquisition Regulations System, Room 3B941, 3060 Defense Pentagon, 
Washington, DC 20301-3060, or email: [email protected].
    For general information on Department of the Army regulations, 
contact Mr. James ``Jay'' Satterwhite, telephone 571-515-0304, or write 
to the U.S. Army Records Management and Declassification Agency, ATTN: 
AAHS-RDO, Building 1458, 9301 Chapek Road, Ft. Belvoir, VA 22060-5605, 
or email: [email protected].
    For general information on the U.S. Army Corps of Engineers 
regulations, contact Ms. Stacey Jensen, telephone 703-695-6791, or 
write to Office of the Assistant Secretary of the Army (Civil Works), 
108 Army Pentagon, Room 3E441, Washington, DC 20310-0108, or email: 
[email protected].
    For general information on Department of the Navy regulations, 
contact LCDR Jenny Pike, telephone 703-614-7408, or write to Department 
of the Navy, Office of the Judge Advocate General, Administrative Law 
Division (Code 13), Washington Navy Yard, 1322 Patterson Avenue SE, 
Suite 3000, Washington, DC 20374-5066, or email: 
jennifer.m.pike5.mil@us.navy.mil">jennifer.m.pike5.mil@us.navy.mil.
    For general information on Department of the Air Force regulations, 
contact Bao-Anh Trinh, telephone 703-614-8500, or write the Office of 
the Secretary of the Air Force, Chief, Information Dominance/Chief 
Information Officer (SAF CIO/A6), 1800 Air Force Pentagon, Washington, 
DC 20330-1800, or email: [email protected].
    For specific agenda items, contact the appropriate individual 
indicated for each regulatory action.

SUPPLEMENTARY INFORMATION: This edition of the Unified Agenda of 
Federal Regulatory and Deregulatory Actions reports on actions planned 
by the Office of the Secretary of Defense, the Military Departments, 
the Office of the Under Secretary of Defense for Acquisition and 
Sustainment for procurement-related actions, and the U.S. Army Corps of 
Engineers.
    This agenda also identifies rules impacted by the:

    a. Regulatory Flexibility Act.
    b. Paperwork Reduction Act of 1995.
    c. Unfunded Mandates Reform Act of 1995.

    Generally, rules discussed in this agenda will contain five 
sections: (1) Pre-rule stage; (2) proposed rule stage; (3) final rule 
stage; (4) completed actions; and (5) long-term actions. Where certain 
regulatory actions indicate that small entities are affected, the 
effect on these entities may not necessarily have significant economic 
impact on a substantial number of these entities as defined in the 
Regulatory Flexibility Act (5 U.S.C. 601(6)).
    The publishing of this agenda does not waive the applicability of 
the military affairs exemption in section 553 of title 5 U.S.C. and 
section 3 of Executive Order 12866.

    Dated: September 10, 2021.
Joo Y. Chung,
Assistant to the Secretary of Defense for Privacy, Civil Liberties, and 
Transparency, Department of Defense.

[[Page 5215]]



               Office of the Secretary--Long-Term Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
248.......................  Cybersecurity Maturity             0790-AL49
                             Model Certification
                             (CMMC) Framework.
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      Defense Acquisition Regulations Council--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
249.......................  Small Business Innovation          0750-AK84
                             Research Program Data
                             Rights (DFARS Case 2019-
                             D043) (Reg Plan Seq No.
                             19).
250.......................  Reauthorization and                0750-AK96
                             Improvement of Mentor-
                             Protege Program (DFARS
                             Case 2020-D009) (Reg Plan
                             Seq No. 20).
------------------------------------------------------------------------
References in boldface appear in The Regulatory Plan in part II of this
  issue of the Federal Register.


       Defense Acquisition Regulations Council--Long-Term Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
251.......................  Assessing Contractor               0750-AK81
                             Implementation of
                             Cybersecurity
                             Requirements (DFARS Case
                             2019-D041).
------------------------------------------------------------------------


  Office of Assistant Secretary for Health Affairs--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
252.......................  TRICARE: Chiropractic and          0720-AB77
                             Acupuncture Treatment
                             Under the TRICARE Program.
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   Office of Assistant Secretary for Health Affairs--Final Rule Stage
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                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
253.......................  TRICARE Reimbursement of           0720-AB73
                             Ambulatory Surgery
                             Centers and Outpatient
                             Services Provided in
                             Cancer and Children's
                             Hospitals.
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DEPARTMENT OF DEFENSE (DOD)

Office of the Secretary (OS)

Long-Term Actions

248.  Cybersecurity Maturity Model Certification (CMMC) 
Framework

    Legal Authority: 5 U.S.C. 301; Pub. L. 116-92, sec. 1648
    Abstract: This rule will establish cybersecurity requirements that 
must be met for Defense Industrial Base (DIB) contractors to obtain 
requisite Cybersecurity Maturity Model Certification status. DIB 
contractors may need CMMC certification to qualify for award of 
designated future DoD contracts. The impact of the CMMC requirements, 
in conjunction with DFARS clause 252.204-7021, Cybersecurity Maturity 
Model Certification Requirements, will be a higher level of assurance 
that Federal Contract Information (FCI) and Controlled Unclassified 
Information (CUI) will be protected at the level commensurate with the 
risk from cybersecurity threats, including Advanced Persistent Threats.
    DoD implemented a two-pronged approach to assess and verify the 
DIB's ability to protect FCI and CUI. This rule implements:
     The National Institute of Standards and Technology (NIST) 
Special Publication (SP) 800-171 DoD Assessment Methodology employed to 
assess contractor implementation of the cybersecurity requirements in 
NIST SP 800-171, Protecting Controlled Unclassified Information (CUI) 
in Nonfederal Systems and Organizations, required by DFARS 252.204-
7012. The verification of contractor implementation of NIST SP 800-171 
security requirements is addressed under DFARS provision 252.204-7019, 
Notice of NIST SP 800-171 DoD Assessment Requirements, and DFARS clause 
252.204-7020, NIST SP 800-171 DoD Assessment Requirements.
     The Cybersecurity Maturity Model Certification (CMMC) 
Framework. CMMC is a new DoD certification process to measure a DIB 
contractor's adherence to processes and implementation of cybersecurity 
practices to address and mitigate the threats posed by Advanced 
Persistent Threats--adversaries with sophisticated levels of expertise 
and significant resources.
    This rule is related to DFARS clause 252.204-7021, Cybersecurity 
Maturity Model Certification Requirements, which specifies the 
requirement for assessing that DIB contractors meet CMMC requirements. 
This rule will specify the CMMC requirements for which the DIB 
contractors will be assessed.
    Timetable:

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               Action                    Date            FR Cite
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Interim Final Rule..................   12/00/22
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    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Diane L. Knight, Senior Management and Program 
Analyst, Department of Defense, Office of the Secretary, 4800 Mark 
Center

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Drive, Suite 12E08, Alexandria, VA 22350, Phone: 202 770-9100, Email: 
[email protected].
    RIN: 0790-AL49

DEPARTMENT OF DEFENSE (DOD)

Defense Acquisition Regulations Council (DARC)

Proposed Rule Stage

249. Small Business Innovation Research Program Data Rights (DFARS Case 
2019-D043)

    Regulatory Plan: This entry is Seq. No. 19 in part II of this issue 
of the Federal Register.
    RIN: 0750-AK84

250. Reauthorization and Improvement of Mentor-Protege Program (DFARS 
Case 2020-D009)

    Regulatory Plan: This entry is Seq. No. 20 in part II of this issue 
of the Federal Register.
    RIN: 0750-AK96

DEPARTMENT OF DEFENSE (DOD)

Defense Acquisition Regulations Council (DARC)

Long-Term Actions

251. Assessing Contractor Implementation of Cybersecurity Requirements 
(DFARS Case 2019-D041)

    Legal Authority: 41 U.S.C 1303; Pub. L. 116-92, sec. 1648
    Abstract: DoD is finalizing an interim rule to implement the 
following methodology and framework in order to protect against the 
theft of intellectual property and sensitive information from the 
Defense Industrial Base (DIB) sector:
     The National Institute of Standards and Technology (NIST) 
Special Publication (SP) 800-171 DoD Assessment Methodology. A standard 
methodology to assess contractor implementation of the cybersecurity 
requirements in NIST SP 800-171, Protecting Controlled Unclassified 
Information (CUI) In Nonfederal Systems and Organizations.
     The Cybersecurity Maturity Model Certification (CMMC) 
Framework. A DoD certification process that measures a company's 
institutionalization of processes and implementation of cybersecurity 
practices. See RIN 0790-AL49 for information on a rule amending title 
32 of the Code of Federal Regulations with regard to CMMC, which will 
inform the DFARS final rule.
    This rule provides the Department with: (1) The ability to assess 
at a corporate level a contractor's implementation of NIST SP 800-171 
security requirements, as required by DFARS clause 252.204-7012, 
Safeguarding Covered Defense Information and Cyber Incident Reporting; 
and (2) assurances that a DIB contractor can adequately protect 
sensitive unclassified information at a level commensurate with the 
risk, accounting for information flow down to its subcontractors in a 
multi-tier supply chain.
    Timetable:

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               Action                    Date            FR Cite
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Interim Final Rule..................   09/29/20  85 FR 48513
Interim Final Rule Effective........   11/30/20
Final Action........................   12/00/22
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    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Jennifer Johnson, Phone: 571 372-6100, Email: 
[email protected].
    RIN: 0750-AK81

DEPARTMENT OF DEFENSE (DOD)

Office of Assistant Secretary for Health Affairs (DODOASHA)

Proposed Rule Stage

252. TRICARE: Chiropractic and Acupuncture Treatment Under the TRICARE 
Program

    Legal Authority: 5 U.S.C. 301; 10 U.S.C. ch. 55
    Abstract: Under the current regulations, TRICARE excludes 
chiropractors as TRICARE-authorized providers whether or not their 
services would be eligible as medically necessary care if furnished by 
any other authorized provider. In addition, the current regulation 
excludes acupuncture treatment whether used as a therapeutic agent or 
as an anesthetic. This proposed rule seeks to eliminate these 
exclusions and to add benefit coverage of chiropractic and acupuncture 
treatment when deemed medically necessary for specific conditions. This 
rule proposes to add licensed Doctors of Chiropractic (DCs) and 
Licensed Acupuncturists (LACs) who meet established qualifications as 
TRICARE-authorized providers and will establish reimbursement rates and 
cost-sharing provisions for covered chiropractic and acupuncture 
treatment.
    Timetable:

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               Action                    Date            FR Cite
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NPRM................................   12/00/21
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    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Joy Mullane, Department of Defense, Office of 
Assistant Secretary for Health Affairs, 16401 E Centretech Parkway, 
Aurora, CO 80011-9066, Phone: 303 676-3457, Fax: 303 676-3579, Email: 
[email protected].
    RIN: 0720-AB77

DEPARTMENT OF DEFENSE (DOD)

Office of Assistant Secretary for Health Affairs (DODOASHA)

Final Rule Stage

253. TRICARE Reimbursement of Ambulatory Surgery Centers and Outpatient 
Services Provided in Cancer and Children's Hospitals

    Legal Authority: 5 U.S.C. 301; 10 U.S.C. ch. 55
    Abstract: The Department of Defense, Defense Health Agency, is 
revising its regulation on the reimbursement of ambulatory surgery 
centers (ASC) and outpatient services provided in Cancer and Children's 
Hospitals (CCHs). Revisions are in accordance with the statutory 
provision at title 10 of the U.S.C., section 1079(i)(2) that requires 
TRICARE's payment methods for institutional care be determined, to the 
extent practicable, in accordance with the same reimbursement rules as 
apply to payments to providers of services of the same type under 
Medicare. In accordance with this requirement, TRICARE will: (1) Adopt 
Medicare's payment methodology for Ambulatory Surgery Centers (ASC) and 
(2) adopt Medicare's payment methodology for outpatient services 
provided in Cancer and Children's Hospitals (CCHs). Although Medicare's 
reimbursement methods for ASC and CCHs are different, it is prudent to 
adopt both the Medicare ASC system and to adopt the Outpatient 
Prospective Payment System (OPPS) with hold-harmless adjustments 
(meaning the provider is not reimbursed less than their costs) for CCHs 
simultaneously to align with our statutory requirement to reimburse 
like Medicare at the same time. This rule makes the modifications 
necessary to implement TRICARE reimbursement methodologies similar to 
those applicable to Medicare beneficiaries for outpatient services 
rendered in ASCs and CCHs.

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    Timetable:

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               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   11/29/19  84 FR 65718
NPRM Comment Period End.............   01/28/20
Final Action........................   03/00/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Elan Green, Department of Defense, Office of 
Assistant Secretary for Health Affairs, 16401 East Centretech Parkway, 
Aurora, CO 80011, Phone: 303 676-3907, Email: 
[email protected].
    RIN: 0720-AB73

[FR Doc. 2021-27967 Filed 1-28-22; 8:45 am]
BILLING CODE 5001-06-P