[Federal Register Volume 88, Number 143 (Thursday, July 27, 2023)]
[Proposed Rules]
[Pages 48536-48538]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14541]



[[Page 48535]]

Vol. 88

Thursday,

No. 143

July 27, 2023

Part V





Department of Defense





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Semiannual Regulatory Agenda

  Federal Register / Vol. 88 , No. 143 / Thursday, July 27, 2023 / UA: 
Reg Flex Agenda  

[[Page 48536]]


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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 fall 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; 
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; 
tackle the climate crisis; 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 February 22, 2023, and 
includes regulations expected to be issued and under review over the 
next 12 months. The next agenda will publish in the fall 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.

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, Regulatory Directorate, 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 
703-695-1853, 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, Regulatory Directorate, 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 703-459-6026, 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 Abigail Holt, telephone 703-614-6005, 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: 
abigail.r.holt2.mil@us.navy.mil">abigail.r.holt2.mil@us.navy.mil.
    For general information on Department of the Air Force regulations, 
contact Mr. Robert Bivins, telephone 703-693-7302, 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: May 4, 2023.
Joo Y. Chung,
Assistant to the Secretary of Defense for Privacy, Civil Liberties, and 
Transparency, Department of Defense.

[[Page 48537]]



              Office of the Secretary--Proposed Rule Stage
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                                                           Regulation
       Sequence No.                    Title             Identifier No.
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54........................  Cybersecurity Maturity             0790-AL49
                             Model Certification
                             (CMMC) Program.
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      Defense Acquisition Regulations Council--Proposed Rule Stage
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                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
55........................  Assessing Contractor               0750-AK81
                             Implementation of
                             Cybersecurity
                             Requirements (DFARS Case
                             2019-D041).
------------------------------------------------------------------------


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

Office of the Secretary (OS)

Proposed Rule Stage

54. Cybersecurity Maturity Model Certification (CMMC) Program [0790-
AL49]

    Legal Authority: 5 U.S.C. 301; Pub. L. 116-92, sec. 1648
    Abstract: DOD is proposing to implement the Cybersecurity Maturity 
Model Certification (CMMC) Framework, to help assess a Defense 
Industrial Base (DIB) contractor's compliance with and implementation 
of cybersecurity requirements to safeguard Federal Contract Information 
(FCI) and Controlled Unclassified Information (CUI) transiting non-
federal systems and mitigate the threats posed by Advanced Persistent 
Threats--adversaries with sophisticated levels of expertise and 
significant resources.
    Timetable:

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               Action                    Date            FR Cite
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NPRM................................   09/00/23
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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 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

55. Assessing Contractor Implementation of Cybersecurity Requirements 
(DFARS Case 2019-D041) [0750-AK81]

    Legal Authority: 41 U.S.C. 1303; Pub. L. 116-92, sec. 1648
    Abstract: DoD is amending an interim rule to implement the CMMC 
framework 2.0 in order to protect against the theft of intellectual 
property and sensitive information from the Defense Industrial Base 
(DIB) sector. The CMMC framework is a DoD certification process that 
measures a company's institutionalization of processes and 
implementation of cybersecurity practices. This rule provides the 
Department with 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
NPRM................................   09/00/23
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    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Jennifer D. Johnson, Office of the Under Secretary 
of Defense for Acquisition and Sustainment, Department of Defense, 
Defense Acquisition Regulations Council, Defense Pricing and 
Contracting, Defense Acquisition Regulations System, Room 3B938, 3060 
Pentagon, Washington, DC 20301-3060, Phone: 703 717-8226, Email: 
[email protected].
    RIN: 0750-AK81

DEPARTMENT OF DEFENSE (DOD)

Office of Assistant Secretary for Health Affairs (DODOASHA)

Final Rule Stage

56. TRICARE Reimbursement of Ambulatory Surgery Centers and Outpatient 
Services Provided in Cancer and Children's Hospitals [0720-AB73]

    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

[[Page 48538]]

outpatient services provided in Cancer and Children's Hospitals (CCHs). 
Revisions are in accordance with the statutory provision at section 
1079(i)(2) of title 10 of the United States Code, 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 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.
    Timetable:

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               Action                    Date            FR Cite
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NPRM................................   11/29/19  84 FR 65718
NPRM Comment Period End.............   01/28/20
Final Action........................   04/04/23  88 FR 19844
Final Action; Correction............   04/27/23  88 FR 25492
Final Action Effective..............   10/01/23
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    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Jahanbakhsh Badshan, Department of Defense, Office 
of Assistant Secretary for Health Affairs, 16401 East Centretech 
Parkway, Aurora, CO 80011, Phone: 303 676-3881, Email: 
[email protected].
    RIN: 0720-AB73

DEPARTMENT OF DEFENSE (DOD)

Office of Assistant Secretary for Health Affairs (DODOASHA)

Completed Actions

57. TRICARE: Chiropractic and Acupuncture Treatment Under the TRICARE 
Program [0720-AB77]

    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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Withdrawn...........................   04/25/23
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    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Erica Ferron, Defense Health Agency, Medical 
Benefits and Reimbursement Division, Department of Defense, Office of 
Assistant Secretary for Health Affairs, 16401 E Centretech Parkway, 
Aurora, CO 80011-9066, Phone: 303 676-3626, Email: 
[email protected].
    RIN: 0720-AB77

[FR Doc. 2023-14541 Filed 7-26-23; 8:45 am]
BILLING CODE 5001-06-P