[The Regulatory Plan and Unified Agenda of Federal Regulatory and Deregulatory Actions]
[Department of Defense Semiannual Regulatory Agenda]
[From the U.S. Government Printing Office, www.gpo.gov]


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Part V





Department of Defense





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Semiannual Regulatory Agenda

[[Page 70038]]



DEPARTMENT OF DEFENSE (DOD)






_______________________________________________________________________

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.

_______________________________________________________________________

SUMMARY: The Department of Defense (DoD) is publishing this semiannual 
agenda of regulatory documents, including those that are procurement-
related, for public information and comments under Executive Order 
12866 ``Regulatory Planning and Review.'' This agenda incorporates the 
objective and criteria, when applicable, of the regulatory reform 
program under the Executive order and other regulatory guidance. It 
contains DoD issuances initiated by DoD components that may have 
economic and environmental impact on State, local, or tribal interests 
under the criteria of Executive Order 12866. Although most DoD 
issuances listed in the agenda are of negligible public impact, their 
nature may be of public interest and, therefore, are published to 
provide notice of rulemaking and an opportunity for public 
participation in the internal DoD rulemaking process.

     This edition of the Unified Agenda of Federal Regulatory and 
Deregulatory Actions includes The Regulatory Plan, which appears in 
both the online Unified Agenda and in part II of the Federal 
Register that includes the Unified Agenda. The Department of 
Defense's Statement of Regulatory Priorities is included in the 
Plan.

     This agenda updates the report published on April 30, 2007, 
and includes regulations expected to be issued and under review 
over the next 12 months. The next agenda is scheduled to be 
published in the spring of 2008, with the next regulatory plan 
scheduled to be published in the fall of 2008. In addition to this 
agenda, DoD components also publish rulemaking notices pertaining 
to their specific statutory administration requirements as 
required.

     Beginning with the fall 2007 edition, the Internet will be the 
basic means for disseminating the Unified Agenda. The complete 
Unified Agenda will be available online at www.reginfo.gov in a 
format that offers users the ability to obtain information from the 
Agenda database.

     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. In addition, for fall editions of 
the Agenda, the entire Regulatory Plan will continue to be printed 
in the Federal Register, as in past years, including the Department 
of Defense's regulatory plan.

FOR FURTHER INFORMATION CONTACT: For information concerning the overall 
DoD regulatory improvement program and for general semiannual agenda 
information, contact Mr. Robert Cushing, telephone 703-696-5282, or 
write to Executive Services Directorate, Washington Headquarters 
Services, 1155 Defense Pentagon, Washington, DC 20301-1155, or e-mail: 
[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, 
or call 703-697-2714.

     For general information on Office of the Secretary 
regulations, other than those which are procurement-related, 
contact Mr. Edward Burbol, telephone 703-696-2503, or write to 
Directives Division, Executive Services Directorate, Washington 
Headquarters Services, 1155 Defense Pentagon, Washington, DC 20301-
1155, or e-mail: [email protected].

     For general information on Office of the Secretary agenda 
items, which are procurement-related, contact Ms. Michele Peterson, 
telephone 703-602-0311, or write to Defense Acquisition Regulations 
Directorate, 3062 Defense Pentagon, Washington, DC 20301-3062, or 
e-mail: [email protected].

     For general information on Department of the Army regulations, 
contact Ms. Brenda Bowen, telephone 703-428-6422, or write to the 
U.S. Army Records Management and Declassification Agency, ATTN: 
AHRC-PDD-RP, Casey Building, Room 102, 7701 Telegraph Road, 
Alexandria, VA 22315-3860, or e-mail: 
[email protected].

     For general information on the U.S. Army Corps of Engineers 
regulations, contact Mr. Chip Smith, telephone 703-693-3644, or 
write to Office of the Deputy Assistant Secretary of the Army 
(Policy and Legislation), 108 Army Pentagon, Room 2E569, 
Washington, DC 20310-0108, or e-mail: [email protected].

     For general information on Department of the Navy regulations, 
contact LT Tanya Cruz, telephone 703-604-8216, 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 e-
mail: [email protected].

     For general information on Department of the Air Force 
regulations, contact LTC John Richard, telephone 703-696-6279, or 
write to Department of the Air Force, SAF/XCPPA, 1401 N. Wilson 
Boulevard, Suite 600, Arlington, VA 22209-2133, or e-mail: 
[email protected].

     For specific agenda items, contact the appropriate individual 
indicated in each DoD component report.

SUPPLEMENTARY INFORMATION: This edition of the Unified Agenda of 
Federal Regulatory and Deregulatory Actions is composed of the 
regulatory status reports, including procurement-related regulatory 
status reports, from the Office of the Secretary of Defense (OSD) and 
the Departments of the Army, Navy, and Air Force. Included also is the 
regulatory status report from the U.S. Army Corps of Engineers, whose 
civil

[[Page 70039]]

works functions fall under the reporting requirements of Executive 
Order 12866 and involve water resource projects and regulation of 
activities in waters of the United States.

     DoD issuances range from DoD directives (reflecting 
departmental policy) to implementing instructions and regulations 
(largely internal and used to implement directives). The OSD agenda 
section contains the primary directives under which DoD components 
promulgate their implementing regulations.

     In addition, this agenda, although published under the 
reporting requirements of Executive Order 12866, continues to be 
the DoD single-source reporting vehicle, which identifies issuances 
that are currently applicable under the various regulatory reform 
programs in progress. Therefore, DoD components will identify those 
rules which come under the criteria of the:

    a. Regulatory Flexibility Act;

    b. Paperwork Reduction Act of 1995;

    c. Unfunded Mandates Reform Act of 1995.

     Those DoD issuances, which are directly applicable under these 
statutes, will be identified in the agenda and their action status 
indicated. Generally, the regulatory status reports in this agenda 
will contain five sections: (1) Prerule 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)).

     Although not a regulatory agency, DoD will continue to 
participate in regulatory initiatives designed to reduce economic 
costs and unnecessary burdens upon the public. Comments and 
recommendations are invited on the rules reported and should be 
addressed to the DoD component representatives identified in the 
regulatory status reports. Although sensitive to the needs of the 
public, as well as regulatory reform, DoD reserves the right to 
exercise the exemptions and flexibility permitted in its rulemaking 
process in order to proceed with its overall defense-oriented 
mission. 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: August 24, 2007.

 Michael L. Rhodes,

Deputy Director, Administration and Management.

                       Office of Assistant Secretary for Health Affairs--Completed Actions
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                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
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308         TRICARE Outpatient Prospective Payment System (OPPS)..................................    0720-AB03
309         TRICARE; Outpatient Hospital Prospective Payment System (OPPS)........................    0720-AB16
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Department of Defense (DOD)                           Completed Actions


Office of Assistant Secretary for Health Affairs (DODOASHA)



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308. TRICARE OUTPATIENT PROSPECTIVE PAYMENT SYSTEM (OPPS)

Legal Authority: 10 USC ch 55; 5 USC 301; 10 USC 1079(j)(2)

Abstract: The interim final rule implements a prospective payment 
system for hospital outpatient services similar to that furnished to 
Medicare beneficiaries, as set forth in section 1833(t) of the Social 
Security Act. The rule also recognizes applicable statutory 
requirements and changes arising from Medicare's continuing experience 
with its system, including certain related provisions of the Medicare 
Prescription Drug, Improvement, and Modernization Act of 2003. While 
TRICARE intends to remain as true as possible to Medicare's basic OPPS 
methodology (i.e., adoption and updating of the Medicare data elements 
used in calculating the prospective payment amounts), there will be 
some significant deviations required to accommodate the uniqueness of 
the TRICARE program. These deviations have been designed to accommodate 
existing TRICARE benefit structure and claims processing procedures 
implemented under the TRICARE Next Generation Contracts (T-NEX) while 
at the same time eliminating any undue financial burden to TRICARE 
Prime, Extra and Standard beneficiary populations.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Withdrawn                       08/20/07

Regulatory Flexibility Analysis Required: Yes

Agency Contact: David E. Bennett, Department of Defense, Office of 
Assistant Secretary for Health Affairs, 1200 Defense Pentagon, 
Washington, DC 20301
Phone: 303 676-3494
Email: [email protected]

RIN: 0720-AB03
_______________________________________________________________________




309.  TRICARE; OUTPATIENT HOSPITAL PROSPECTIVE PAYMENT 
SYSTEM (OPPS)

Legal Authority: 5 USC 301; 10 USC ch 55

Abstract: This proposed rule implements a prospective payment system 
for hospital outpatient services similar to that furnished to Medicare 
beneficiaries, as set forth in section 1833(t) of the Social Security 
Act. It recognizes applicable statutory requirements and changes 
arising from Medicare's continuing experience with this system 
including certain related provisions of the Medicare Prescription Drug, 
Improvement, and Modernization Act of 2003.

[[Page 70040]]

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule              08/14/07                    72 FR 45359
Interim Final Rule Effective    09/13/07
Interim Final Rule Comment 
Period End                      10/15/07
Withdrawn                       08/17/07                    72 FR 46144

Regulatory Flexibility Analysis Required: Yes

Agency Contact: David E. Bennett, Department of Defense, Office of 
Assistant Secretary for Health Affairs, 1200 Defense Pentagon, 
Washington, DC 20301
Phone: 303 676-3494
Email: [email protected]

RIN: 0720-AB16
[FR Doc. 07-04524 Filed 12-07-07; 8:45 am]
BILLING CODE 5001-06-S