Improving Government Regulations; Unified Agenda of Federal Regulatory and Deregulatory Actions, 48266-48269 [2022-15154]
Download as PDF
<![CDATA[
48266
Federal Register / Vol. 87, No. 151 / Monday, August 8, 2022 / UA: Reg Flex Agenda
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
Department of Defense (DoD).
Semiannual regulatory agenda.
AGENCY:
ACTION:
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 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, take care of our people, succeed
through teamwork, and address the
current worldwide pandemic. These
actions 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 January 31, 2022, and
includes regulations expected to be
issued and under review over the next
12 months. The next agenda will
publish in the fall of 2022.
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
khammond on DSKJM1Z7X2PROD with PROPOSALS4
SUMMARY:
VerDate Sep<11>2014
21:47 Aug 05, 2022
Jkt 256001
(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: patricia.l.
toppings.civ@mail.mil.
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: gerald.j.dziecichowicz.civ@
mail.mil.
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:
patricia.l.toppings.civ@mail.mil.
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: jennifer.d.
johnson1.civ@mail.mil.
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:
james.w.satterwhite.civ@mail.mil.
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
PO 00000
Frm 00002
Fmt 4701
Sfmt 4702
Assistant Secretary of the Army (Civil
Works), 108 Army Pentagon, Room
3E441, Washington, DC 20310–0108, or
email: stacey.m.jensen.civ@mail.mil.
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.
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: usaf.pentagon.
saf-cio-a6.mbx.af-foia@mail.mil.
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: April 1, 2022.
Joo Y. Chung,
Assistant to the Secretary of Defense for
Privacy, Civil Liberties, and Transparency,
Department of Defense.
E:\FR\FM\08AUP5.SGM
08AUP5
48267
Federal Register / Vol. 87, No. 151 / Monday, August 8, 2022 / UA: Reg Flex Agenda
OFFICE OF THE SECRETARY—FINAL RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
66 ......................
Cybersecurity Maturity Model Certification (CMMC) Framework ....................................................................
0790–AL49
DEFENSE ACQUISITION REGULATIONS COUNCIL—PROPOSED RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
67 ......................
Small Business Innovation Research Program Data Rights (DFARS Case 2019–D043) ..............................
0750–AK84
DEFENSE ACQUISITION REGULATIONS COUNCIL—FINAL RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
68 ......................
69 ......................
Assessing Contractor Implementation of Cybersecurity Requirements (DFARS Case 2019–D041) .............
Reauthorization and Improvement of Mentor-Protege Program (DFARS Case 2020–D009) ........................
0750–AK81
0750–AK96
OFFICE OF ASSISTANT SECRETARY FOR HEALTH AFFAIRS—PROPOSED RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
70 ......................
TRICARE: Chiropractic and Acupuncture Treatment Under the TRICARE Program .....................................
0720–AB77
OFFICE OF ASSISTANT SECRETARY FOR HEALTH AFFAIRS—FINAL RULE STAGE
Title
71 ......................
TRICARE Reimbursement of Ambulatory Surgery Centers and Outpatient Services Provided in Cancer
and Children’s Hospitals.
DEPARTMENT OF DEFENSE (DOD)
Office of the Secretary (OS)
Final Rule Stage
khammond on DSKJM1Z7X2PROD with PROPOSALS4
Regulation
Identifier No.
Sequence No.
66. Cybersecurity Maturity Model
Certification (CMMC) Framework
[0790–AL49]
Legal Authority: 5 U.S.C. 301; Pub. L.
116–92, sec. 1648
Abstract: 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,
version 2.0. CMMC 2.0 is a newly
VerDate Sep<11>2014
21:47 Aug 05, 2022
Jkt 256001
approved DoD certification process to
help assess a DIB contractor’s
compliance with and implementation of
cybersecurity requirements to safeguard
FCI and CUI transiting non-federal
systems 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 CMMC requirement
at the level specified for a contract and
for the duration of the contract with the
DIB contractor. This rule will specify
the CMMC requirements, at CMMC
Level 1, 2, or 3, with which DIB
contractors must comply in advance of
a contract award, as well as the process
for obtaining and maintaining CMMC
certification, as required for a
designated DoD contract.
Timetable:
Action
Date
Interim Final Rule
FR Cite
03/00/23
Regulatory Flexibility Analysis
Required: Yes.
PO 00000
Frm 00003
Fmt 4701
Sfmt 4702
0720–AB73
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:
diane.l.knight10.civ@mail.mil.
RIN: 0790–AL49
DEPARTMENT OF DEFENSE (DOD)
Defense Acquisition Regulations
Council (DARC)
Proposed Rule Stage
67. Small Business Innovation Research
Program Data Rights (DFARS Case
2019–D043) [0750–AK84]
Legal Authority: 41 U.S.C. 1303
Abstract: DoD is proposing to amend
the Defense Federal Acquisition
Regulation Supplement (DFARS) to
implement changes related to data rights
in the Small Business Administration’s
Policy Directive for the Small Business
Innovation Research (SBIR) Program,
published in the Federal Register on
April 2, 2019 (84 FR 12794). The final
SBA Policy Directive includes several
E:\FR\FM\08AUP5.SGM
08AUP5
48268
Federal Register / Vol. 87, No. 151 / Monday, August 8, 2022 / UA: Reg Flex Agenda
assessment requirements has been
separated into RIN 0750–AL68.
Timetable:
revisions to clarify data rights, which
require corresponding revisions to the
DFARS.
Timetable:
Action
Action
Date
ANPRM ...............
Correction ............
ANPRM Comment
Period End.
Comment Period
Extended.
ANPRM Comment
Period End.
NPRM ..................
FR Cite
08/31/20
09/21/20
10/30/20
85 FR 53758
85 FR 59258
12/04/20
85 FR 78300
01/31/21
07/00/22
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Jennifer Johnson,
Defense Acquisition Regulations
System, Department of Defense, Defense
Acquisition Regulations Council, 3060
Defense Pentagon, Room 3B941,
Washington, DC 20301–3060, Phone:
571 372–6100, Email:
jennifer.d.johnson1.civ@mail.mil.
RIN: 0750–AK84
DEPARTMENT OF DEFENSE (DOD)
Defense Acquisition Regulations
Council (DARC)
Final Rule Stage
khammond on DSKJM1Z7X2PROD with PROPOSALS4
68. 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: This rule is pending
codification in title 32 CFR of the
Cybersecurity Maturity Model
Certification (CMMC) program. DoD is
finalizing an interim rule to implement
the CMMC framework 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. 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
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. The part of this rule that
addressed the NIST SP 800–171
VerDate Sep<11>2014
21:47 Aug 05, 2022
Jkt 256001
Date
Interim Final Rule
Interim Final Rule
Effective.
Final Action .........
09/29/20
11/30/20
FR Cite
85 FR 48513
03/00/23
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Jennifer Johnson,
Defense Acquisition Regulations
System, Department of Defense, Defense
Acquisition Regulations Council, 3060
Defense Pentagon, Room 3B941,
Washington, DC 20301–3060, Phone:
571 372–6100, Email:
jennifer.d.johnson1.civ@mail.mil.
RIN: 0750–AK81
69. Reauthorization and Improvement
of Mentor-Protege Program (DFARS
Case 2020–D009) [0750–AK96]
Legal Authority: 41 U.S.C. 1303; Pub.
L. 116–92, sec. 872
Abstract: DoD is issuing a final rule to
amend the Defense Federal Acquisition
Regulation Supplement to implement
section 872 of the National Defense
Authorization Act for Fiscal Year 2020,
which reauthorizes and improves the
DoD Mentor-Protege Program.
Timetable:
Action
Date
NPRM ..................
NPRM Comment
Period End.
Final Action .........
02/28/22
04/29/22
FR Cite
FR Cite
12/00/22
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:
joy.mullane.civ@mail.mil.
RIN: 0720–AB77
Office of Assistant Secretary for Health
Affairs (DODOASHA)
10/00/22
Office of Assistant Secretary for Health
Affairs (DODOASHA)
Proposed Rule Stage
70. 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
Fmt 4701
NPRM ..................
Date
DEPARTMENT OF DEFENSE (DOD)
DEPARTMENT OF DEFENSE (DOD)
Frm 00004
Action
87 FR 11009
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Jennifer Johnson,
Defense Acquisition Regulations
System, Department of Defense, Defense
Acquisition Regulations Council, 3060
Defense Pentagon, Room 3B941,
Washington, DC 20301–3060, Phone:
571 372–6100, Email:
jennifer.d.johnson1.civ@mail.mil.
RIN: 0750–AK96
PO 00000
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:
Sfmt 4702
Final Rule Stage
71. 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
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
E:\FR\FM\08AUP5.SGM
08AUP5
Federal Register / Vol. 87, No. 151 / Monday, August 8, 2022 / UA: Reg Flex Agenda
khammond on DSKJM1Z7X2PROD with PROPOSALS4
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
VerDate Sep<11>2014
21:47 Aug 05, 2022
Jkt 256001
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:
Action
Date
NPRM ..................
NPRM Comment
Period End.
Final Action .........
PO 00000
Frm 00005
11/29/19
01/28/20
FR Cite
84 FR 65718
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:
elan.p.green.civ@mail.mil.
RIN: 0720–AB73
[FR Doc. 2022–15154 Filed 8–5–22; 8:45 am]
BILLING CODE 5001–06–P
10/00/22
Fmt 4701
Sfmt 9990
48269
E:\FR\FM\08AUP5.SGM
08AUP5
]]>Agencies
[Federal Register Volume 87, Number 151 (Monday, August 8, 2022)]
[Unknown Section]
[Pages 48266-48269]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-15154]
[[Page 48265]]
Vol. 87
Monday,
No. 151
August 8, 2022
Part V
Department of Defense
-----------------------------------------------------------------------
Semiannual Regulatory Agenda
Federal Register / Vol. 87 , No. 151 / Monday, August 8, 2022 / UA:
Reg Flex Agenda
[[Page 48266]]
-----------------------------------------------------------------------
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: 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 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, take care of our people, succeed through teamwork,
and address the current worldwide pandemic. These actions 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 January 31, 2022, and
includes regulations expected to be issued and under review over the
next 12 months. The next agenda will publish in the fall of 2022.
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 703-695-6791, 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: April 1, 2022.
Joo Y. Chung,
Assistant to the Secretary of Defense for Privacy, Civil Liberties, and
Transparency, Department of Defense.
[[Page 48267]]
Office of the Secretary--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
66........................ Cybersecurity Maturity 0790-AL49
Model Certification
(CMMC) Framework.
------------------------------------------------------------------------
Defense Acquisition Regulations Council--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
67........................ Small Business Innovation 0750-AK84
Research Program Data
Rights (DFARS Case 2019-
D043).
------------------------------------------------------------------------
Defense Acquisition Regulations Council--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
68........................ Assessing Contractor 0750-AK81
Implementation of
Cybersecurity
Requirements (DFARS Case
2019-D041).
69........................ Reauthorization and 0750-AK96
Improvement of Mentor-
Protege Program (DFARS
Case 2020-D009).
------------------------------------------------------------------------
Office of Assistant Secretary for Health Affairs--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
70........................ TRICARE: Chiropractic and 0720-AB77
Acupuncture Treatment
Under the TRICARE Program.
------------------------------------------------------------------------
Office of Assistant Secretary for Health Affairs--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
71........................ TRICARE Reimbursement of 0720-AB73
Ambulatory Surgery
Centers and Outpatient
Services Provided in
Cancer and Children's
Hospitals.
------------------------------------------------------------------------
DEPARTMENT OF DEFENSE (DOD)
Office of the Secretary (OS)
Final Rule Stage
66. Cybersecurity Maturity Model Certification (CMMC) Framework [0790-
AL49]
Legal Authority: 5 U.S.C. 301; Pub. L. 116-92, sec. 1648
Abstract: 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,
version 2.0. CMMC 2.0 is a newly approved DoD certification process to
help assess a DIB contractor's compliance with and implementation of
cybersecurity requirements to safeguard FCI and CUI transiting non-
federal systems 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 CMMC
requirement at the level specified for a contract and for the duration
of the contract with the DIB contractor. This rule will specify the
CMMC requirements, at CMMC Level 1, 2, or 3, with which DIB contractors
must comply in advance of a contract award, as well as the process for
obtaining and maintaining CMMC certification, as required for a
designated DoD contract.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Interim Final Rule.................. 03/00/23 .......................
------------------------------------------------------------------------
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
67. Small Business Innovation Research Program Data Rights (DFARS Case
2019-D043) [0750-AK84]
Legal Authority: 41 U.S.C. 1303
Abstract: DoD is proposing to amend the Defense Federal Acquisition
Regulation Supplement (DFARS) to implement changes related to data
rights in the Small Business Administration's Policy Directive for the
Small Business Innovation Research (SBIR) Program, published in the
Federal Register on April 2, 2019 (84 FR 12794). The final SBA Policy
Directive includes several
[[Page 48268]]
revisions to clarify data rights, which require corresponding revisions
to the DFARS.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
ANPRM............................... 08/31/20 85 FR 53758
Correction.......................... 09/21/20 85 FR 59258
ANPRM Comment Period End............ 10/30/20 .......................
Comment Period Extended............. 12/04/20 85 FR 78300
ANPRM Comment Period End............ 01/31/21 .......................
NPRM................................ 07/00/22 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Jennifer Johnson, Defense Acquisition Regulations
System, Department of Defense, Defense Acquisition Regulations Council,
3060 Defense Pentagon, Room 3B941, Washington, DC 20301-3060, Phone:
571 372-6100, Email: [email protected].
RIN: 0750-AK84
DEPARTMENT OF DEFENSE (DOD)
Defense Acquisition Regulations Council (DARC)
Final Rule Stage
68. 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: This rule is pending codification in title 32 CFR of the
Cybersecurity Maturity Model Certification (CMMC) program. DoD is
finalizing an interim rule to implement the CMMC framework 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. 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
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. The part of this rule that addressed the NIST SP
800-171 assessment requirements has been separated into RIN 0750-AL68.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Interim Final Rule.................. 09/29/20 85 FR 48513
Interim Final Rule Effective........ 11/30/20 .......................
Final Action........................ 03/00/23 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Jennifer Johnson, Defense Acquisition Regulations
System, Department of Defense, Defense Acquisition Regulations Council,
3060 Defense Pentagon, Room 3B941, Washington, DC 20301-3060, Phone:
571 372-6100, Email: [email protected].
RIN: 0750-AK81
69. Reauthorization and Improvement of Mentor-Protege Program (DFARS
Case 2020-D009) [0750-AK96]
Legal Authority: 41 U.S.C. 1303; Pub. L. 116-92, sec. 872
Abstract: DoD is issuing a final rule to amend the Defense Federal
Acquisition Regulation Supplement to implement section 872 of the
National Defense Authorization Act for Fiscal Year 2020, which
reauthorizes and improves the DoD Mentor-Protege Program.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 02/28/22 87 FR 11009
NPRM Comment Period End............. 04/29/22 .......................
Final Action........................ 10/00/22 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Jennifer Johnson, Defense Acquisition Regulations
System, Department of Defense, Defense Acquisition Regulations Council,
3060 Defense Pentagon, Room 3B941, Washington, DC 20301-3060, Phone:
571 372-6100, Email: [email protected].
RIN: 0750-AK96
DEPARTMENT OF DEFENSE (DOD)
Office of Assistant Secretary for Health Affairs (DODOASHA)
Proposed Rule Stage
70. 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:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 12/00/22 .......................
------------------------------------------------------------------------
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
71. 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 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
[[Page 48269]]
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.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/29/19 84 FR 65718
NPRM Comment Period End............. 01/28/20 .......................
Final Action........................ 10/00/22 .......................
------------------------------------------------------------------------
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. 2022-15154 Filed 8-5-22; 8:45 am]
BILLING CODE 5001-06-P
