Federal Register / Vol. 76, No. 248 / Tuesday, December 27, 2011 / Rules and Regulations 80741 

In a similar fashion, employers who have 

unique or changing first-aid needs in their 

workplace may need to enhance their firstaid kits. The employer can use the OSHA 300 

log, OSHA 301 log, or other reports to 

identify these unique problems. Consultation 

from the local fire/rescue department, 

appropriate medical professional, or local 

emergency room may be helpful to employers 

in these circumstances. By assessing the 

specific needs of their workplace, employers 

can ensure that reasonably anticipated 

supplies are available. Employers should 

assess the specific needs of their worksite 

periodically and augment the first aid kit 

appropriately. 

* * * * * 

■ 27. In § 1926.62, revise paragraph 

(j)(2)(iv)(B) to read as follows: 

§ 1926.62 Lead. 

* * * * * 

(j) * * * 

(2) * * * 

(B) The employer shall notify each 

employee whose blood lead level is at 

or above 40 mg/dl that the standard 

requires temporary medical removal 

with Medical Removal Protection 

benefits when an employee’s blood lead 

level is at or above the numerical 

criterion for medical removal under 

paragraph (k)(1)(i) of this section. 

* * * * * 

[FR Doc. 2011–32853 Filed 12–23–11; 8:45 am] 

BILLING CODE 4510–26–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 199 

[DOD–2011–HA–0134; RIN 0720–AB55] 

TRICARE: Certified Mental Health 

Counselors 

AGENCY: Office of the Secretary, 

Department of Defense. 

ACTION: Interim final rule. 

SUMMARY: This rule is submitted as an 

interim final rule (IFR) in order to meet 

the Congressional requirement set forth 

in the National Defense Authorization 

Act (NDAA) for Fiscal Year (FY) 2011, 

Section 724, which required the 

Department of Defense to prescribe 

regulations by June 20, 2011, to 

establish the criteria, as had previously 

been studied in accordance with Section 

717 of the NDAA 2008, that would 

allow licensed or certified mental health 

counselors to be able to independently 

provide care to TRICARE beneficiaries 

and receive payment for those services. 

Under current TRICARE requirements, 

mental health counselors (MHCs) are 

authorized to practice only with 

physician referral and supervision. This 

interim final rule establishes a transition 

period to phase out the requirement for 

physician referral and supervision for 

MHCs and to create a new category of 

allied health professionals, to be known 

as certified mental health counselors 

(CMHCs), who will be authorized to 

practice independently under TRICARE. 

During this transition period the 

MHCs who do not meet the 

requirements for independent practice 

as established in this rule, may continue 

to provide services to TRICARE 

beneficiaries under the requirements of 

physician referral and ongoing 

supervision. This transition period, 

ending December 31, 2014, will allow 

time for those MHCs who seek to 

continue providing services under the 

TRICARE program to meet the 

independent practice requirements as 

outlined in this notice. After December 

31, 2014, the Department of Defense 

will no longer recognize those mental 

health counselors who do not meet the 

criteria for a CMHC and will no longer 

allow them to provide services even 

upon the referral and supervision of a 

physician. 

DATES: This rule is effective on 

December 27, 2011. Written comments 

received at the address indicated below 

by February 27, 2012 will be accepted. 

ADDRESSES: You may submit comments, 

identified by docket number and or 

Regulatory Information Number (RIN) 

number and title, by either of the 

following methods: 

• Federal eRulemaking Portal: 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Federal Docket Management 

System Office, 4800 Mark Center Drive, 

2nd Floor, East Tower, Suite 02G09, 

Alexandria, VA 22350–3100. 

Instructions: All submissions received 

must include the agency name and 

docket number or RIN for this Federal 

Register document. The general policy 

for comments and other submissions 

from members of the public is to make 

these submissions available for public 

viewing on the Internet at http:// 

www.regulations.gov as they are 

received without change, including any 

personal identifiers or contact 

information. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Patricia Moseley, TRICARE 

Management Activity, Office of the 

Chief Medical Officer, telephone (703) 

681–0064. 

SUPPLEMENTARY INFORMATION: TRICARE 

serves over 9.6 million beneficiaries 

comprised of active duty service 

members, retirees, and their families, 

among others. The nature of the 

conflicts in Iraq and Afghanistan, their 

duration, and the Department of 

Defense’s appreciation and sensitivity to 

the impact of combat on a service 

member’s mental health have driven 

strong efforts to ensure that quality 

mental health care is available and 

accessible to TRICARE beneficiaries. 

One element of these efforts is ongoing 

attention to increasing the number of 

quality providers that can assess and 

treat TRICARE beneficiaries. 

The National Defense Authorization 

Act for Fiscal Year 2006 Conference 

Report, No. 109–360, p. 753–4, 

requested from DoD a report to Congress 

on actions taken to improve the 

efficiency and effectiveness of 

procedures to facilitate physician 

referral and supervision of licensed 

professional counselors (LPCs), 

including a description of ‘‘best 

practices’’ employed throughout the 

military health system to ensure access 

to services provided by mental health 

counselors under the TRICARE 

Program. That report concluded that 

there remained significant variability 

among the States in training programs 

and requirements for licensure as a 

mental health counselor and that while 

there was evidence that the extent of 

training variability had decreased over 

time, it continued to be evident that 

professional counselors licensed to 

practice had quite varying exposure to 

classroom education and supervised 

clinical experiences in the assessment 

and treatment of persons with mental 

disorders. In conclusion the report 

noted: ‘‘Given the practical obstacles to 

physician supervision of LPCs and the 

perceived impediment to accessing 

services caused by the physician referral 

requirement, it would be prudent to 

explore issues of supervision, referral, 

provider credentialing, and scope of 

practice to develop options that would 

preserve quality of care, safeguard the 

health and well-being of Service 

members and maximize access to 

mental health care for all beneficiaries. 

An examination of these issues would 

certainly support other activities having 

the goal of improving mental health care 

to veterans, active duty service members 

and their families, including the recent 

creation of the DoD Task Force on 

Mental Health.’’ 

Section 717 of the National Defense 

Authorization Act of Fiscal Year 2008 

directed the Secretary of Defense to 

study the credentials, preparation, and 

training of individuals practicing as 

licensed mental health counselors and 

to make recommendations for 

permitting licensed mental health 

counselors to practice independently 


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80742 Federal Register / Vol. 76, No. 248 / Tuesday, December 27, 2011 / Rules and Regulations 

under the TRICARE program. The study, 

completed by the Institute of Medicine 

of the National Academies of Science, 

recommended allowing LMHCs who 

meet certain training, education, 

experience, certification, and licensure 

requirements to practice independently 

under the TRICARE program. This 

interim final rule implements changes 

to 32 CFR part 199 based on those 

recommendations. 

The certification criteria established 

in this IFR are largely consistent with 

the recommendations found in 

‘‘Provision of Mental Health Counseling 

Services under TRICARE,’’ a study 

funded by DoD and completed in 2010 

by the Institute of Medicine (IOM) of the 

National Academies of Science http:// 

www.iom.edu/Reports/2010/Provisionof-Mental-Health-Counseling-ServicesUnder-TRICARE.aspx. 

The IOM recommendations specify 

that independent practice of mental 

health counselors (MHCs) in TRICARE 

should occur under certain 

circumstances: ‘‘A master’s or higherlevel degree in counseling from a 

program in mental health counseling or 

clinical mental health counseling that is 

accredited by Council for Accreditation 

of Counseling and Related Educational 

Programs (CACREP); a state license in 

mental health counseling at the 

‘‘clinical’’ or the higher or highest level 

available in states that have tiered 

licensing schemes; the passage of the 

National Clinical Mental Health 

Counseling examination (NCMHCE); 

and a well-defined scope of practice for 

practitioners.’’ The new rule will 

implement these standards over time 

while preserving the requirement for 

3,000 hours of supervised clinical 

practice and 100 hours of face-to-face 

supervision. TRICARE is committed to 

ensuring that the quality standards 

recommended by the IOM are adopted 

by TRICARE, but understands that the 

availability of CACREP accredited 

mental health counseling training 

programs and the use of the NCMHCE 

as a quality standard are not yet 

widespread in the field. Therefore, with 

this rule, TRICARE will adopt new 

quality standards for the independent 

practices of mental health counselors as 

of January 1, 2015, and in addition will 

recognize mental health counselors as 

independent providers who have met 

certain currently recognized quality 

standards on or before December 31, 

2014. Specifically, in order to practice 

independently, those mental health 

counselors must have met, in part, one 

of the following two quality standards 

on or before December 31, 2014: (1) 

Possess a master’s or higher-level degree 

from a mental health counseling 

program of education and training 

accredited by CACREP and must have 

passed the National Counselor 

Examination (NCE); or (2) possess a 

master’s or higher-level degree from a 

mental health counseling program of 

education and training from either a 

CACREP or regionally accredited 

institution and have passed the 

NCMHCE. The many professional 

mental health counselors who meet 

these quality standards are a resource 

that TRICARE is anxious to make 

available to Service members, retirees 

and their families and their inclusion as 

independent practitioners under the 

TRICARE program will ensure that 

ready access to quality providers is 

preserved for TRICARE beneficiaries. 

Independent practice by mental 

health counselors would mean a change 

from working under the supervision and 

referral of a physician to autonomous 

practice and third party reimbursement. 

While access to care was not a direct 

focus of the IOM study, increasing the 

availability of fully qualified providers 

would benefit TRICARE beneficiaries. 

This interim final rule establishes a 

transition period to phase out the 

requirement for physician referral and 

supervision for mental health 

counselors and to create a new category 

of allied health professionals, to be 

known as certified mental health 

counselors (CMHCs), who will be 

authorized to practice independently 

under TRICARE. 

During this transition period the 

MHCs who do not meet the 

requirements for independent practice 

as established in this rule, may continue 

to provide services to TRICARE 

beneficiaries under the requirements of 

physician referral and ongoing 

supervision. This transition period, 

ending December 31, 2014, will allow 

time for those MHCs who seek to 

continue providing services under the 

TRICARE program to meet the 

independent practice requirements as 

outlined in this notice. After that date 

persons who do not meet the 

requirements for being a CMHC will no 

longer be recognized by TRICARE and 

payment for their services will no longer 

be allowed even if they work under the 

supervision of a physician. 

Lastly, although this rule sets forth 

the currently accepted and 

recommended criteria for an individual 

to be recognized as a CMHC, Section 

199.6(c)(3)(iii)(N)(3) has been added to 

allow the Director, TRICARE 

Management Activity to amend or 

modify existing requirements or add 

other qualifications or criteria in the 

future to accommodate professional 

quality and licensing standards as they 

may change over time. 

The rule meets DoD’s goal to balance 

the implementation of quality standards 

for mental health counselors with 

beneficiary access to their services. The 

implementation period of the provider 

requirements elaborated in this rule 

permits DoD to preserve patient access 

to experienced and well-trained mental 

health professionals while permitting 

other providers to meet those standards 

by January 1, 2015. This rule is expected 

to encourage greater participation of 

MHCs in the TRICARE network, result 

in improved access to quality mental 

health treatment for TRICARE 

beneficiaries, and sets provider quality 

standards typical of other mental health 

providers authorized under TRICARE. 

Regulatory Procedures 

Executive Order 12866, ‘‘Regulatory 

Planning and Review’’ and Executive 

Order 13563, ‘‘Improving Regulation 

and Regulatory Review’’ 

Section 801 of Title 5, United States 

Code, Executive Order (E.O.) 12866, and 

E.O. 13563 require certain regulatory 

assessments and procedures for any 

major rule or significant regulatory 

action, defined as one that would result 

in an annual effect of $100 million or 

more on the national economy or which 

would have other substantial impacts. It 

has been certified that this rule is not 

economically significant, and has been 

reviewed by the Office of Management 

and Budget as required under the 

provisions of E.O. 12866 and E.O. 

13563. 

Public Law 104–4, Section 202, 

‘‘Unfunded Mandates Reform Act’’ 

Section 202 of Public Law 104–4, 

‘‘Unfunded Mandates Reform Act,’’ 

requires that an analysis be performed 

to determine whether any federal 

mandate may result in the expenditure 

by State, local, and tribal governments, 

in the aggregate, or by the private sector 

of $100 million in any one year. It has 

been certified that this rule does not 

contain a Federal mandate that may 

result in the expenditure by State, local 

and tribal governments, in aggregate, or 

by the private sector, of $100 million or 

more in any one year, and thus this rule 

is not subject to this requirement. 

Public Law 96–354, ‘‘Regulatory 

Flexibility Act’’ (RFA) (5 U.S.C. 601) 

Public Law 96–354, ‘‘Regulatory 

Flexibility Act’’ (RFA) (5 U.S.C. 601), 

requires that each Federal agency 

prepare a regulatory flexibility analysis 

when the agency issues a regulation 

which would have a significant impact 


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Federal Register / Vol. 76, No. 248 / Tuesday, December 27, 2011 / Rules and Regulations 80743 

on a substantial number of small 

entities. This rule is not an 

economically significant regulatory 

action, and it has been certified that it 

will not have a significant impact on a 

substantial number of small entities. 

Therefore, this rule is not subject to the 

requirements of the RFA. 

Public Law 96–511, ‘‘Paperwork 

Reduction Act’’ (44 U.S.C. Chapter 35) 

This rule does not contain a 

‘‘collection of information’’ 

requirement, and will not impose 

additional information collection 

requirements on the public under Public 

Law 96–511, ‘‘Paperwork Reduction 

Act’’ (44 U.S.C. chapter 35). 

Executive Order 13132, ‘‘Federalism’’ 

E.O. 13132, ‘‘Federalism,’’ requires 

that an impact analysis be performed to 

determine whether the rule has 

federalism implications that would have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. It has been 

certified that this rule does not have 

federalism implications, as set forth in 

E.O. 13132. 

List of Subjects in 32 CFR Part 199 

Claims, Dental health, Health care, 

Health insurance, Individuals with 

disabilities, Military personnel. 

Accordingly, 32 CFR Part 199 is 

amended as follows: 

PART 199—[AMENDED] 

■ 1. The authority citation for Part 199 

continues to read as follows: 

Authority: 5 U.S.C. 301; 10 U.S.C. chapter 

55. 

■ 2. Section 199.4 is amended by 

revising paragraph (c)(3)(ix)(A) 

introductory text to read as follows: 

§ 199.4 Basic program benefits. 

* * * * * 

(c) * * * 

(3) * * * 

(ix) * * * 

(A) Covered diagnostic and 

therapeutic services. Subject to the 

requirements and limitations stated, 

CHAMPUS benefits are payable for the 

following services when rendered in the 

diagnosis or treatment of a covered 

mental disorder by a CHAMPUSauthorized, qualified mental health 

provider practicing within the scope of 

his or her license. Qualified mental 

health providers are: psychiatrists or 

other physicians; clinical psychologists, 

certified psychiatric nurse specialists, 

certified clinical social workers, 

certified marriage and family therapists, 

certified mental health counselors, 

pastoral counselors under a physician’s 

supervision, and until December 31, 

2014, mental health counselors under a 

physician’s supervision. No payment 

will be made for any service listed in 

paragraph (c)(3)(ix)(A) of this section 

rendered by an individual who does not 

meet the criteria of § 199.6 of this part 

for his or her respective profession, 

regardless of whether the provider is an 

independent professional provider or an 

employee of an authorized professional 

or institutional provider. 

* * * * * 

■ 3. Section 199.6 is amended by adding 

paragraph (c)(3)(iii)(N) and revising 

(c)(3)(iv)(C) to read as follows: 

§ 199.6 TRICARE—authorized providers. 

* * * * * 

(c) * * * 

(3) * * * 

(iii) * * * 

(N) Certified mental health counselor. 

For the purposes of CHAMPUS, a 

certified mental health counselor 

(CMHC) must be licensed for 

independent practice in mental health 

counseling by the jurisdiction where 

practicing. In jurisdictions with two or 

more licenses allowing for differing 

scopes of independent practice, the 

licensed mental health counselor may 

only practice within the scope of the 

license he or she possesses. In addition, 

a CMHC must meet all of the 

requirements contained in this 

paragraph (c)(3)(iii)(N)(1) or the 

requirements of paragraph 

(c)(3)(iii)(N)(2) of this section. 

(1) The requirements of this paragraph 

are that the CMHC: 

(i) Must have passed the National 

Clinical Mental Health Counselor 

Examination (NCMHCE) or its successor 

as determined by the Director, TMA; 

and 

(ii) Must possess a master’s or higherlevel degree from a mental health 

counseling program of education and 

training accredited by the Council for 

Accreditation of Counseling and Related 

Educational Programs (CACREP); and 

(iii) Must have a minimum of two (2) 

years of post-master’s degree supervised 

mental health counseling practice 

which includes a minimum of 3,000 

hours of supervised clinical practice 

and 100 hours of face-to-face 

supervision. This supervision must be 

provided by a mental health counselor 

who is licensed for independent 

practice in mental health counseling in 

the jurisdiction where practicing and 

must be conducted in a manner that is 

consistent with the guidelines for 

supervision of the American Mental 

Health Counselors Association. 

(2) The requirements of this paragraph 

are that the CMHC, prior to January 1, 

2015: 

(i) Possess a master’s or higher-level 

degree from a mental health counseling 

program of education and training 

accredited by CACREP and must have 

passed the National Counselor 

Examination (NCE); or 

(ii) Possess a master’s or higher-level 

degree from a mental health counseling 

program of education and training from 

either a CACREP or regionally 

accredited institution and have passed 

the NCMHCE; and 

(iii) Must have a minimum of two (2) 

years of post-master’s degree supervised 

mental health counseling practice 

which includes a minimum of 3,000 

hours of supervised clinical practice 

and 100 hours of face-to-face 

supervision. This supervision must be 

provided by a mental health counselor 

who is licensed for independent 

practice in mental health counseling in 

the jurisdiction where practicing and 

must be conducted in a manner that is 

consistent with the guidelines for 

supervision of the American Mental 

Health Counselors Association. 

(3) The Director, TRICARE 

Management Activity may amend or 

modify existing or specify additional 

certification requirements as needed to 

accommodate future practice and 

licensing standards and to ensure that 

all CMHCs continue to meet 

educational, licensing and clinical 

training requirements considered 

appropriate. 

(iv) * * * 

(C) Supervised mental health 

counselor. For the purposes of 

TRICARE, a supervised mental health 

counselor is an individual who does not 

meet the requirements of a certified 

mental health counselor in paragraph 

(c)(3)(iii)(N) of this section, but meets 

the requirements of this paragraph 

(c)(3)(iv)(C). After December 31, 2014, 

this category of provider will no longer 

be recognized by TRICARE and no 

reimbursement may be made to any 

person for services provided by this 

category of provider. However, prior to 

January 1, 2015, a supervised mental 

health counselor is one who meets all of 

the following requirements and 

conditions of practice: 

(1) Minimum of a master’s degree in 

mental health counseling or allied 

mental health field from a regionally 

accredited institution; and 

(2) Two years of post-masters 

experience which includes 3,000 hours 


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80744 Federal Register / Vol. 76, No. 248 / Tuesday, December 27, 2011 / Rules and Regulations 

of clinical work and 100 hours of faceto-face supervision; and 

(3) Is licensed or certified to practice 

as a mental health counselor by the 

jurisdiction where practicing (see 

paragraph (c)(3)(iv)(D) of this section for 

more specific information); and 

(4) May only be reimbursed when: 

(i) The TRICARE beneficiary is 

referred for therapy by a physician; and 

(ii) A physician is providing ongoing 

oversight and supervision of the therapy 

being provided; and 

(iii) The mental health counselor 

certifies on each claim for 

reimbursement that a written 

communication has been made or will 

be made to the referring physician of the 

results of the treatment. Such 

communication will be made at the end 

of the treatment, or more frequently, as 

required by the referring physician 

(refer to § 199.7 of this part); and 

(iv) The date of services provided is 

on or before December 31, 2014. 

* * * * * 

Dated: December 21, 2011. 

Aaron Siegel, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 2011–33109 Filed 12–23–11; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

[DOD–2010–OS–0043; RIN 0790–AI62] 

32 CFR Part 222 

DoD Mandatory Declassification 

Review (MDR) Program 

AGENCY: Department of Defense. 

ACTION: Final rule. 

SUMMARY: This part implements policy 

established in DoD Instruction 5200.01. 

It assigns responsibilities and provides 

procedures for members of the public to 

request a declassification review of 

information classified under the 

provisions of Executive Order 13526, or 

predecessor orders. 

DATES: Effective Date: This rule is 

effective January 26, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Robert Storer, (571) 372–0483. 

SUPPLEMENTARY INFORMATION: The 

Department of Defense published a 

proposed rule on September 27, 2010 

(75 FR 59176–59179). Three sets of 

comments were received and are 

addressed below. 

Comment 1: As an initial matter, this 

proposed rule contains no paragraph (j), 

and there appears to be no current 

paragraph (j) to which this could be 

referring. While it is entirely reasonable 

for the DoD to amend this rule later to 

cover the issue of fees, it is improper for 

the DoD to include a reference now to 

a potential later amendment that will 

itself have to go through the notice and 

comment rulemaking procedure. It is far 

more reasonable to leave this 

subparagraph out of the current iteration 

and add it when the actual paragraph (j) 

is added to the rule. 

Response 1: Paragraph revised to be 

consistent with section 2001.33(e) of 32 

CFR (see section 222.10). 

Comment 2: It is entirely proper that 

a requester shall not be given MDR 

appeal rights for records withheld 

pursuant to FOIA exemptions. However, 

it is not proper for records to be 

withheld pursuant to FOIA exemptions 

as part of the MDR process without 

providing the proper appeal rights that 

accompany all FOIA withholding 

decisions. 

Response 2: The FOIA and MDR 

process are separate and distinct 

processes. A MDR is not a FOIA 

Request; a requester does not have the 

right to appeal MDR’s denied under 

FOIA exemptions without having filed a 

FOIA Request. If a requester is denied 

under the rules of FOIA, the requester 

must submit a FOIA request for those 

records in order to have the exemptions 

examined. (See par 4 and par 5(c)3(d) of 

section 222.5.) 

Comment 3: Proposed Section 

222.5(a)(vii) reads as follows: ‘‘This 

section shall not apply to any request 

for a review made to an element of the 

Intelligence Community that is made by 

a person other than an individual as that 

term is defined by 5 U.S.C. 552a(a)(2), 

or by a foreign government entity or any 

representative thereof.’’ 

This language differs meaningfully 

from the interpretive guidance rules in 

Section 32 CFR 2001.33(i), which say, in 

part, ‘‘requests for mandatory 

declassification review made to an 

element of the Intelligence Community 

by anyone other than a citizen of the 

United States or an alien lawfully 

admitted for permanent residence may 

be denied by the receiving Intelligence 

Community element.’’ 

Response 3: Section removed from 

final rule. 

4: Comments from DoD Internal 

review of proposed rule: 

a. Change the Executive Order in the 

last line of Paragraph 1 from 12958 to 

13526. 

b. Appoint an appellate authority and 

process MDR appeals for information 

originating in the OSD, the Office of the 

Chairman of the Joint Chiefs of Staff and 

the Joint Staff, and DoD components not 

listed in the Appendix to Enclosure 2. 

c. Insert reference to DoD 5200.1–R so 

the paragraph reads ‘‘The DoD 

Components shall process MDR requests 

* * * in accordance with DoD 5200.1– 

R and Part 2001 of title 32 * * *’’ 

d. Replace paragraph 7.b with the 

following (or similar) statement: ‘‘The 

DoD Component shall consult with DOS 

as necessary to determine whether the 

information is subject to a treaty or 

international agreement that would 

prevent its declassification. The office to 

consult is * * *’’ (U//FOUO) The 

purpose of the statement is to allow DoD 

intelligence organizations that have 

existing, authorized agreements for 

coordinating actions on FGI to continue 

to use those arrangements with 

counterpart organizations of foreign 

governments for the purposes of 

coordinating Mandatory Declassification 

actions. 

e. Updated all DoD Component 

contact information. 

Response to Internal Comments: 

Internal comments from staffing reviews 

were incorporated as appropriate. 

Changes were made in the following 

sections: references, paragraph (d), 

§ 222.5 MDR processing procedures of 

the final in response to the comments 

received. 

Executive Order 12866, ‘‘Regulatory 

Planning and Review’’ and Executive 

Order 13563, ‘‘Improving Regulation 

and Regulatory Review’’ 

It has been certified that 32 CFR part 

222 does not: 

(1) Have an annual effect on the 

economy of $100 million or more or 

adversely affect in a material way the 

economy; a section of the economy; 

productivity; competition; jobs; the 

environment; public health or safety; or 

State, local, or tribunal governments or 

communities; 

(2) Create a serious inconsistency or 

otherwise interfere with an action taken 

or planned by another Agency; 

(3) Materially alter the budgetary 

impact of entitlements, grants, user fees, 

or loan programs, or the rights and 

obligations of recipients thereof; or 

(4) Raise novel legal or policy issues 

arising out of legal mandates, the 

President’s priorities, or the principles 

set forth in these Executive Orders. 

Sec. 202, Public Law 104–4, ‘‘Unfunded 

Mandates Reform Act’’ 

It has been certified that 32 CFR part 

222 does not contain a Federal mandate 

that may result in the expenditure by 

State, local and tribunal governments, in 

aggregate, or by the private sector, of 

$100 million or more in any one year. 


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