16880 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / 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 

AGENCY: Department of Defense (DoD). 

ACTION: Semiannual regulatory agenda. 

SUMMARY: This agenda announces the 

proposed regulatory actions the 

Department of Defense (DOD) plans for 

the next 12 months and those completed 

since the spring 2020 agenda. It was 

developed under the guidelines of 

Executive Order 12866 ‘‘Regulatory 

Planning and Review,’’ Executive Order 

13771 ‘‘Reducing Regulation and 

Controlling Regulatory Costs,’’ and 

Executive Order 13563 ‘‘Improving 

Regulation and Regulatory Review.’’ 

This Agenda documents DOD’s work 

under Executive Order 13777 

‘‘Enforcing the Regulatory Reform 

Agenda,’’ and many regulatory actions 

support the recommendations of the 

DoD Regulatory Reform Task Force (as 

indicated in the individual rule 

abstracts). This Agenda also includes 

regulatory actions the Department is 

taking to address the current worldwide 

pandemic. These include efforts to 

ensure TRICARE beneficiaries have 

access to the most up-to-date care 

required for the diagnosis and treatment 

of COVID–19. Members of the public 

may submit comments on individual 

proposed and interim final rulemakings 

at www.regulations.gov during the 

comment period that follows 

publication in the Federal Register. 

This agenda updates the report 

published on June 30, 2020, and 

includes regulations expected to be 

issued and under review over the next 

12 months. The next agenda will 

publish in the spring of 2021. 

The complete Unified Agenda will be 

available online at www.reginfo.gov. 

Because publication in the Federal 

Register is mandated for the regulatory 

flexibility agendas required by the 

Regulatory Flexibility Act (5 U.S.C. 

602), the Department of Defense’s 

printed agenda entries include only: 

(1) Rules that are in the Agency’s 

regulatory flexibility agenda, in 

accordance with the Regulatory 

Flexibility Act, because they are likely 

to have a significant economic impact 

on a substantial number of small 

entities; and 

(2) Any rules that the Agency has 

identified for periodic review under 

section 610 of the Regulatory Flexibility 

Act. 

Printing of these entries is limited to 

fields that contain information required 

by the Regulatory Flexibility Act’s 

agenda requirements. Additional 

information on these entries is in the 

Unified Agenda available online. 

FOR FURTHER INFORMATION CONTACT: For 

information concerning the overall DoD 

regulatory improvement program, for 

general semiannual agenda information, 

and regarding 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 Chief 

Management Officer, Directorate for 

Oversight and Compliance, Regulatory 

and Advisory Committee Division, 9010 

Defense Pentagon, Washington, DC 

20301–9010, 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, or call 703–693–9958. 

For general information on Office of 

the Secretary regulations which are 

procurement-related, contact Ms. 

Jennifer D. 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 

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 CDR Katherine Callan, 

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: Katherine.callan@

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 (OSD), the 

Military Departments, procurementrelated actions, and actions planned by 

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) 

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)). 

The publishing of this agenda does 

not waive the applicability of the 

military affairs exemption in section 553 

of title 5 U.S.C. and section 3 of 

Executive Order 12866. 

Dated: September 3, 2020. 

Patricia L. Toppings, 

OSD Federal Register Liaison Officer, 

Department of Defense. 


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Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 16881 

DEFENSE ACQUISITION REGULATIONS COUNCIL—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

192 .................... Small Business Innovation Research Program Data Rights (DFARS Case 2019–D043) (Reg Plan Seq 

No. 14).

0750–AK84 

193 .................... Reauthorization and Improvement of Mentor-Protege Program (DFARS Case 2020–D009) (Reg Plan Seq 

No. 15).

0750–AK96 

References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register. 

DEFENSE ACQUISITION REGULATIONS COUNCIL—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

194 .................... Covered Telecommunications Equipment or Services (DFARS Case 2018–D022) (Reg Plan Seq No. 16) 0750–AJ84 

195 .................... Assessing Contractor Implementation of Cybersecurity Requirements (DFARS Case 2019–D041) (Reg 

Plan Seq No. 17).

0750–AK81 

196 .................... Justification and Approval Thresholds for 8(a) Contracts (DFARS Case 2020–D006) .................................. 0750–AK93 

References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register. 

DEFENSE ACQUISITION REGULATIONS COUNCIL—COMPLETED ACTIONS

Sequence No. Title Regulation 

Identifier No. 

197 .................... Inflation Adjustment of Acquisition-Related Thresholds (DFARS Case 2019–D036) ..................................... 0750–AK76 

DEPARTMENT OF THE NAVY—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

198 .................... Professional Conduct of Attorneys Practicing Under the Cognizance and Supervision of the Judge Advocate General (Section 610 Review).0703–AB19 

OFFICE OF ASSISTANT SECRETARY FOR HEALTH AFFAIRS—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

199 .................... TRICARE: Chiropractic and Acupuncture Treatment Under the TRICARE Program ..................................... 0720–AB77 

DEPARTMENT OF DEFENSE (DOD) 

Defense Acquisition Regulations 

Council (DARC) 

Proposed Rule Stage 

192. Small Business Innovation 

Research Program Data Rights (DFARS 

Case 2019–D043) 

Regulatory Plan: This entry is Seq. 

No. 14 in part II of this issue of the 

Federal Register. 

RIN: 0750–AK84 

193. Reauthorization and Improvement 

of Mentor-Protege Program (DFARS 

Case 2020–D009) 

Regulatory Plan: This entry is Seq. 

No. 15 in part II of this issue of the 

Federal Register. 

RIN: 0750–AK96 

DEPARTMENT OF DEFENSE (DOD) 

Defense Acquisition Regulations 

Council (DARC) 

Final Rule Stage 

194. Covered Telecommunications 

Equipment or Services (DFARS Case 

2018–D022) 

Regulatory Plan: This entry is Seq. 

No. 16 in part II of this issue of the 

Federal Register. 

RIN: 0750–AJ84 

195. Assessing Contractor 

Implementation of Cybersecurity 

Requirements (DFARS Case 2019–D041) 

Regulatory Plan: This entry is Seq. 

No. 17 in part II of this issue of the 

Federal Register. 

RIN: 0750–AK81 

196. Justification and Approval 

Thresholds for 8(A) Contracts (DFARS 

Case 2020–D006) 

E.O. 13771 Designation: Not subject 

to, not significant. 

Legal Authority: 41 U.S.C. 1303; Pub. 

L. 116–92, sec. 823 

Abstract: DoD issued a final rule 

amending the Defense Federal 

Acquisition Regulation Supplement to 

implement section 823 of the National 

Defense Authorization Act for Fiscal 

Year 2020. Section 823, the increases 

the threshold for requiring a 

justification and approval to award a 

sole source contract under the 8(a) 

program to $100 million and updates 

the associated approval authorities 

when a procurement exceeds the 

threshold. 

Timetable: 


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16882 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 

Action Date FR Cite 

Final Action ......... 11/00/20 

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 Pricing 

and Contracting, Defense Acquisition 

Regulations System, Room 3B941, 3060 

Pentagon, Washington, DC 20301–3060, 

Phone: 571 372–6100, Email: 

jennifer.d.johnson1.civ@mail.mil. 

RIN: 0750–AK93 

DEPARTMENT OF DEFENSE (DOD) 

Defense Acquisition Regulations 

Council (DARC) 

Completed Actions 

197. Inflation Adjustment of 

Acquisition-Related Thresholds 

(DFARS Case 2019–D036) 

E.O. 13771 Designation: Not subject 

to, not significant. 

Legal Authority: 41 U.S.C. 1303; 41 

U.S.C. 1908 

Abstract: DoD issued a final rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to adjusts statutory 

acquisition-related thresholds for 

inflation to implement 41 U.S.C. 1908 

and other acquisition-related thresholds 

as a matter of policy, effective October 

1, 2020. 

Timetable: 

Action Date FR Cite 

NPRM .................. 04/08/20 85 FR 19716 

NPRM Comment 

Period End.

06/08/20 

Final Action ......... 09/29/20 85 FR 61502 

Final Action Effective.10/01/20 

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 Pricing 

and Contracting, Defense Acquisition 

Regulations System, Room 3B941, 3060 

Pentagon, Washington, DC 20301–3060, 

Phone: 571 372–6100, Email: 

jennifer.d.johnson1.civ@mail.mil. 

RIN: 0750–AK76 

DEPARTMENT OF DEFENSE (DOD) 

Department of the Navy (NAVY) 

Final Rule Stage 

198. Professional Conduct of Attorneys 

Practicing Under the Cognizance And 

Supervision of the Judge Advocate 

General (Section 610 Review) 

E.O. 13771 Designation: Not subject 

to, not significant. 

Legal Authority: 10 U.S.C. 806; 10 

U.S.C. 806a; 10 U.S.C. 826; 10 U.S.C. 

827; 10 U.S.C. 1044; . . . 

Abstract: This action will amend a 

Department of the Navy rule last revised 

November 27, 2015 (80 FR 73991) to 

remove internal content and conform 

the language to the current Judge 

Advocate General Instruction 5803.1E of 

the same name, available at http://

www.jag.navy.mil/library/instructions/ 

JAGINST_5803-1E.pdf. This amendment 

supports a recommendation of the DoD 

Regulatory Reform Task Force. 

Timetable: 

Action Date FR Cite 

Final Action ......... 12/00/20 

Regulatory Flexibility Analysis 

Required: No. 

Agency Contact: CDR Katherine 

Callan, Department of Defense, 

Department of the Navy, Washington 

Navy Yard, 1322 Patterson Avenue SE, 

Suite 3000, Washington, DC 20374– 

5066, Phone: 703 614–7408, Email: 

katherine.callan@navy.mil. 

RIN: 0703–AB19 

DEPARTMENT OF DEFENSE (DOD) 

Office of Assistant Secretary for Health 

Affairs (DODOASHA) 

Proposed Rule Stage 

199. TRICARE: Chiropractic and 

Acupuncture Treatment Under the 

TRICARE Program 

E.O. 13771 Designation: Not subject 

to, not significant. 

Legal Authority: Not Yet Determined 

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 .................. 11/00/20 

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 

[FR Doc. 2021–04332 Filed 3–30–21; 8:45 am] 

BILLING CODE 5001–06–P 


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