Federal Register / Vol. 75, No. 151 / Friday, August 6, 2010 / Proposed Rules 47519 

No stickers or other adhesive materials 

are to be placed on either side of an ID 

card. Holes shall not be punched into ID 

cards, except when a CAC has been 

requested by the next of kin for an 

individual who has perished in the line 

of duty. A CAC provided to next of kin 

shall have the status of the card revoked 

in DEERS, have the certificates revoked, 

and have a hole punched through the 

integrated circuit chip prior to release of 

the CAC to the next of kin. 

(8) An ID card shall be in the personal 

custody of the individual to whom it 

was issued at all times. If required by 

military authority, it shall be 

surrendered for ID or investigation. 

(d) CAC migration to Federal PIV 

requirements. The Department of 

Defense is currently migrating the CAC 

to meet the Federal requirements for 

credentialing contained within FIPS 

Publication 201–1 and Homeland 

Security Presidential Directive 12. 

Migration will take place over multiple 

years as the card issuance hardware, 

software, and supporting systems and 

processes are upgraded. Successful 

migration will require coordination and 

collaboration within and among all CAC 

communities (e.g., personnel security, 

operational security, industrial security, 

information security, physical security, 

and information technology). The 

following organizations will support the 

migration in conjunction with the 

responsibilities listed in § 161.3: 

(1) The DMDC shall: 

(i) Procure and distribute CAC 

consumables, including card stock, 

electromagnetically opaque sleeves, and 

printer supplies, commensurate with 

funding received from the DoD 

Components. 

(ii) In coordination with the Office of 

the Under Secretary of Defense for 

Policy (OUSD(P)), establish an 

electronic process for securing CAC 

eligibility information on foreign 

government military, employee, or 

contract support personnel whose visit 

status and background investigation has 

been confirmed, documented, and 

processed by OUSD(P) according to 

DoDD 5230.20 (see http://www.dtic.mil/ 

whs/directives/corres/pdf/523020p.pdf). 

(iii) In accordance with DoD Directive 

5400.11, electronically capture and store 

source documents in the identity 

proofing process at the accession points 

for eligible ID card holders 

(iv) Implement modifications to the 

CAC applets and interfaces, add 

contactless capability to the CAC 

platform, and, in accordance with DoD 

5400.11–R, implement modifications to 

the CAC topology to support 

compliance with FIPS Publication 201– 

1. 

(v) Establish and implement 

procedures for capturing biometrics 

required to support CAC issuance, 

which includes fingerprints and facial 

images specified in FIPS Publication 

201–1 and National Institute of 

Standards and Technology Special 

Publication 800–76–1, ‘‘Biometric Data 

Specification for Personal Identity 

Verification’’ (see http://csrc.nist.gov/ 

publications/nistpubs/800-76-1/SP800- 

76-1_012407.pdf). 

(vi) In coordination with the 

Executive Manager for DoD Biometrics 

and the Office of the USD(AT&L), 

implement the capability to obtain two 

segmented images (primary and 

secondary) fingerprint minutia from the 

full 10-print fingerprints captured as 

part of the initial background 

investigation process for CAC issuance. 

(vii) Maintain a capability for a CAC 

holder to reset or unlock PINs from a 

system outside of the CAC issuance 

infrastructure. 

(2) The Executive Manager for DoD 

Biometrics shall: 

(i) Establish biometric standards for 

the collection, storage, capture, and 

subsequent transmittal of biometric 

information in accordance with DoDD 

8521.01E, ‘‘Department of Defense 

Biometrics’’ (see http://www.dtic.mil/ 

whs/directives/corres/pdf/852101p.pdf). 

(ii) In coordination with the Offices of 

the USD(P&R) and USD(I) and the DoD 

Components, establish capability for 

biometric capture and enrollment 

operations to support CAC issuance in 

accordance with DoD 5400.11–R and 

National Institute of Standards and 

Technology Special Publication 800– 

76–1. 

(3) The Identity Protection and 

Management Senior Coordinating Group 

shall: 

(i) Monitor the CAC and identity 

management related activities outlined 

within this part in accordance with 

DoDD 1000.25. 

(ii) Maintain a configuration 

management process for the CAC and its 

related components to monitor DoD 

compliance with FIPS Publication 201– 

1. 

Dated: July 26, 2010. 

Patricia L. Toppings, 

OSD Federal Register Liaison Officer, 

Department of Defense. 

[FR Doc. 2010–19315 Filed 8–5–10; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 199 

[DOD–2010–HA–0033] 

RIN 0720–AB44 

TRICARE: Unfortunate Sequelae From 

Noncovered Services in a Military 

Treatment Facility 

AGENCY: Office of the Secretary, 

Department of Defense. 

ACTION: Proposed rule. 

SUMMARY: The Department of Defense is 

publishing this proposed rule to allow 

coverage for otherwise covered services 

and supplies required in the treatment 

of complications (unfortunate sequelae) 

resulting from a noncovered incident of 

treatment provided in a Military 

Treatment Facility (MTF), when the 

initial noncovered service has been 

authorized by the MTF Commander and 

the MTF is unable to provide the 

necessary treatment of the 

complications. This proposed rule is 

necessary to protect TRICARE 

beneficiaries from incurring financial 

hardships due to the current regulatory 

restrictions that prohibit TRICARE 

coverage of treatment of the 

complications resulting from 

noncovered medical procedures, even 

when those procedures were conducted 

in a Department of Defense facility. 

DATES: Comments received at the 

address indicated below by October 5, 

2010 will be accepted. 

ADDRESSES: You may submit comments, 

identified by docket number and/or 

Regulatory Information Number (RIN) 

and title, by either of the following 

methods: 

• Federal Rulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Federal Docket Management 

System Office, 1160 Defense Pentagon, 

Washington, DC 20301–1160. 

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: 

Rene ́ Morrell, Medical Benefits and 

Reimbursement Branch, TRICARE 

Management Activity, (303) 676–3618. 

mstockstill on DSKH9S0YB1PROD with PROPOSALS

47520 Federal Register / Vol. 75, No. 151 / Friday, August 6, 2010 / Proposed Rules 

SUPPLEMENTARY INFORMATION: In order to 

support Graduate Medical Education 

and maintain provider skill levels, 

Military Treatment Facility (MTF) 

providers are frequently required to 

perform medical procedures that may be 

excluded from coverage under 

TRICARE. Unexpected complications 

(unfortunate sequelae) from these 

procedures may result and, in those 

instances where the MTFs are unable to 

provide the appropriate level of care 

necessary for the proper treatment of 

these complications, the MTF 

Commander must refer beneficiaries for 

treatment outside the MTF. Under 

current regulatory provisions, TRICARE 

is unable to cover treatment of the 

complications resulting from 

noncovered procedures. When 

beneficiaries require treatment outside 

the MTF for these complications, arising 

from noncovered procedures, they are 

responsible for payment for this 

necessary treatment resulting in 

significant financial hardship. This 

proposed rule will address that 

unfortunate situation by allowing 

coverage of treatment for the 

complications resulting from 

noncovered treatment provided in an 

MTF when the original procedure was 

authorized by the MTF Commander. 

The specific procedures for approval of 

this treatment will be addressed in the 

TRICARE Policy Manual rather than in 

the regulation to ensure that this 

information is current and easily 

accessible. TRICARE manuals may be 

accessed at http//:www.tricare.mil. 

Regulatory Procedures 

Executive Order 12866, ‘‘Regulatory 

Planning and Review’’ 

Section 801 of title 5, United States 

Code, and Executive Order 12866 

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 a major rule or 

significant regulatory action. 

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 proposed 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 proposed 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 

on a substantial number of small 

entities. This proposed 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 proposed 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’’ 

Executive Order 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 proposed rule does 

not have federalism implications, as set 

forth in Executive Order 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 

proposed to be 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(e)(9) is revised to 

read as follows: 

§ 199.4 Basic program benefits. 

* * * * * 

(e) * * * 

(9) Complications (unfortunate 

sequelae) resulting from noncovered 

initial surgery or treatment. 

(i) Benefits are available for otherwise 

covered services and supplies required 

in the treatment of complications 

resulting from a noncovered incident of 

treatment (such as nonadjunctive dental 

care and cosmetic surgery) but only if 

the later complication represents a 

separate medical condition such as a 

systemic infection, cardiac arrest, and 

acute drug reaction. Benefits may not be 

extended for any later care or 

procedures related to the complication 

that essentially is similar to the initial 

noncovered care. An example of 

complications similar to the initial 

episode of care (and thus not covered) 

would be repair of facial scarring 

resulting from dermabrasion for acne. 

(ii) Benefits are available for 

otherwise covered services and supplies 

required in the treatment of 

complications (unfortunate sequelae) 

resulting from a noncovered incident of 

treatment provided in a Military 

Treatment Facility (MTF), when the 

initial noncovered service has been 

authorized by the MTF Commander and 

the MTF is unable to provide the 

necessary treatment of the 

complications, according to the 

guidelines adopted by the Director, 

TMA, or a designee. 

* * * * * 

Dated: July 26, 2010. 

Patricia L. Toppings, 

OSD Federal Register Liaison Officer, 

Department of Defense. 

[FR Doc. 2010–19310 Filed 8–5–10; 8:45 am] 

BILLING CODE 5001–06–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 60, 1039, 1042, 1065, and 

1068 

[EPA–HQ–OAR–2010–0295, FRL–9185–7] 

RIN 2060–AP67 

Standards of Performance for 

Stationary Compression Ignition and 

Spark Ignition Internal Combustion 

Engines 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Extension of public comment 

period. 

SUMMARY: On June 8, 2010, EPA 

proposed amendments to the standards 

of performance for stationary 

compression ignition and spark ignition 

internal combustion engines. In this 

mstockstill on DSKH9S0YB1PROD with PROPOSALS