9564 Federal Register / Vol. 89, No. 28 / Friday, February 9, 2024 / 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 

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 

spring 2023 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 

the Administration’s regulatory 

priorities, the Secretary of Defense’s top 

priorities to defend the Nation, take care 

of our people, and succeed through 

teamwork, as well as those priorities of 

the National Defense Strategy. These 

actions include efforts to promote the 

country’s economic resilience; address 

healthcare issues; support underserved 

communities and improve small 

business opportunities; promote 

competition in the American economy; 

promote diversity, equity, inclusion, 

and accessibility in the Federal 

workforce; support national security 

efforts, especially safeguarding Federal 

Government information and 

information technology systems; tackle 

the climate crisis; and address military 

family matters. 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. 

Additionally, specific agenda entries 

include information on public 

participation and community outreach 

efforts conducted or planned for those 

regulatory entries. 

This agenda updates the report 

published on June 13, 2023, and 

includes regulations expected to be 

issued and under review over the next 

12 months. The next agenda will 

publish in the spring of 2024. 

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: 

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 703–717– 

8226, or write to Office of the Under 

Secretary of Defense for Acquisition and 

Sustainment, Defense Pricing and 

Contracting, Defense Acquisition 

Regulations System, Room 3B938, 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 

703–459–6026, 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@army.mil. 

For general information on 

Department of the Navy regulations, 

contact LCDR Jessica Koningisor, 

telephone 703–614–5366, 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: jessica.e.koningisor.mil@

us.navy.mil. 

For general information on 

Department of the Air Force regulations, 

contact Mr. Robert Bivins, telephone 

703–693–7302, 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)). 


ddrumheller on DSK120RN23PROD with PROPOSALS5
Federal Register / Vol. 89, No. 28 / Friday, February 9, 2024 / UA: Reg Flex Agenda 9565 

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. 

Joo Y. Chung, 

Assistant to the Secretary of Defense for 

Privacy, Civil Liberties, and Transparency, 

Department of Defense. 

OFFICE OF THE SECRETARY—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

297 .................... Cybersecurity Maturity Model Certification (CMMC) Program (Reg Plan Seq No. 19) ................................. 0790–AL49 

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

DEFENSE ACQUISITION REGULATIONS COUNCIL—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

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

Plan Seq No. 23).

0750–AK81 

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

OFFICE OF ASSISTANT SECRETARY FOR HEALTH AFFAIRS—COMPLETED ACTIONS

Sequence No. Title Regulation 

Identifier No. 

299 .................... TRICARE Reimbursement of Ambulatory Surgery Centers and Outpatient Services Provided in Cancer 

and Children’s Hospitals.

0720–AB73 

DEPARTMENT OF DEFENSE (DOD) 

Office of the Secretary (OS) 

Proposed Rule Stage 

297. Cybersecurity Maturity Model 

Certification (CMMC) Program [0790– 

AL49] 

Regulatory Plan: This entry is Seq. 

No. 19 in part II of this issue of the 

Federal Register. 

RIN: 0790–AL49 

DEPARTMENT OF DEFENSE (DOD) 

Defense Acquisition Regulations 

Council (DARC) 

Proposed Rule Stage 

298. Assessing Contractor 

Implementation of Cybersecurity 

Requirements (DFARS Case 2019–D041) 

[0750–AK81] 

Regulatory Plan: This entry is Seq. 

No. 23 in part II of this issue of the 

Federal Register. 

RIN: 0750–AK81 

DEPARTMENT OF DEFENSE (DOD) 

Office of Assistant Secretary for Health 

Affairs (DODOASHA) 

Completed Actions 

299. 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, revised 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 section 1079(i)(2) 

of title 10 of the United States Code, 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 adopted 

Medicare’s payment methodology for 

ASC and adopted Medicare’s payment 

methodology for outpatient services 

provided in CCHs. Although Medicare’s 

reimbursement methods for ASC and 

CCHs are different, it was prudent to 

adopt both the Medicare ASC system 

and the Outpatient Prospective Payment 

System 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 

made 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 ......... 04/04/23 88 FR 19844 

Final Action; Correction.04/27/23 88 FR 25492 

Final Action Effective.10/01/23 

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. 2024–00516 Filed 2–8–24; 8:45 am] 

BILLING CODE 5001–06–P 


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