1850 Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Unified 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: The Department of Defense 

(DoD) is publishing this semiannual 

agenda of regulatory documents, 

including those that are procurementrelated, for public information and 

comments under Executive Order 12866 

‘‘Regulatory Planning and Review.’’ 

This agenda incorporates the objective 

and criteria, when applicable, of the 

regulatory reform program under the 

Executive order and other regulatory 

guidance. It contains DoD regulations 

initiated by DoD components that may 

have economic and environmental 

impact on State, local, or tribal interests 

under the criteria of Executive Order 

12866. Although most DoD regulations 

listed in the agenda are of limited public 

impact, their nature may be of public 

interest and, therefore, are published to 

provide notice of rulemaking and an 

opportunity for public participation in 

the internal DoD rulemaking process. 

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 August 24, 2017, and 

includes regulations expected to be 

issued and under review over the next 

12 months. The next agenda is 

scheduled to be published in the spring 

of 2018. 

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 and 

for general semiannual agenda 

information, contact Ms. Patricia 

Toppings, telephone 571–372–0485, or 

write to Office of the Deputy 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 703–697–2714. 

For general information on Office of 

the Secretary regulations, other than 

those which are procurement-related, 

contact Ms. Morgan Park, telephone 

571–372–0489, or write to Office of the 

Deputy Chief Management Officer, 

Directorate of Oversight and 

Compliance, Regulatory and Advisory 

Committee Division, 9010 Defense 

Pentagon, Washington, DC 20301–9010, 

or email: morgan.e.park.civ@mail.mil. 

For general information on Office of 

the Secretary regulations which are 

procurement-related, contact Ms. 

Jennifer Hawes, telephone 571–372– 

6115, or write to Office of the Under 

Secretary of Defense for Acquisition, 

Technology, and Logistics, Defense 

Procurement and Acquisition Policy, 

Defense Acquisition Regulations 

System, Room 3B941, 3060 Defense 

Pentagon, Washington, DC 20301–3060, 

or email: jennifer.l.hawes2.civ@mail.mil. 

For general information on 

Department of the Army regulations, 

contact Ms. Brenda Bowen, telephone 

703–428–6173, or write to the U.S. 

Army Records Management and 

Declassification Agency, ATTN: AAHS– 

RDR–C, Casey Building, Room 102, 

7701 Telegraph Road, Alexandria, 

Virginia 22315–3860, or email: 

brenda.s.bowen.civ@mail.mil. 

For general information on the U.S. 

Army Corps of Engineers regulations, 

contact Mr. Chip Smith, telephone 703– 

693–3644, or write to Office of the 

Deputy Assistant Secretary of the Army 

(Policy and Legislation), 108 Army 

Pentagon, Room 2E569, Washington, DC 

20310–0108, or email: 

charles.r.smith567.civ@mail.mil. 

For general information on 

Department of the Navy regulations, 

contact LCDR Audrey Nichols, 

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: Audrey.Nichols@

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 in each 

DoD component report. 

SUPPLEMENTARY INFORMATION: This 

edition of the Unified Agenda of Federal 

Regulatory and Deregulatory Actions is 

composed of the regulatory status 

reports, including procurement-related 

regulatory status reports, from the Office 

of the Secretary of Defense (OSD) and 

the Military Departments. Included also 

is the regulatory status report from the 

U.S. Army Corps of Engineers, whose 

civil works functions fall under the 

reporting requirements of Executive 

Order 12866 and involve water resource 

projects and regulation of activities in 

waters of the United States. 

In addition, this agenda, although 

published under the reporting 

requirements of Executive Order 12866, 

continues to be the DoD single-source 

reporting vehicle, which identifies 

regulations that are currently applicable 

under the various regulatory reform 

programs in progress. Therefore, DoD 

components will identify those rules 

which come under the criteria of the: 

a. Regulatory Flexibility Act; 

b. Paperwork Reduction Act of 1995; 

c. Unfunded Mandates Reform Act of 

1995. 

Those DoD regulations, which are 

directly applicable under these statutes, 

will be identified in the agenda and 

their action status indicated. Generally, 

the regulatory status reports 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 


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Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Unified Agenda 1851 

defined in the Regulatory Flexibility Act 

(5 U.S.C. 601(6)). 

Comments and recommendations are 

invited on the rules reported and should 

be addressed to the DoD component 

representatives identified in the 

regulatory status reports. Although 

sensitive to the needs of the public, as 

well as regulatory reform, DoD reserves 

the right to exercise the exemptions and 

flexibility permitted in its rulemaking 

process in order to proceed with its 

overall defense-oriented mission. 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 18, 2017. 

David Tillotson III, 

Acting Deputy Chief Management Officer. 

OFFICE OF ASSISTANT SECRETARY FOR HEALTH AFFAIRS—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

216 .................... TRICARE; Reimbursement of Long-Term Care Hospitals and Inpatient Rehabilitation Facilities .................. 0720–AB47 

DEPARTMENT OF DEFENSE (DOD) 

Office of Assistant Secretary for Health 

Affairs (DODOASHA) 

Final Rule Stage 

216. Tricare; Reimbursement of LongTerm Care Hospitals and Inpatient 

Rehabilitation Facilities 

E.O. 13771 Designation: Fully or 

Partially Exempt. 

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

U.S.C. ch. 55 

Abstract: The Department of Defense, 

Defense Health Agency, is revising its 

reimbursement of Long-Term Care 

Hospitals (LTCHs) and Inpatient 

Rehabilitation Facilities (IRFs). 

Revisions are in accordance with the 

statutory provision at title 10, United 

States Code, section 1079(i)(2) that 

requires TRICARE 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. 32 CFR 

199.2 includes a definition for 

‘‘Hospital, long-term (tuberculosis, 

chronic care, or rehabilitation).’’ This 

rule deletes this definition and creates 

separate definitions for ‘‘Long Term 

Care Hospital’’ and ‘‘Inpatient 

Rehabilitation Facility’’ in accordance 

with Centers for Medicare and Medicaid 

Services (CMS) classification criteria. 

Under TRICARE, LTCHs and IRFs (both 

freestanding rehabilitation hospitals and 

rehabilitation hospital units) are 

currently paid the lower of a negotiated 

rate (if they are a network provider) or 

billed charges (if they are a non-network 

provider). Although Medicare’s 

reimbursement methods for LTCHs and 

IRFs are different, to the Defense Health 

Agency is adopting both the Medicare 

LTCH and IRF Prospective Payment 

System (PPS) methods simultaneously 

to align with our statutory requirement 

to reimburse like Medicare. This rule 

sets forth the regulation modifications 

that are necessary for TRICARE to adopt 

Medicare’s LTCH and IRF Prospective 

Payment Systems and rates applicable 

for inpatient services provided by 

LTCHs and IRFs to TRICARE 

beneficiaries. 

Timetable: 

Action Date FR Cite 

NPRM .................. 01/26/15 80 FR 3926 

NPRM Comment 

Period End.

03/27/15 

Second NPRM .... 08/31/16 81 FR 59934 

Second NPRM 

Comment Period End.

10/31/16 

Final Action ......... 02/00/18 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Ann N. Fazzini, 

Department of Defense, Office of 

Assistant Secretary for Health Affairs, 

1200 Defense Pentagon, Washington, DC 

20301, Phone: 303–676–3803. 

RIN: 0720–AB47 

[FR Doc. 2017–28206 Filed 1–11–18; 8:45 am] 

BILLING CODE 5001–06–P 


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