48266 Federal Register / Vol. 87, No. 151 / Monday, August 8, 2022 / 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 

fall 2021 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 

or impact the Secretary of Defense’s top 

priorities along with those of the 

National Defense Strategy to defend the 

Nation, take care of our people, succeed 

through teamwork, and address the 

current worldwide pandemic. These 

actions 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 January 31, 2022, and 

includes regulations expected to be 

issued and under review over the next 

12 months. The next agenda will 

publish in the fall of 2022. 

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 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 LCDR Jenny Pike, 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: jennifer.m.pike5.mil@

us.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, 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)). 

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: April 1, 2022. 

Joo Y. Chung, 

Assistant to the Secretary of Defense for 

Privacy, Civil Liberties, and Transparency, 

Department of Defense. 


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OFFICE OF THE SECRETARY—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

66 ...................... Cybersecurity Maturity Model Certification (CMMC) Framework .................................................................... 0790–AL49 

DEFENSE ACQUISITION REGULATIONS COUNCIL—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

67 ...................... Small Business Innovation Research Program Data Rights (DFARS Case 2019–D043) .............................. 0750–AK84 

DEFENSE ACQUISITION REGULATIONS COUNCIL—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

68 ...................... Assessing Contractor Implementation of Cybersecurity Requirements (DFARS Case 2019–D041) ............. 0750–AK81 

69 ...................... Reauthorization and Improvement of Mentor-Protege Program (DFARS Case 2020–D009) ........................ 0750–AK96 

OFFICE OF ASSISTANT SECRETARY FOR HEALTH AFFAIRS—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

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

OFFICE OF ASSISTANT SECRETARY FOR HEALTH AFFAIRS—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

71 ...................... 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) 

Final Rule Stage 

66. Cybersecurity Maturity Model 

Certification (CMMC) Framework 

[0790–AL49] 

Legal Authority: 5 U.S.C. 301; Pub. L. 

116–92, sec. 1648 

Abstract: The National Institute of 

Standards and Technology (NIST) 

Special Publication (SP) 800–171 DoD 

Assessment Methodology employed to 

assess contractor implementation of the 

cybersecurity requirements in NIST SP 

800–171, Protecting Controlled 

Unclassified Information (CUI) In 

Nonfederal Systems and Organizations, 

required by DFARS 252.204–7012. The 

verification of contractor 

implementation of NIST SP 800–171 

security requirements is addressed 

under DFARS provision 252.204–7019, 

Notice of NIST SP 800–171 DoD 

Assessment Requirements, and DFARS 

clause 252.204–7020, NIST SP 800–171 

DoD Assessment Requirements. 

The Cybersecurity Maturity Model 

Certification (CMMC) Framework, 

version 2.0. CMMC 2.0 is a newly 

approved DoD certification process to 

help assess a DIB contractor’s 

compliance with and implementation of 

cybersecurity requirements to safeguard 

FCI and CUI transiting non-federal 

systems and mitigate the threats posed 

by Advanced Persistent Threats— 

adversaries with sophisticated levels of 

expertise and significant resources. 

This rule is related to DFARS clause 

252.204–7021, Cybersecurity Maturity 

Model Certification Requirements, 

which specifies the CMMC requirement 

at the level specified for a contract and 

for the duration of the contract with the 

DIB contractor. This rule will specify 

the CMMC requirements, at CMMC 

Level 1, 2, or 3, with which DIB 

contractors must comply in advance of 

a contract award, as well as the process 

for obtaining and maintaining CMMC 

certification, as required for a 

designated DoD contract. 

Timetable: 

Action Date FR Cite 

Interim Final Rule 03/00/23 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Diane L. Knight, 

Senior Management and Program 

Analyst, Department of Defense, Office 

of the Secretary, 4800 Mark Center 

Drive, Suite 12E08, Alexandria, VA 

22350, Phone: 202 770–9100, Email: 

diane.l.knight10.civ@mail.mil. 

RIN: 0790–AL49 

DEPARTMENT OF DEFENSE (DOD) 

Defense Acquisition Regulations 

Council (DARC) 

Proposed Rule Stage 

67. Small Business Innovation Research 

Program Data Rights (DFARS Case 

2019–D043) [0750–AK84] 

Legal Authority: 41 U.S.C. 1303 

Abstract: DoD is proposing to amend 

the Defense Federal Acquisition 

Regulation Supplement (DFARS) to 

implement changes related to data rights 

in the Small Business Administration’s 

Policy Directive for the Small Business 

Innovation Research (SBIR) Program, 

published in the Federal Register on 

April 2, 2019 (84 FR 12794). The final 

SBA Policy Directive includes several 


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48268 Federal Register / Vol. 87, No. 151 / Monday, August 8, 2022 / UA: Reg Flex Agenda 

revisions to clarify data rights, which 

require corresponding revisions to the 

DFARS. 

Timetable: 

Action Date FR Cite 

ANPRM ............... 08/31/20 85 FR 53758 

Correction ............ 09/21/20 85 FR 59258 

ANPRM Comment 

Period End.

10/30/20 

Comment Period 

Extended.

12/04/20 85 FR 78300 

ANPRM Comment 

Period End.

01/31/21 

NPRM .................. 07/00/22 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Jennifer Johnson, 

Defense Acquisition Regulations 

System, Department of Defense, Defense 

Acquisition Regulations Council, 3060 

Defense Pentagon, Room 3B941, 

Washington, DC 20301–3060, Phone: 

571 372–6100, Email: 

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

RIN: 0750–AK84 

DEPARTMENT OF DEFENSE (DOD) 

Defense Acquisition Regulations 

Council (DARC) 

Final Rule Stage 

68. Assessing Contractor 

Implementation of Cybersecurity 

Requirements (DFARS Case 2019–D041) 

[0750–AK81] 

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

L. 116–92, sec. 1648 

Abstract: This rule is pending 

codification in title 32 CFR of the 

Cybersecurity Maturity Model 

Certification (CMMC) program. DoD is 

finalizing an interim rule to implement 

the CMMC framework in order to 

protect against the theft of intellectual 

property and sensitive information from 

the Defense Industrial Base (DIB) sector. 

The CMMC framework is a DoD 

certification process that measures a 

company’s institutionalization of 

processes and implementation of 

cybersecurity practices. See RIN 0790– 

AL49 for information on a rule 

amending title 32 of the Code of Federal 

Regulations with regard to CMMC, 

which will inform the DFARS final rule. 

This rule provides the Department with 

assurances that a DIB contractor can 

adequately protect sensitive unclassified 

information at a level commensurate 

with the risk, accounting for 

information flow down to its 

subcontractors in a multi-tier supply 

chain. The part of this rule that 

addressed the NIST SP 800–171 

assessment requirements has been 

separated into RIN 0750–AL68. 

Timetable: 

Action Date FR Cite 

Interim Final Rule 09/29/20 85 FR 48513 

Interim Final Rule 

Effective.

11/30/20 

Final Action ......... 03/00/23 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Jennifer Johnson, 

Defense Acquisition Regulations 

System, Department of Defense, Defense 

Acquisition Regulations Council, 3060 

Defense Pentagon, Room 3B941, 

Washington, DC 20301–3060, Phone: 

571 372–6100, Email: 

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

RIN: 0750–AK81 

69. Reauthorization and Improvement 

of Mentor-Protege Program (DFARS 

Case 2020–D009) [0750–AK96] 

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

L. 116–92, sec. 872 

Abstract: DoD is issuing a final rule to 

amend the Defense Federal Acquisition 

Regulation Supplement to implement 

section 872 of the National Defense 

Authorization Act for Fiscal Year 2020, 

which reauthorizes and improves the 

DoD Mentor-Protege Program. 

Timetable: 

Action Date FR Cite 

NPRM .................. 02/28/22 87 FR 11009 

NPRM Comment 

Period End.

04/29/22 

Final Action ......... 10/00/22 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Jennifer Johnson, 

Defense Acquisition Regulations 

System, Department of Defense, Defense 

Acquisition Regulations Council, 3060 

Defense Pentagon, Room 3B941, 

Washington, DC 20301–3060, Phone: 

571 372–6100, Email: 

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

RIN: 0750–AK96 

DEPARTMENT OF DEFENSE (DOD) 

Office of Assistant Secretary for Health 

Affairs (DODOASHA) 

Proposed Rule Stage 

70. TRICARE: Chiropractic and 

Acupuncture Treatment Under the 

Tricare Program [0720–AB77] 

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

U.S.C. ch. 55 

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 .................. 12/00/22 

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 

DEPARTMENT OF DEFENSE (DOD) 

Office of Assistant Secretary for Health 

Affairs (DODOASHA) 

Final Rule Stage 

71. 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, is revising 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 title 10 of the 

U.S.C., section 1079(i)(2) 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 will: (1) adopt Medicare’s 

payment methodology for Ambulatory 


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Surgery Centers (ASC) and (2) adopt 

Medicare’s payment methodology for 

outpatient services provided in Cancer 

and Children’s Hospitals (CCHs). 

Although Medicare’s reimbursement 

methods for ASC and CCHs are 

different, it is prudent to adopt both the 

Medicare ASC system and to adopt the 

Outpatient Prospective Payment System 

(OPPS) 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 

makes 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 ......... 10/00/22 

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. 2022–15154 Filed 8–5–22; 8:45 am] 

BILLING CODE 5001–06–P 


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