[Federal Register Volume 83, Number 9 (Friday, January 12, 2018)]
[Unknown Section]
[Pages 1849-1851]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-28206]



[[Page 1849]]

Vol. 83

Friday,

No. 9

January 12, 2018

Part V





Department of Defense





-----------------------------------------------------------------------





Semiannual Regulatory Agenda

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

[[Page 1850]]


-----------------------------------------------------------------------

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 procurement-
related, 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: 
[email protected].
    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: [email protected].
    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: 
[email protected].
    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: [email protected].
    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: [email protected].
    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: 
[email protected].
    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: [email protected].
    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

[[Page 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
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
216.......................  TRICARE; Reimbursement of          0720-AB47
                             Long-Term Care Hospitals
                             and Inpatient
                             Rehabilitation Facilities.
------------------------------------------------------------------------


DEPARTMENT OF DEFENSE (DOD)

Office of Assistant Secretary for Health Affairs (DODOASHA)

Final Rule Stage

216. Tricare; Reimbursement of Long-Term 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