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Federal Register / Vol. 86, No. 227 / Tuesday, November 30, 2021 / Rules and Regulations
Paragraph 6002 Class E Airspace Areas Designated as Surface Areas.

ANM WA E2 Tacoma, WA Amended Tacoma Narrows Airport, WA
Lat. 471605 N, long. 1223441 W
McChord Field Joint Base Lewis-McChord, WA
Lat. 470817 N, long. 1222834 W
That airspace extending upward from the surface within a 4-mile radius of Tacoma Narrows Airport, excluding that airspace within the McChord Field Joint Base LewisMcChord Class D airspace area. This Class D airspace area is effective during the specific dates and times established in advance by a Notice to Airmen. The effective date and time will thereafter be continuously published in the Chart Supplement.
6005 Class E Airspace Areas Extending Upward From 700 Feet or More Above the Surface of the Earth.

ANM WA E5 Tacoma, WA Amended Tacoma Narrows Airport, WA
Lat. 471605 N, long. 1223441 W
That airspace extending upward from 700
feet above the surface within 4 miles each side of the 007 bearing from the Tacoma Narrows Airport extending to 6 miles north of the airport, and within 4 miles each side of a 187 bearing from the airport extending to 6 miles south of the airport.
Issued in Des Moines, Washington, on November 23, 2021.
B.G. Chew, Acting Group Manager, Operations Support Group, Western Service Center.
FR Doc. 202125937 Filed 112921; 8:45 am BILLING CODE 491013P

DEPARTMENT OF DEFENSE
Office of the Secretary 32 CFR Part 199
Docket ID: DOD2020HA0073
RIN 0720AB79

TRICARE Program: TRICARE Reserve Select Coverage for Members of the Selected Reserve Department of Defense.
Final rule.

AGENCY:
ACTION:

This final rule implements the National Defense Authorization Act for Fiscal Year 2020 NDAA2020, which removes the permanent eligible exclusion for TRICARE Reserve Select TRS coverage for a member of the Selected Reserve of the Ready Reserve who is enrolled or eligible to enroll in a Federal Employees Health Benefits FEHB Program health insurance plan.
The law now excludes TRS coverage for
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SUMMARY:

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such members only during the period preceding January 1, 2030. The law was effective upon enactment of NDAA
2020 on December 20, 2019. In implementing the statutory changes, this final rule will improve TRICARE by increasing options for access to care for Federal employees.
DATES: This final rule is effective December 30, 2021.
FOR FURTHER INFORMATION CONTACT: Mr.
Jeremy Schneider, Defense Health Agency, TRICARE Health Plan, TRICARE Policy and Programs Section, jeremy.m.schneider.civ@mail.mil, 703
2756208.
SUPPLEMENTARY INFORMATION:
I. Executive Summary A. Purpose of the Rule This rule is required to implement section 701 of NDAA2020. As a housekeeping matter, this rule includes necessary changes to the TRICARE regulation to conform it to the new statutory requirements enacted in the NDAA2020, over which the Department has no administrative discretion. In implementing section 701
of NDAA2020, this rule advances the better care component of the Military Health Systems aims by expanding the options available to Federal employees.
B. Exception to Notice and Comment Agency informal rule-making is governed by section 553 of the Administrative Procedure Act APA, 5
U.S.C. 551 et seq. Section 553b requires that, unless the rule falls within one of the enumerated exemptions, an agency must publish a notice of proposed rulemaking in the Federal Register that provides interested persons an opportunity to submit written data, views, or arguments, prior to finalization of regulatory requirements. Section 553bB of the APA authorizes an agency to dispense with the prior notice and opportunity for public comment requirement when the agency, for good cause, finds that notice and public comment thereon are impracticable, unnecessary, or contrary to the public interest. Section 553 also requires an agency to include an explanation of such good cause with the publication of the rule. As noted in the preamble, the change in law was effective upon enactment on December 20, 2019. The change in law is selfexecuting and Department of Defense DoD has no discretion for implementing the law, including amending the TRICARE regulation to conform it to the statutory requirements.
Because DoD cannot change the law, it is impracticable and unnecessary to
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delay amending the TRICARE regulation to conform it to the law until a full public notice-and-comment process is completed. In addition, it would be contrary to public interest to retain in existence a TRICARE regulation relied upon by the public which contains an eligibility requirement which is legally inconsistent with the controlling legislation for TRS coverage pending completion of a full public notice-andcomment process. Pursuant to 5 U.S.C.
553bB, and for reasons stated in this preamble, the Assistant Secretary of Defense for Health Affairs ASDHA, therefore, concludes that there is good cause to dispense with prior public notice and the opportunity to comment on this rule before finalizing this rule.
C. Summary of Major Provisions The rule amends the TRICARE
regulation to conform it to the current law that defines eligibility for TRICARE
Reserve Select, specifying that Selected Reserve members eligible for or enrolled in a Federal Employee Health Benefits FEHB plan 5 U.S.C. Chapter 89, Health Insurance are eligible to enroll in TRS beginning January 1, 2030.
D. Legal Authority for This Program The statutory authority for this final rule is 10 U.S.C. 1076d, as amended by Public Law 11692, NDAA2020, Section 701, Modification of Eligibility for TRICARE Reserve Select for Certain Members of the Selected Reserve. This final rule amends title 32, Code of Federal Regulations CFR, 199.24, TRICARE Reserve Select, which offers the TRICARE Select self-managed, preferred-provider network option and can be found at https www.ecfr.gov/
cgi-bin/textidx?SID=2e53e1af44c38aa7d 9076c076a2acd02&mc=true&node=se32
.2.199_124&rgn=div8. The TRICARE
Reserve Select program is established under 10 U.S.C. 1076d, TRICARE
program: TRICARE Reserve Select coverage for members of the Selected Reserve.
II. Regulatory History This final rule is the only regulatory action relating to implementation of section 701 of NDAA2020.
III. Regulatory Analysis A. Regulatory Planning and Review a. Executive Orders Executive Order 12866, Regulatory Planning and Review and Executive Order 13563, Improving Regulation and Regulatory Review Executive Orders E.O.s 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory
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