[Federal Register: September 20, 2007 (Volume 72, Number 182)]
[Rules and Regulations]
[Page 53685]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20se07-7]
[[Page 53685]]
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DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 199
[DoD-2006-OS-0209]
RIN 0720-AB02
TRICARE; Changes Included in the National Defense Authorization
Act for Fiscal Year 2006; TRICARE Dental Program
AGENCY: Office of the Secretary, DoD.
ACTION: Final rule.
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SUMMARY: This final rule implements section 713 of the National Defense
Authorization Act for Fiscal Year 2006 (NDAA for FY06), Public Law 109-
163. The rule provides eligibility for survivor benefits under the
TRICARE Dental Program (TDP) to include the active duty spouse of a
member who dies while on active duty for a period of more than 30 days
who subsequently separates from active duty during the three-year
transitional survivor period.
DATES: Effective Date: September 20, 2007.
ADDRESSES: TRICARE Management Activity, Skyline 5, Suite 810, 5111
Leesburg Pike, Falls Church, VA 22041.
FOR FURTHER INFORMATION CONTACT: Col. Gary C. Martin, Office of the
Assistant Secretary of Defense (Health Affairs), TRICARE Management
Activity, telephone (703) 681-0039.
SUPPLEMENTARY INFORMATION:
I. Summary of Final Rule Provisions
Prior to section 713 of the FY 06 NDAA, a surviving spouse who is a
member of the armed forces on active duty for a period of more than 30
days at the time the other active duty military member spouse dies, and
who subsequently separates from active duty, was ineligible for the
TRICARE Dental program (TDP) survivor benefit. The surviving active
duty spouse was ineligible because he or she was not enrolled in the
program at the time of the spouse's death. Active duty members are not
eligible for enrollment in the TDP. There are many dual military
couples in the armed forces and the authority provided by section 713
of the NDAA for FY06 directs the Department to expand the eligibility
for survivor benefits under the TDP to include the active duty spouse
of a member who dies while on active duty for a period of more than 30
days who subsequently separates from active duty during the three-year
survivor period.
II. Review of Public Comments
We provided a 60 day comment period on the interim final rule which
was published in the Federal Register on November 17, 2006 (71 FR
66871). We received no public comments.
III. Regulatory Procedures
Executive Order (EO) 12866
Executive Order 12866 requires that a comprehensive regulatory
impact analysis be performed on any economically significant regulatory
action, defined as one that would result in an annual effect of $100
million or more on the national economy or which would have other
substantial impacts. The Regulatory Flexibility Act (RFA) requires that
each Federal agency prepare, and make available for public comment, a
regulatory flexibility analysis when the agency issues a regulation
which would have a significant impact on a substantial number of small
entities. This rule is not an economically significant regulatory
action and will not have a significant impact on a substantial number
of small entities for purposes of the RFA, thus this final rule is not
subject to any of these requirements. This rule, although not
economically significant under Executive Order 12866, is a significant
rule under Executive Order 12866 and has been reviewed by the Office of
Management and Budget. The changes set forth in this final rule involve
an expansion of TRICARE benefits.
Paperwork Reduction Act
This rule will not impose additional information collection
requirements on the public under the Paperwork Reduction Act of 1995
(44 U.S.C. 3501-3511).
We have examined the impact(s) of the final rule under Executive
Order 13132 and it does not have policies that have federalism
implications that would have substantial direct effects on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government, therefore, consultation with State and local
officials is not required.
List of Subjects in 32 CFR Part 199
Dental program, Dental health, Health care, Health insurance,
Military personnel.
0
For the reasons set out in the preamble, the Department of Defense
amends 32 CFR part 199 as follows:
PART 199--[AMENDED]
0
1. The authority citation for part 199 continues to read as follows:
Authority: 5 U.S.C. 301; 10 U.S.C. chapter 55.
0
2. Section 199.13 is amended by revising paragraphs (c)(3)(ii)(E)(2),
to read as follows:
Sec. 199.13 TRICARE Dental Program.
* * * * *
(c) * * *
(3) * * *
(ii) * * *
(E) * * *
(2) Continuation of eligibility. Eligible dependents of active duty
members while on active duty for a period of more than 30 days and
eligible dependents of members of the Ready Reserve (i.e., Selected
Reserve or Individual Ready Reserve, as specified in 10 U.S.C. 10143
and 10144(b) respectively), shall be eligible for continued enrollment
in the TDP for up to three (3) years from the date of the member's
death, if, on the date of the death of the member, the dependent is
enrolled in the TDP, or is not enrolled by reason of discontinuance of
a former enrollment under paragraphs (c)(3)(ii)(E)(4)(ii) and
(c)(3)(ii)(E)(4)(iii) of this section, or is not enrolled because the
dependent was under the minimum age for enrollment at the time of the
member's death, or is not qualified for enrollment because the
dependent is a spouse who is a member of the armed forces on active
duty for a period of more than 30 days but subsequently separates or is
discharged from active duty. This continued enrollment is not
contingent on the Selected Reserve or Individual Ready Reserve member's
own enrollment in the TDP. During the three-year period of continuous
enrollment, the government will pay both the government and the
beneficiary's portion of the premium share.
* * * * *
Dated: September 13, 2007.
L.M. Bynum,
OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 07-4654 Filed 9-19-07; 8:45 am]
BILLING CODE 5001-06-M