[Federal Register: November 17, 2006 (Volume 71, Number 222)]
[Rules and Regulations]
[Page 66871-66872]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17no06-12]
=======================================================================
-----------------------------------------------------------------------
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: Interim final rule.
-----------------------------------------------------------------------
SUMMARY: The Department is publishing this interim final rule to
implement section 713 of the National Defense Authorization Act for
Fiscal Year 2006 (NDAA for FY06), Public Law 109-163. Specifically,
that legislation expands the 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.
The rule is being published as an interim final rule with comment
period in order to comply with statutory effective dates. Public
comments are invited and will be considered for possible revisions to
the final rule.
DATES: This rule is effective November 17, 2006.
Comments: Written comments received at the address indicated below
by January 16, 2007 will be accepted.
ADDRESSES: You may submit comments, identified by docket number and or
RIN number and title, by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Mail: Federal Docket Management System Office, 1160
Defense Pentagon, Washington, DC 20301-1160.
Instructions: All submissions received must include the agency name
and docket number or Regulatory Information Number (RIN) for this
Federal Register document. The general policy for comments and other
submissions from members of the public is to make these submissions
available for public viewing on the Internet at http://regulations.gov
as they are received without change, including any personal identifiers
or contact information.
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:
[[Page 66872]]
I. Background
Currently, 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 subsequently separates from
active duty, is ineligible for the TDP survivor benefit. The surviving
active duty spouse is 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 will permit 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. 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 interim 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. This rule is being issued as an interim final
rule, with comment period, as an exception to our standard practice of
soliciting public comments prior to issuance. This is because the
effective date of the changes to the TDP contained in section 713 of
the NDAA for FY06 was January 6, 2006. This interim rule would amend
the CFR to allow the TDP to conform to the new statutory authority.
Based on these statutory requirements, the Assistant Secretary of
Defense (Health Affairs) has determined that following the standard
practice in this case would be unnecessary, impractical and contrary to
the public interest. Public comments are invited. All comments will be
carefully considered. A discussion of the major issues received by
public comments will be included with the issuance of the final rule.
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 interim 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: November 13, 2006.
L.M. Bynum,
OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. E6-19437 Filed 11-16-06; 8:45 am]
BILLING CODE 5001-06-P