[Federal Register Volume 71, Number 222 (Friday, November 17, 2006)]
[Rules and Regulations]
[Pages 66871-66872]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-19437]


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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: Interim final rule.

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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