[Federal Register Volume 72, Number 72 (Monday, April 16, 2007)]
[Proposed Rules]
[Pages 18927-18929]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-7132]


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DEPARTMENT OF DEFENSE

Office of the Secretary

[DoD-2007-HA-0015]
RIN 0720-AB13

32 CFR Part 199


TRICARE; Expansion of Geographic Scope of the TRICARE Retiree 
Dental Program (TRDP)

AGENCY: Office of the Secretary, DoD.

ACTION: Proposed rule.

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SUMMARY: This proposed rule expands the geographic scope of the TRICARE 
Retiree Dental Program (TRDP) to overseas locations not currently 
covered by the program. At this time, TRDP is only applicable in the 50 
United States and the District of Columbia, Canada, Puerto Rico, Guam, 
American Samoa, the Commonwealth of the Northern Mariana Islands, and 
the U.S. Virgin Islands. Expanding the geographic scope of the program 
will ensure that all TRICARE-eligible retirees are eligible for the 
same dental benefits, regardless of their location. There are no 
additional Government costs associated with this proposed expansion of 
TRDP overseas as TRDP costs are borne entirely by enrollees through 
premium payments.

DATES: Written comments received at the address indicated below by June 
15, 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: Debra Hatzel, Program Requirements 
Division, TRICARE Management Activity, telephone (303) 676-3572.

[[Page 18928]]


SUPPLEMENTARY INFORMATION: This proposed rule expands the geographic 
scope of TRDP to overseas locations not currently covered by the 
program. Although 10 U.S.C. 1076c, does not restrict the geographic 
availability of the TRDP, per 32 CFR 199.22(b)(3), TRDP is currently 
limited to the 50 United States and the District of Columbia, Canada, 
Puerto Rico, Guam, American Samoa, the Commonwealth of the Northern 
Mariana Islands, and the U.S. Virgin Islands. Expanding the geographic 
scope of the program will ensure that all TRICARE-eligible retirees are 
eligible for the same dental benefits, regardless of their location. 
This expansion of the geographic scope of the TRDP program is based 
upon feedback from the TRICARE-eligible retiree community which 
indicated that there is a demand for this program in all overseas 
locations.
    Although the TRDP is administered in a manner similar to the TDP, 
there are significant differences in program funding. TDP costs are 
shared for two of the four eligible categories of TDP enrollees between 
the enrollees and the Department of Defense; however, for the other two 
categories of TDP enrollees, and all TRDP enrollees, costs are borne 
entirely by enrollees through premium payments. Enrollees are also 
responsible for any dental costs in excess of the TRDP coverage limits, 
and the contractor is solely responsible for any program costs in 
excess of annual premium payments.
    Therefore, there are no additional Government costs associated with 
this proposed expansion of TRDP coverage overseas. Specific methods of 
TRDP program administration, payment rates and procedures, provider 
licensure and certification requirements, and other program elements 
may differ by location to the extent necessary for the effective and 
efficient operation of the plan. These differences may include, but are 
not limited to, specific provisions for preauthorization of care, 
varying licensure and certification requirements for foreign providers, 
and other differences based on limitations in the availability and 
capabilities of the Uniformed Services overseas dental treatment 
facilities and a particular nation's civilian sector providers in 
certain areas.

Regulatory Procedures

    Executive Order 12866 directs agencies to assess all costs and 
benefits available, regulatory alternatives and, when regulation is 
necessary, to select regulatory approaches that maximize net benefits 
(including potential economic, environmental, public health and safety, 
and other advantages; distributive impacts; and equity. The Order 
classifies a rule as a significant regulatory action requiring review 
by the Office of Management and Budget if it meets any one of a number 
of specified conditions, including having an annual effect on the 
national economy of $100 million or more, creating a serious 
inconsistency or interfering with an action of another agency, 
materially altering the budgetary impact of entitlements or the rights 
of entitlement recipients, or raising novel legal or policy issues. DoD 
has examined the economic, legal, and policy implications of this 
proposed rule and has concluded that it is a significant regulatory 
action because it may raise novel legal or policy issues of enhancing 
the dental health of military retirees and their dependents who reside 
overseas. The changes set forth in the proposed rule to the existing 
regulation do not change the basic TRDP benefit structure.
    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 
proposed rule does not have a significant impact on small entities.
    This proposed rule is not a major rule under the Congressional 
Review Act because its economic impact will be less than $100 million.
    Executive Order 13132 requires that each Federal Agency shall 
consult with State and local officials and obtain their input if a rule 
has federalism implications which 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. We have examined the impact of the 
proposed 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. This rule 
contains a collection-of-information requirement subject to the 
Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501-3511) and which 
has been approved by OMB under control number 0720-0015. This rule will 
not change this requirement, but will only increase the number of 
beneficiaries who are eligible to enroll in the TDRP by approximately 
100,000 people. Public reporting burden for this collection of 
information is estimated to average 15 minutes per response, including 
the time for reviewing instructions, searching existing data sources, 
gathering and maintaining the data needed, and completing and reviewing 
the collection of information. Send comments regarding this burden 
estimate or any other aspect of this data collection, including 
suggestions for reducing the burden, to Department of Defense, 
Washington Headquarters Service, Directorate for Information Operations 
and Reports (0720-0015), 1215 Jefferson Davis Highway, Suite 1204, 
Arlington, VA 22202-4302. Respondents should be aware that 
notwithstanding any other provision of law, no person is required to 
respond to, nor shall any person be subject to a penalty for failure to 
comply with, a collection of information subject to the requirements of 
the PRA, unless that collection of information displays a currently 
valid OMB Control Number.

List of Subjects in 32 CFR Part 199

    Claims, Dental health, Health care, Health insurance, Individuals 
with disabilities, Military personnel.

    Accordingly, 32 CFR part 199 is proposed to be amended as follows:

PART 199--[AMENDED]

    1. The authority citation for part 199 continues to read as 
follows:

    Authority: 5 U.S.C. 301; 10 U.S.C. chapter 55.

    2. Section 199.22 is amended by revising paragraph (b)(3) to read 
as follows:


Sec.  199.22  TRICARE Retiree Dental Program (TRDP).

* * * * *
    (b) * * *
    (3) Geographic scope. (i) The TRDP is applicable to authorized 
providers in the 50 United States and the District of Columbia, Canada, 
Puerto Rico, Guam, American Samoa, the Commonwealth of the Northern 
Mariana Islands, and the U.S. Virgin Islands.
    (ii) The Assistant Secretary of Defense (Health Affairs) (ASD(HA)) 
may extend the TRDP to geographic areas other than those specified in 
paragraph (b)(3)(i) of this section. In extending the TRDP overseas, 
the ASD(HA), or designee, is authorized to establish program elements, 
methods of administration, and payment rates and procedures that are 
different from those in effect for the

[[Page 18929]]

areas specified in paragraph (b)(3)(i) of this section to the extent 
the ASD(HA), or designee, determines necessary for the effective and 
efficient operation of the TRDP. These differences may include, but are 
not limited to, specific provisions for preauthorization of care, 
varying licensure and certification requirements for foreign providers, 
and other differences based on limitations in the availability and 
capabilities of the Uniformed Services overseas dental treatment 
facilities and a particular nation's civilian sector providers in 
certain areas. The Director, TRICARE Management Activity shall issue 
guidance, as necessary, to implement the provisions of this paragraph. 
TRDP enrollees residing in overseas locations will be eligible for the 
same benefits as enrollees residing in the continental United States, 
although dental services may not be available or accessible in all 
locations.
* * * * *

    Dated: April 10, 2007.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. E7-7132 Filed 4-13-07; 8:45 am]
BILLING CODE 5001-06-P