48366 Federal Register / Vol. 78, No. 153 / Thursday, August 8, 2013 / Proposed Rules 

§ 1205.311 What must I do if I erroneously 

report using the marginal property 

exception? 

If you erroneously report using the 

marginal property exception on a 

property that is not a qualified marginal 

property, you: 

(a) Must amend all erroneously 

submitted Form MMS–2014s to report 

your entitled volume for each calendar 

month; 

(b) Will owe any associated interest 

calculated under part 1218 of this title; 

and 

(c) May be subject to civil penalties 

under part 1241 of this title. 

§ 1205.312 What must I do if my property 

no longer qualifies as a marginal property 

under this subpart? 

(a) Your property must qualify for the 

marginal property exception under this 

subpart for each calendar year based on 

production during the base period. 

(b) If you find that your property is no 

longer eligible for the marginal property 

exception in the most recent base 

period, you must stop using the 

exception as of December 31 of the year 

in which the most recent base period 

ends. 

(c) If you do not stop using the 

marginal property exception as required 

under paragraph (b) of this section, then 

you: 

(1) Will owe late payment interest 

determined under part 1218 of this title 

from the date you were required to stop 

using the exception under paragraph (b). 

(2) May be subject to civil penalties 

under part 1241 of this title. 

PART 1210—FORMS AND REPORTS 

■ 7. The authority for part 1210 

continues to read as follows: 

Authority: 5 U.S.C. 301 et seq.; 25 U.S.C. 

396, 2107; 30 U.S.C. 189, 190, 359, 1023, 

1751(a); 31 U.S.C. 3716, 9701; 43 U.S.C. 

1334, 1801 et seq.; and 44 U.S.C. 3506(a). 

Subpart A—General Provisions 

§ 1210.10 What are the OMB-approved 

information collections? 

■ 8. Amend § 1210.10 by adding a new 

OMB control number as the last entry to 

the table as follows: 

* * * * * 

OMB control number and short title Form or information collected 

*******

1012–XXXX, 30 CFR Part 1205, Takes vs. Entitlements ........................ No forms for the following collections: 

• Request to use an alternative method of royalty reporting and 

payment. 

• Request to stop using the approved alternative method of royalty reporting and payment. 

[FR Doc. 2013–19165 Filed 8–7–13; 8:45 am] 

BILLING CODE 4310–T2–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 199 

[DOD–2011–HA–0136] 

RIN 0720–AB56 

Civilian Health and Medical Program of 

the Uniformed Services (CHAMPUS); 

TRICARE Uniform Health Maintenance 

Organization (HMO) Benefit—Prime 

Enrollment Fee Exemption for 

Survivors of Active Duty Deceased 

Sponsors and Medically Retired 

Uniformed Services Members and 

Their Dependents 

AGENCY: Office of the Secretary, DoD. 

ACTION: Proposed rule. 

SUMMARY: This proposed rule would 

establish an exception to the usual rule 

that TRICARE Prime enrollment fees are 

uniform for the group of retirees and 

their dependents. Survivors and 

medically retired members are part of 

the retiree group under TRICARE rules. 

This exception would allow Survivors 

of Active Duty Deceased Sponsors and 

Medically Retired Uniformed Services 

Members and their Dependents enrolled 

in Prime to be exempt from future 

increases in TRICARE Prime enrollment 

fees. The Prime beneficiaries in these 

categories prior to 10/1/2013 would 

have their annual enrollment fee frozen 

at their current annual rate (FY 2011 

rate $230 per single or $460 per family, 

FY 2012 rate $260 or $520, or the FY 

2013 rate $269.38 or $538.56). The 

beneficiaries added to these categories 

on or after 10/1/2013 would have their 

fee frozen at the rate in effect at the time 

they are classified in either category and 

enroll in Prime or, if not enrolling, at 

the rate in effect at the time of 

enrollment. The fee remains frozen as 

long as at least one family member 

remains enrolled in Prime and there is 

not a break in enrollment. The fee 

charged for the dependent(s) of a 

Medically Retired Uniformed Services 

Member would not change if the 

dependent(s) was later re-classified a 

Survivor. 

DATES: Written comments received at 

the address indicated below by October 

7, 2013 will be considered and 

addressed in the final rule. 

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 dependents 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: 

Ralph (Doug) McBroom, (703) 681– 

0039, TRICARE Management Activity, 

TRICARE Policy and Operations 

Directorate. Questions regarding 

payment of specific claims under the 

TRICARE allowable charge method 

should be addressed to the appropriate 

TRICARE contractor. 

SUPPLEMENTARY INFORMATION: With 

respect to TRICARE Prime enrollment 

fees, the regulation (32 CFR 199.18(c)) 

currently includes the following 

provision: ‘‘The specific enrollment fee 

requirements shall be published 

annually by the Assistant Secretary of 

Defense (Health Affairs), and shall be 

uniform within the following groups: 

dependents of active duty members in 

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Federal Register / Vol. 78, No. 153 / Thursday, August 8, 2013 / Proposed Rules 48367 

pay grades of E–4 and below; active 

duty dependents of sponsors in pay 

grades E–5 and above; and retirees and 

their dependents.’’ There is no 

enrollment fee for active duty 

dependents. The annual enrollment fee 

for retirees and their dependents since 

the program began was $230 per person 

or $460 per family until FY 2012. In FY 

2012, the Department of Defense 

implemented a modest increase ($2.50 

per person or $5.00 per family per 

month) in the enrollment fees for 

retirees and their dependents to $260 

per person or $520 per family, followed 

by annual indexing. For FY 2013, the 

fee was increased per the National 

Defense Authorization Act for FY 2012 

using the same Cost of Living 

Adjustment (COLA) percentage (3.6%) 

used to increase military retired pay. 

This increased the fees for FY 2013 to 

$269.38 per person or $538.56 per 

family. 

Although the increases have been 

modest, TRICARE intends to exempt 

from this increase Survivors of Active 

Duty Deceased Sponsors and Medically 

Retired Uniformed Services Members 

and their Dependents enrolled in Prime. 

The enrollment fees for the current 

beneficiaries in these categories would 

remain at their current rate. The 

beneficiaries added to these categories 

on or after 10/1/2013 would have their 

fee frozen at the rate in effect at the time 

they are classified in either category and 

enroll in Prime or, if not enrolling, at 

the rate in effect at the time of 

enrollment. The fee remains frozen as 

long as at least one family member 

remains enrolled in TRICARE Prime and 

there is not a break in enrollment. To 

allow this exemption to be 

implemented, a change to the regulation 

is needed to authorize an exception to 

the general rule that the enrollment fees 

‘‘shall be uniform’’ for the group of 

retirees and their dependents. 

(Survivors and medically retired 

members are part of the retiree group 

under TRICARE rules.) This proposed 

rule articulates that change. It provides 

that as an exception to the requirement 

for uniformity within the group of 

retirees and their dependents, the 

Assistant Secretary of Defense (Health 

Affairs) may exempt Survivors of Active 

Duty Deceased Sponsors and Medically 

Retired Uniformed Services Members 

and their dependents from increases in 

enrollment fees that occur on or after 

October 1, 2013. 

It is the Department’s intent that the 

exemption will apply only to the 

beneficiaries in the two categories 

specified above and only if they enroll 

in TRICARE Prime. If a beneficiary in 

one of the categories does not enroll in 

Prime, but later elects to enroll, their 

rate would be frozen at the rate in effect 

at the time of enrollment. If a 

beneficiary dis-enrolls from Prime and 

later re-enrolls, their rate would be 

frozen at the rate in effect at reenrollment. The fee charged for a 

dependent of a Medically Retired 

Uniformed Services Member would not 

change if the dependent was later reclassified a Survivor and remained 

enrolled in Prime. 

Regulatory Procedures 

Executive Orders 12866 and 13563 

require certain regulatory assessments 

for any significant regulatory action that 

would result in an annual effect on the 

economy of $100 million or more, or 

have other substantial impacts. The 

Congressional Review Act establishes 

certain procedures for major rules, 

defined as those with similar major 

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 that would have significant 

impact on a substantial number of small 

entities. This proposed rule will have 

none of those effects. Nor does it 

establish information collection 

requirements under the Paperwork 

Reduction Act. Nor for purposes of 

Executive Order 13132 does it have 

federalism implications affecting States. 

List of Subjects in 32 CFR Part 199 

Claims, Handicapped, Health 

insurance, and Military personnel. 

Accordingly, 32 CFR part 199 is 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 199.18 is amended by 

adding at the end of paragraph (c)(1) a 

new sentence, as follows: 

§ 199.18 Uniform HMO Benefit. 

* * * * * 

(c) * * * . (1) * * * As an exception 

to the requirement for uniformity within 

the group of retirees and their 

dependents, the Assistant Secretary of 

Defense (Health Affairs) may exempt 

Survivors of Active Duty Deceased 

Sponsors and Medically Retired 

Uniformed Services Members and their 

Dependents from increases in 

enrollment fees that occur on or after 

October 1, 2013. 

Dated: July 29, 2013. 

Patricia L. Toppings, 

OSD Federal Register Liaison Officer, 

Department of Defense. 

[FR Doc. 2013–19152 Filed 8–7–13; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 199 

[DOD–2013–HA–0053] 

RIN 0720–AB59 

TRICARE Program; Clarification of 

Benefit Coverage of Durable 

Equipment and Ordering or 

Prescribing Durable Equipment; 

Clarification of Benefit Coverage of 

Assistive Technology Devices under 

the Extended Care Health Option 

Program 

AGENCY: Office of the Secretary, DoD. 

ACTION: Proposed rule. 

SUMMARY: The Department of Defense 

(DoD) proposes several amendments to 

the TRICARE regulation. Specifically, 

the proposed rule revises the definitions 

of durable equipment (DE) and durable 

medical equipment (DME) to better 

conform the language in the regulation 

to the statute and implementing the 

statutory requirements will not change 

current policies. This rule also adds a 

definition of assistive technology (AT) 

devices for purposes of benefit coverage 

under the TRICARE Extended Care 

Health Option (ECHO) Program and 

removes the restriction under the 

TRICARE Basic Program that limits 

ordering or prescribing of DME to only 

a physician, to allow certain other 

authorized individual professional 

providers acting within the scope of 

their licensure to order or prescribe 

DME. 

Finally, the proposed rule 

incorporates a policy clarification 

relating to luxury, deluxe, or immaterial 

features of equipment or devices. 

Namely, TRICARE cannot reimburse for 

the luxury, deluxe, or immaterial 

features of equipment or devices. 

However, the TRICARE Management 

Activity (TMA) can reimburse for the 

base or basic equipment or device that 

meet the beneficiary’s needs. 

Beneficiaries may pay the provider for 

the luxury, deluxe, or immaterial 

features themselves, if they desire their 

equipment or device to have these 

‘‘extra features.’’ 

DATES: Comments must be received on 

or before October 7, 2013. Do not submit 

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