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[Federal Register: August 18, 2010 (Volume 75, Number 159)]
[Rules and Regulations]               
[Page 50882-50883]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18au10-18]                         

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DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 199

[Docket ID: DOD-2009-HA-0096]
RIN 0720-AB34

 
TRICARE: Transitional Assistance Management Program (TAMP)

AGENCY: Office of the Secretary, Department of Defense.

ACTION: Final rule.

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SUMMARY: The Department of Defense is publishing this final rule to 
implement section 4 of the Hubbard Actand section 734 of the Duncan 
Hunter National Defense Authorization Act for Fiscal Year 2009. These 
Acts provide two new categories of beneficiaries for the Transitional 
Assistance Management Program (TAMP). Specifically, a member who 
receives a sole survivorship discharge and a member who is separated 
from Active Duty who agrees to become a member of the Selected Reserve 
of the Ready Reserve of a reserve component are eligible for TAMP.

DATES: Effective Date: This rule is effective September 17, 2010.

FOR FURTHER INFORMATION CONTACT: Mr. Glenn J. Corn, TRICARE Management 
Activity, Medical Benefits and Reimbursement Branch, telephone (303) 
676-3566. Questions regarding payment of specific claims should be 
addressed to the appropriate TRICARE contractor.

SUPPLEMENTARY INFORMATION: 

I. Background

    In the Federal Register of November 27, 2009, (74 FR 62269), the 
Office of the Secretary of Defense published for public comment a 
proposed rule establishing two new eligibility categories under TAMP. 
The TAMP benefit provides continued TRICARE coverage for a period of 
180 days. For those who qualify, the 180 day time frame begins upon the 
Active Duty member's separation.

II. Explanation of Provisions

    Public Law 110-317 amended section 1145(a)(2) of title 10, U.S.C. 
by adding ``a member who receives a sole survivorship discharge (as 
defined in section 1174(i) of this title)'' as an additional category 
of TAMP eligible. The provision is effective August 29, 2008.
    Public Law 110-471 amended section 1145(a)(2) of title 10, U.S.C. 
by adding ``A member who is separated from Active Duty who agrees to 
become a member of the Selected Reserve of the Ready Reserve of a 
reserve component.'' This provision is effective October 14, 2008.
    This final rule establishes these two new eligibility categories 
under TAMP.

III. Public Comments

    We provided a 60-day public comment period following publication of 
the Proposed Rule in the Federal Register (74 FR 62269) on November 27, 
2009. No comments were received.

IV. Regulatory Procedures

Executive Order 12866, ``Regulatory Planning and Review''

    Section 801 of Title 5, United States Code (U.S.C.), and Executive 
Order (E.O.) 12866 require certain regulatory assessments and 
procedures for any major rule or 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. It 
has been certified that this rule is not an economically significant 
rule; however, it is a regulatory action which has been reviewed by the 
Office of Management and Budget as required under the provisions of 
E.O. 12866.

Section 202, Public Law 104-4, ``Unfunded Mandates Reform Act''

    It has been certified that this rule does not contain a Federal 
mandate that may result in the expenditure by State, local and Tribal 
governments, in aggregate, or by the private sector, of $100 million or 
more in any one year.

Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. 601)

    The Regulatory Flexibility Act (RFA) requires 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 will not significantly affect a substantial number of small 
entities for purposes of the RFA.

Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35)

    This rule will not impose significant additional information 
collection requirements on the public under the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501-3511). Existing information collection 
requirements of the TRICARE and Medicare programs will be utilized.

Executive Order 13132, ``Federalism''

    This rule has been examined for its impact under E.O. 13132 and 
does not contain policies that have federalism

[[Page 50883]]

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

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

0
Accordingly, 32 CFR part 199 is amended 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 199.3 is amended by adding paragraphs (e)(1)(v) and 
(e)(1)(vi) to read as follows:

Sec.  199.3  Eligibility.

* * * * *
    (e) * * *
    (1) * * *
    (v) A member who receives a sole survivorship discharge (as defined 
in section 1174(i) of this title).
    (vi) A member who is separated from Active Duty who agrees to 
become a member of the Selected Reserve of the Ready Reserve of a 
reserve component.
* * * * *

    Dated: August 10, 2010.
Patricia L. Toppings,
OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2010-20393 Filed 8-17-10; 8:45 am]
BILLING CODE 5001-06-P
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