62940 Federal Register / Vol. 71, No. 208 / Friday, October 27, 2006 / Rules and Regulations 

1Copies may be obtained at http://www.dtic.mil/ 

whs/directives/corres/pdf/52001r_0197/ 

p52001r.pdf. 

affected by the initial determination 

may request a reconsideration. We may 

accept requests for reconsideration that 

are filed by electronic or other means 

that we determine to be appropriate. 

Subject to the provisions of this section 

and § 418.1330, when you request a 

reconsideration, we will use the rules in 

§§ 404.907 through 404.922 of this 

chapter. 

§ 418.1330 Can you request a 

reconsideration when you believe that the 

IRS information we used is incorrect? 

If you request a reconsideration solely 

because you believe that the information 

that IRS gave us is incorrect, we will 

dismiss your request for a 

reconsideration and notify you to obtain 

proof of a correction from IRS and 

request a new initial determination 

(§ 418.1335). 

Our dismissal of your request for 

reconsideration is not an initial 

determination subject to further 

administrative or judicial review. 

§ 418.1335 What should you do if our 

initial determination is based on modified 

adjusted gross income information you 

believe to be incorrect? 

If you believe that IRS or you 

provided incorrect modified adjusted 

gross income information to us that we 

used to determine your income-related 

monthly adjustment amount, you can 

request information from us on how to 

contact IRS regarding the information 

we used. 

(a) If IRS determines that the 

information it provided is not correct, 

IRS will provide you with 

documentation of the error, such as a 

copy of your Federal income tax return. 

If you would like us to use the revised 

or corrected information to determine 

your income-related monthly 

adjustment amount, you will need to 

request that we use that information and 

provide us with the IRS documentation 

confirming the error. We will make any 

necessary retroactive corrections as 

described in § 418.1110(d) to your 

income-related monthly adjustment 

amount. 

(b) If you provided information to us 

about your modified adjusted gross 

income that we used to determine your 

income-related monthly adjustment 

amount, and that information is not 

correct, you may provide revised or 

corrected information. We will use the 

revised or corrected information if it 

reduces or eliminates your incomerelated monthly adjustment amount. We 

will make any necessary retroactive 

corrections as described in § 418.1110 to 

your income-related monthly 

adjustment amount. If you are providing 

corrected information about a more 

recent tax year’s modified adjusted gross 

income that we used due to your major 

life-changing event, as described in 

§ 418.1240, we will use the rules in 

§ 418.1245 to determine how it will 

affect your income-related monthly 

adjustment amount. 

§ 418.1340 What are the rules for our 

administrative review process? 

To the extent that they are not 

inconsistent with the rules in this 

subpart for making initial 

determinations and reconsidered 

determinations, we will use the same 

rules for the administrative review 

process that we use for determinations 

and decisions about your rights 

regarding non-medical issues under title 

II of the Act, as described in subpart J 

of part 404 of this chapter. We will 

accept oral requests as well as the 

written requests required in subpart J of 

part 404 of this chapter for requesting 

administrative review of our 

determination. If you are dissatisfied 

with our reconsidered determination, 

you may request review in accordance 

with § 418.1350 for this subpart. A 

request for a new initial determination, 

described in § 418.1310, is not the same 

as a request for reconsideration or 

further administrative review. 

§ 418.1345 Is reopening of an initial or 

reconsidered determination made by us 

ever appropriate? 

We may reopen an initial or 

reconsidered determination made by us 

when the conditions for reopening are 

met as described in § 404.988 of this 

chapter. We will use the rules in 

§§ 404.987 through 404.991a of this 

chapter when we reopen determinations 

made by us. 

§ 418.1350 What are the rules for review of 

a reconsidered determination or an 

administrative law judge decision? 

You may request a hearing before an 

OMHA administrative law judge 

consistent with HHS’ regulations at 42 

CFR part 405. You may seek further 

review of the administrative law judge’s 

decision by requesting MAC review and 

judicial review in accordance with HHS’

regulations. For the purpose of your 

request for an administrative law judge 

hearing or MAC review, you will be 

required to provide your consent for us 

to release your relevant tax return 

information to OMHA or the MAC for 

the purposes of adjudicating any appeal 

of the amount of an income-related 

adjustment to the Part B premium 

subsidy and for any judicial review of 

that appeal. 

§ 418.1355 What are the rules for 

reopening a decision by an administrative 

law judge of the Office of Medicare 

Hearings and Appeals (OMHA) or by the 

Medicare Appeals Council (MAC)? 

The rules in 42 CFR 405.980 through 

405.986 govern reopenings of decisions 

by an administrative law judge of the 

OMHA and decisions by the MAC. A 

decision by an administrative law judge 

of the OMHA may be reopened by the 

administrative law judge or by the MAC. 

A decision by the MAC may be 

reopened only by the MAC. 

[FR Doc. E6–17690 Filed 10–26–06; 8:45 am] 

BILLING CODE 4191–02–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

[DOD–2006–OS–0106] 

32 CFR Part 286 

DoD Freedom of Information Act 

Program Regulation 

AGENCY: Department of Defense. 

ACTION: Final rule. 

SUMMARY: This documents removes 

Subpart D, ‘‘For Official Use Only’’

(FOUO) from 32 CFR part 286, ‘‘DoD 

Freedom of Information Act Program 

Regulations’’ and reserves that subpart 

for future use. Removing this from 32 

CFR part 286 will eliminate confusion 

of the authoritative FOUO guidance and 

who is the authority on FOUO. This 

removal will alleviate any further 

uncertainty, avoid duplication of FOUO 

guidance, and is considered an 

administrative action. 

DATES: Effective Date: November 27, 

2006. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Stephen Fisher, 703–696–4697. 

SUPPLEMENTARY INFORMATION: The Under 

Secretary of Defense (Intelligence) 

(USD(I)) is responsible for FOUO 

guidance. This guidance (FOUO) is 

included in Appendix 3 of DoD 5200.1–

R1 which is the current FOUO guidance 

for the Department of Defense. 

List of Subjects in 32 CFR Part 286 

Freedom of information. 

PART 286—DOD FREEDOM OF 

INFORMATION ACT PROGRAM 

REGULATIONS 

■ Accordingly, by the authority of 10 

U.S.C. 301, 32 CFR part 286 is amended 

as follows: 


rmajette on PROD1PC67 with RULES1
Federal Register / Vol. 71, No. 208 / Friday, October 27, 2006 / Rules and Regulations 62941 

■ 1. The authority citation for 32 CFR 

part 286 continues to read as follows: 

Authority: 5 U.S.C. 552. 

■ 2. 32 CFR part 286 is amended by 

removing and reserving subpart D. 

Dated: October 23, 2006. 

L.M. Bynum, 

OSD Federal Register Liaison Officer, DoD. 

[FR Doc. 06–8908 Filed 10–26–06; 8:45 am] 

BILLING CODE 5001–06–M 


rmajette on PROD1PC67 with RULES1