Federal Register / Vol. 72, No. 185 / Tuesday, September 25, 2007 / Rules and Regulations 54353 

The (j)(2) exemption was initially 

applied to this system which was the 

database used for all Inspection (now 

the Treasury Inspector General for Tax 

Administration [TIGTA]) investigations. 

TIGTA is not a part of IRS and no 

Inspection investigations are maintained 

in this system, with the exception of 

personnel security investigations. Under 

5 U.S.C. 552a(k)(5), the head of any 

agency may promulgate rules to exempt 

any system of records within the agency 

from certain provisions of the Privacy 

Act of 1974 if the system is investigatory 

material compiled solely for the purpose 

of determining suitability, eligibility, or 

qualifications for Federal civilian 

employment, military service, Federal 

contracts, or access to classified 

information. This is applicable only to 

the extent that the disclosure of such 

material would reveal the identity of a 

source who furnished information to the 

Government under an express promise 

that the identity of the source would be 

held in confidence, or, prior to 

September 27, 1975, under an implied 

promise that the identity of the source 

would be held in confidence. Thus to 

the extent that the records in this system 

can be disclosed without revealing the 

identity of a confidential source, they 

are not within the scope of this 

exemption and are subject to all the 

requirements of the Privacy Act. 

The sections of 5 U.S.C. 552a from 

which the systems of records are exempt 

include in general those providing for 

individuals’ access to or amendment of 

records. When such access or 

amendment would cause the identity of 

a confidential source to be revealed, it 

would impair the future ability of the 

Department to compile investigatory 

material for the purpose of determining 

suitability, eligibility, or qualifications 

for Federal civilian employment, 

Federal contracts, or access to classified 

information. In addition, the systems 

should be exempt from 5 U.S.C. 

552a(e)(1) which requires that an agency 

maintain in its records only such 

information about an individual as is 

relevant and necessary to accomplish a 

purpose of the agency required to be 

accomplished by statute or executive 

order. The Department believes that to 

fulfill the requirements of 5 U.S.C. 

552a(e)(1) would unduly restrict the 

agency in its information gathering 

inasmuch as it is often not until well 

after the investigation that it is possible 

to determine the relevance and 

necessity of particular information. 

A separate notice revising the system 

of records entitled ‘‘IRS 34.022—

National Background Investigations 

Center Management Information 

System’’ was published in the Federal 

Register on November 28, 2005, at 70 

FR 71376. Among other changes, the 

name of the system of records was 

changed to ‘‘Automated Background 

Investigations System (ABIS).’’

As required by Executive Order 

12866, it has been determined that this 

final rule is not a significant regulatory 

action, and therefore, does not require a 

regulatory impact analysis. 

The regulation will not have a 

substantial direct effect on the States, on 

the relationship between the Federal 

Government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, it is 

determined that this rule does not have 

federalism implications under Executive 

Order 13132. 

Pursuant to the requirements of the 

Regulatory Flexibility Act, 5 U.S.C. 601–

612, it is hereby certified that these 

regulations will not significantly affect a 

substantial number of small entities. 

The final rule imposes no duties or 

obligations on small entities. 

In accordance with the provisions of 

the Paperwork Reduction Act of 1995, 

the Department of the Treasury has 

determined that this final rule would 

not impose new record keeping, 

application, reporting, or other types of 

information collection requirements. 

List of Subjects in 31 CFR Part 1 

Privacy. 

■ Part 1 subpart C of Title 31 of the 

Code of Federal Regulations amended as 

follows: 

PART 1—[AMENDED] 

■ 1. The authority citation for part 1 

continues to read as follows: 

Authority: 5 U.S.C. 301, 31 U.S.C. 321, 

subpart A also issued under 5 U.S.C. 552, as 

amended. Subpart C also issued under 5 

U.S.C. 552a. 

■ 2. Section 1.36 of subpart C is 

amended as follows: 

■ a. Paragraph (c)(1)(viii) is amended by 

removing ‘‘IRS 34.022—National 

Background Investigations Center 

Management Information System’’ from 

the table. 

■ b. Paragraph (m)(1)(viii) is amended 

by adding the following text to the table 

in numerical order: 

§ 1.36 Systems exempt in whole or in part 

from provisions of 5 U.S.C. 522a and this 

part. 

* * * * * 

(m) * * * 

(1) * * * 

(viii) * * * 

Number Name of system 

* * * * * 

IRS 34.022 ................ Automated Background Investigations System 

(ABIS) 

* * * * * 

* * * * * 

Dated: September 18, 2007. 

Peter B. McCarthy, 

Assistant Secretary for Management and 

Chief Financial Officer. 

[FR Doc. E7–18859 Filed 9–24–07; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 199 

[DoD–2007–HA–0026] 

RIN 0720–AB14 

TRICARE; Changes Included in the 

John Warner National Defense 

Authorization Act for Fiscal Year 2007; 

Authorization of Anesthesia and Other 

Costs for Dental Care for Children and 

Certain Other Patients 

AGENCY: Office of the Secretary, 

Department of Defense. 

ACTION: Final rule. 

SUMMARY: This final rule implements 

section 702 of the John Warner National 

Defense Authorization Act for Fiscal 

Year 2007, Public Law 109–364. The 

rule provides coverage of contracted 

medical care with respect to dental care 

beyond that care required as a necessary 

adjunct to medical or surgical treatment. 

The entitlement of institutional and 

anesthesia services is authorized in 

conjunction with non-covered dental 

treatment for patients with 

developmental, mental, or physical 

disabilities or for pediatric patients age 

5 or under. This final rule does not 

eliminate any contracted medical care 

that is currently covered for spouses and 

children. The entitlement of anesthesia 

services includes general anesthesia 

services only. Institutional services 

include institutional benefits associated 

with both hospital and in-out surgery 

settings. Patients with developmental, 

mental, or physical disabilities are those 

patients with conditions that prohibit 

dental treatment in a safe and effective 

manner. Therefore, it is medically or 

psychologically necessary for these 

patients to require general anesthesia for 

dental treatment. 


yshivers on PROD1PC62 with RULES
54354 Federal Register / Vol. 72, No. 185 / Tuesday, September 25, 2007 / Rules and Regulations 

EFFECTIVE DATE: This is rule is effective 

September 25, 2007. 

ADDRESSES: TRICARE Management 

Activity, Skyline 5, Suite 810, 5111 

Leesburg Pike, Falls Church, VA 22041. 

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: 

I. Summary of Final Rule Provisions 

This final rule amends the coverage of 

contracted medical care with respect to 

dental care beyond that care required as 

a necessary adjunct to medical or 

surgical treatment. The entitlement of 

institutional and anesthesia services is 

authorized in conjunction with noncovered dental treatment for patients 

with developmental, mental, or physical 

disabilities or for pediatric patients age 

5 or under. This final rule does not 

eliminate any contracted medical care 

that is currently covered for spouses and 

children. The entitlement of anesthesia 

services includes general anesthesia 

services only. Institutional services 

includes institutional benefits 

associated with both hospital and in-out 

surgery settings. Patients with 

developmental, mental, or physical 

disabilities are those patients with 

conditions that prohibit dental 

treatment in a safe and effective manner. 

Therefore, it is medically or 

psychologically necessary for these 

patients to require general anesthesia for 

dental treatment. 

Prior to section 702 of the John 

Warner National Defense Authorization 

Act for Fiscal Year 2007, general 

anesthesia and institutional services 

were not covered in conjunction with 

dental treatment for patients with 

developmental, mental, or physical 

disabilities or for pediatric patients of 

any age through TRICARE medical plan 

contracts unless it qualified as 

adjunctive dental care. For military 

families who have children that require 

extensive dental treatment under 

general anesthesia, the two options 

available were to have the care provided 

locally at a Department of Defense (DoD) 

facility or a civilian facility. If the care 

was provided in a DoD facility, the total 

costs to the family are minimal.This 

option remains available. There are, 

however, locations where this care is 

not available from a DoD facility due to 

facility constraints (no operating room) 

and/or lack of dental specialists. For 

dental care provided in a civilian 

facility, families currently enrolled in 

the TRICARE Dental Program (TDP) or 

TRICARE Retiree Dental Program 

(TRDP) are provided with coverage for 

dental care with applicable cost-shares. 

These include a 40-percent cost-share 

for general anesthesia and varying costshares for dental procedures (fillings, 

crowns, root canals) completed in the 

operating room setting. There is an 

annual maximum benefit for the TDP 

and TRDP of $1,200 per enrollee. This 

means that the total payments covered 

services for each enrolled member will 

not exceed $1,200 in any contract year. 

In addition, the TRDP has a deductible 

of $50 per patient per year, not to 

exceed $150 per family per year. 

Frequently, the annual maximum is 

reached for those pediatric patients who 

require extensive dental treatment 

under general anesthesia. Once the 

annual maximum is reached, the 

remainder of the billed charges is the 

enrollee’s responsibility. The hospital 

costs (institutional services) are covered 

by neither the TDP nor the TRDP. For 

families with dental insurance other the 

TDP or TRDP, their plan structure may 

have defrayed some costs but out-ofpocket costs remained significant. 

Families without any dental insurance 

incurred the total costs of dental, 

anesthesia, and institutional services. 

II. Review of Public Comments 

We provided a 60-day comment 

period on the proposed rule which was 

published in the Federal Register on 

March 23, 2007 (72 FR 13721). We 

received one document with joint 

comments from the American Dental 

Association (ADA) and the American 

Academy of Pediatric Dentists (AAPD). 

All comments were in support of the 

proposed rule. The ADA and AAPD 

concurred that the proposed rule 

accurately interpreted section 702 of the 

John Warner National Defense 

Authorization Act for Fiscal Year 2007, 

Public Law 109–364. They also 

concurred with the definitions and 

requirements as stated in the proposed 

rule. A waiver of the preauthorization 

requirement will be provided for 

beneficiaries receiving care in the 

transition period between October 17, 

2006, the effective date of the change in 

the law upon which this final rule is 

based, and the implementation date, by 

applying the same criteria in a postauthorization. The ADA and AAPD 

recommended that post-authorization 

reviews utilize the same criteria as 

preauthorization reviews, and that this 

transition plan be referenced in the final 

rule. Post authorization review 

procedures will utilize the same criteria 

as preauthorization reviews; however, 

post authorization procedures will be 

addressed and outlined in detail in the 

TRICARE Manuals and are not included 

in this final rule. 

III. Regulatory Procedures 

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 final rule is not 

subject to any of these requirements. 

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 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 

Claims, Dental health, Health care, 

Health insurance, Individuals with 

disabilities, Military personnel. 

■ Accordingly, 32 CFR part 199 is 

amended as follows: 

PART 199—CIVILIAN HEALTH AND 

MEDICAL PROGRAM OF THE 

UNIFORMED SERVICES (CHAMPUS) 

■ 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 199.4 is amended by 

removing the first sentence of paragraph 

(e)(10) introductory text and adding two 

sentences in its place; revising the first 

sentence of paragraph (e)(10)(iii); and 

adding paragraph (e)(10)(vi) to read as 

follows: 

§ 199.4 Basic Program Benefits. 

* * * * * 


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Federal Register / Vol. 72, No. 185 / Tuesday, September 25, 2007 / Rules and Regulations 54355 

(e)* * * 

(10) Dental. TRICARE/CHAMPUS 

does not include a dental benefit. 

However, in connection with dental 

treatment for patients with 

developmental, mental, or physical 

disabilities or for pediatric patients age 

5 or under, only institutional and 

anesthesia services may be provided as 

a benefit.* * * 

* * * * * 

(iii) Preauthorization required. In 

order to be covered, adjunctive dental 

care requires preauthorization from the 

Director, TRICARE Management 

Activity, or a designee, in accordance 

with paragraph (a)(12) of this 

section.* * * 

* * * * * 

(vi) Anesthesia and institutional costs 

for dental care for children and certain 

other patients. Institutional benefits 

specified in paragraph (b) of this section 

may be extended for hospital and in-out 

surgery settings related to noncovered, 

nonadjunctive dental care when such 

outpatient care or inpatient stay is in 

conjunction with dental treatment for 

patients with developmental, mental, or 

physical disabilities or for pediatric 

patients age 5 or under. For these 

patients, anesthesia services will be 

limited to the administration of general 

anesthesia only. Patients with 

developmental, mental, or physical 

disabilities are those patients with 

conditions that prohibit dental 

treatment in a safe and effective manner. 

Therefore, it is medically or 

psychologically necessary for these 

patients to require general anesthesia for 

dental treatment. Patients with physical 

disabilities include those patients 

having disabilities as defined in § 199.2 

as a serious physical disability. 

Preauthorization by the Director, 

TRICARE Management Activity, or a 

designee, is required for such outpatient 

care or inpatient stays to be covered in 

the same manner as required for 

adjunctive dental care described in 

paragraph (e)(10)(iii) of this section. 

Regardless of whether or not the 

preauthorization request for outpatient 

care or hospital admission is approved 

and thus qualifies for institutional 

benefits, the professional service related 

to the nonadjunctive dental care is not 

covered, with the exception of coverage 

for anesthesia services. 

* * * * * 

Dated: September 13, 2007. 

L.M. Bynum, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 07–4655 Filed 9–24–07; 8:45 am] 

BILLING CODE 5001–06–M 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. CGD05–07–045] 

RIN 1625–AA08 

Special Local Regulations for Marine 

Events; John H. Kerr Reservoir, 

Clarksville, VA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing temporary special local 

regulations for the ‘‘Clarksville 

Hydroplane Challenge’’, a power boat 

race to be held on the waters of the John 

H. Kerr Reservoir adjacent to 

Clarksville, Virginia. These special local 

regulations are necessary to provide for 

the safety of life on navigable waters 

during the event. This action is 

intended to restrict vessel traffic in 

portions of the John H. Kerr Reservoir 

adjacent to Clarksville, Virginia during 

the power boat race. 

DATES: This rule is effective from 7:30 

a.m. on October 6, 2007 to 6:30 p.m. on 

October 7, 2007. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents indicated in this preamble as 

being available in the docket, are part of 

docket CGD05–07–045 and are available 

for inspection or copying at Commander 

(dpi), Fifth Coast Guard District, 431 

Crawford Street, Portsmouth, Virginia 

23704–5004 between 9 a.m. and 2 p.m., 

Monday through Friday, except Federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: 

Dennis Sens, Project Manager, 

Inspections and Investigations Branch, 

at (757) 398–6204. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

On July 16, 2007, we published a 

notice of proposed rulemaking (NPRM) 

entitled Special Local Regulations for 

Marine Events; John H. Kerr Reservoir, 

Clarksville, VA, in the Federal Register 

(72 FR 38808). We received no letters 

commenting on the proposed rule. No 

public meeting was requested, and none 

was held. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. Delaying the effective date 

would be contrary to the public interest, 

since immediate action is needed to 

ensure the safety of the event 

participants, support vessels, spectator 

craft and other vessels transiting the 

event area. However, advance 

notifications will be made to users of 

John H. Kerr Reservoir via, local notice 

to mariners, commercial radio stations, 

and area newspapers. 

Background and Purpose 

On October 6 and 7, 2007, the 

Virginia Boat Racing Association will 

sponsor the ‘‘Clarksville Hydroplane 

Challenge’’, on the waters of the John H. 

Kerr Reservoir. The event will consist of 

approximately 70 inboard hydroplanes 

racing in heats counter-clockwise 

around an oval racecourse. A fleet of 

spectator vessels is anticipated to gather 

nearby to view the competition. Due to 

the need for vessel control during the 

event, vessel traffic will be temporarily 

restricted to provide for the safety of 

participants, spectators and transiting 

vessels. 

Discussion of Comments and Changes 

The Coast Guard did not receive 

comments in response to the notice of 

proposed rulemaking (NPRM) published 

in the Federal Register. Accordingly, 

the Coast Guard is establishing 

temporary special local regulations on 

specified waters of the John H. Kerr 

Reservoir, Clarksville, Virginia. 

Regulatory Evaluation 

This rule is not a ‘‘significant 

regulatory action’’ under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, and does not 

require an assessment of potential costs 

and benefits under section 6(a)(3) of that 

Order. The Office of Management and 

Budget has not reviewed it under that 

Order. 

We expect the economic impact of 

this rule to be so minimal that a full 

Regulatory Evaluation is unnecessary. 

Although this regulation will prevent 

traffic from transiting a portion of the 

John H. Kerr Reservoir adjacent to 

Clarksville, Virginia, during the event, 

the effect of this regulation will not be 

significant due to the limited duration 

that the regulated area will be in effect. 

Extensive advance notifications will be 

made to the maritime community via 

Local Notice to Mariners, marine 

information broadcasts, area 

newspapers, and local radio stations, so 

mariners can adjust their plans 

accordingly. Vessel traffic will be able to 

transit the regulated area between heats, 

when the Coast Guard Patrol 

Commander deems it is safe to do so. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 


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