Federal Register / Vol. 72, No. 182 / Thursday, September 20, 2007 / Rules and Regulations 53685 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 199 

[DoD–2006–OS–0209] 

RIN 0720–AB02 

TRICARE; Changes Included in the 

National Defense Authorization Act for 

Fiscal Year 2006; TRICARE Dental 

Program 

AGENCY: Office of the Secretary, DoD. 

ACTION: Final rule. 

SUMMARY: This final rule implements 

section 713 of the National Defense 

Authorization Act for Fiscal Year 2006 

(NDAA for FY06), Public Law 109–163. 

The rule provides eligibility for survivor 

benefits under the TRICARE Dental 

Program (TDP) to include the active 

duty spouse of a member who dies 

while on active duty for a period of 

more than 30 days who subsequently 

separates from active duty during the 

three-year transitional survivor period. 

DATES: Effective Date: September 20, 

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 

Prior to section 713 of the FY 06 

NDAA, a surviving spouse who is a 

member of the armed forces on active 

duty for a period of more than 30 days 

at the time the other active duty military 

member spouse dies, and who 

subsequently separates from active duty, 

was ineligible for the TRICARE Dental 

program (TDP) survivor benefit. The 

surviving active duty spouse was 

ineligible because he or she was not 

enrolled in the program at the time of 

the spouse’s death. Active duty 

members are not eligible for enrollment 

in the TDP. There are many dual 

military couples in the armed forces and 

the authority provided by section 713 of 

the NDAA for FY06 directs the 

Department to expand the eligibility for 

survivor benefits under the TDP to 

include the active duty spouse of a 

member who dies while on active duty 

for a period of more than 30 days who 

subsequently separates from active duty 

during the three-year survivor period. 

II. Review of Public Comments 

We provided a 60 day comment 

period on the interim final rule which 

was published in the Federal Register 

on November 17, 2006 (71 FR 66871). 

We received no public comments. 

III. Regulatory Procedures 

Executive Order (EO) 12866 

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, although not economically 

significant under Executive Order 

12866, is a significant rule under 

Executive Order 12866 and has been 

reviewed by the Office of Management 

and Budget. The changes set forth in 

this final rule involve an expansion of 

TRICARE benefits. 

Paperwork Reduction Act 

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 

Dental program, Dental health, Health 

care, Health insurance, Military 

personnel. 

■ For the reasons set out in the 

preamble, the Department of Defense 

amends 32 CFR part 199 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 199.13 is amended by 

revising paragraphs (c)(3)(ii)(E)(2), to 

read as follows: 

§ 199.13 TRICARE Dental Program. 

* * * * * 

(c) * * * 

(3) * * * 

(ii) * * * 

(E) * * * 

(2) Continuation of eligibility. Eligible 

dependents of active duty members 

while on active duty for a period of 

more than 30 days and eligible 

dependents of members of the Ready 

Reserve (i.e., Selected Reserve or 

Individual Ready Reserve, as specified 

in 10 U.S.C. 10143 and 10144(b) 

respectively), shall be eligible for 

continued enrollment in the TDP for up 

to three (3) years from the date of the 

member’s death, if, on the date of the 

death of the member, the dependent is 

enrolled in the TDP, or is not enrolled 

by reason of discontinuance of a former 

enrollment under paragraphs 

(c)(3)(ii)(E)(4)(ii) and (c)(3)(ii)(E)(4)(iii) 

of this section, or is not enrolled 

because the dependent was under the 

minimum age for enrollment at the time 

of the member’s death, or is not 

qualified for enrollment because the 

dependent is a spouse who is a member 

of the armed forces on active duty for 

a period of more than 30 days but 

subsequently separates or is discharged 

from active duty. This continued 

enrollment is not contingent on the 

Selected Reserve or Individual Ready 

Reserve member’s own enrollment in 

the TDP. During the three-year period of 

continuous enrollment, the government 

will pay both the government and the 

beneficiary’s portion of the premium 

share. 

* * * * * 

Dated: September 13, 2007. 

L.M. Bynum, 

OSD Federal Register Liaison Officer, 

Department of Defense. 

[FR Doc. 07–4654 Filed 9–19–07; 8:45 am] 

BILLING CODE 5001–06–M 


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